11.—(1) In considering whether to solemnize or to give his written consent to the solemnization of a marriage under section 96(2) of the Act, the Kadi shall, without prejudice to his general powers to consider what is just and proper, have regard to the following matters:
(a)
whether the husband is competent to support more than one wife and will be able, if he marries more than one wife, to treat them with equity in accordance with the Muslim law; and
(b)
whether there is some lawful benefit involved in the marriage and in particular whether the existing wife suffers from sterility, physical unfitness for the conjugal rights or insanity.
(2) The Kadi may refuse to solemnize the marriage or give his written consent for the solemnization of the marriage, if any failure of equal treatment between the co-wives is feared.