<![CDATA[Polygamy in Selangor is valid under Islamic law; however, the state legally recognizes it only if spouses obtain written permission from the Syariah Court under Section 23 of the Islamic Family Law (State of Selangor) Enactment 2003. This article examines what actually happens to children when this requirement is violated, rather than focusing on the spouses who enter into the marriage. Data on polygamy case registrations at the Selangor Syariah Courts during 2021–2024 indicate that such procedural violations are not isolated incidents but a recurring pattern, with administrative fines rarely exceeding RM1,000. This empirical juridical study uses a socio-legal approach, combining interviews with judges of the Selangor Syariah High Court, case documents, and applicable enactments, analyzed using the interactive model of Miles, Huberman, and Saldaña. The findings reveal a pattern that may appear contradictory on the surface but is consistent from a maqasid perspective: the Court imposes sanctions on husbands who violate procedural requirements while simultaneously recognizing the child's lineage, maintenance, and inheritance rights, provided that the marriage fulfills the essential pillars and conditions of Islamic law. Nevertheless, these rights are often administratively constrained until an application to validate the marriage is submitted. This article argues that the separation between procedural sanctions imposed on parents and substantive protection afforded to children reflects the Court's effort to balance the preventive function of law with the principle of hifz al-nasl (protection of lineage). At the same time, this approach creates a gap in legal certainty that leaves children vulnerable before the marriage is formally validated.]]>
