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Islamic Family Law (Federal Territories)
LAWS OF MALAYSIA
REPRINT
Act 303
ISLAMIC FAMILY LAW
(FEDERAL TERRITORIES)
ACT 1984
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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ISLAMIC FAMILY LAW (FEDERAL TERRITORIES)
ACT 1984
Date of Royal Assent
... ... ... ... ...
27 June 1984
Date of publication in the Gazette ... ... ...
28 June 1984
PREVIOUS REPRINTS
First Reprint
...
...
...
...
...
2001
Second Reprint ...
...
...
...
...
2005
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LAWS OF MALAYSIA
Act 303
ISLAMIC FAMILY LAW (FEDERAL TERRITORIES)
ACT 1984
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title, application and commencement
2.
Interpretation
3.
Saving of prerogative
4.
Application
5.
Criterion for deciding whether a person is a Muslim
6.
Subsisting valid marriages deemed to be registered under this Act and
dissoluble only under this Act
PART II
MARRIAGE
7.
Persons by whom marriages may be solemnized
8.
Minimum age for marriage
9.
Relationships prohibiting marriage
10.
Persons of other religions
11.
Void marriages
12.
Non-registrable marriages
13.
Consent required
14.
Marriage of a woman
15.
Betrothal
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Laws of Malaysia
Preliminaries to a Marriage
Section
16.
Application for permission to marry
17.
Issue of permission to marry
18.
Reference to an action by Syariah Judge
19.
Permission necessary before solemnization
20.
Place of marriage
21.
Mas kahwin and pemberian
22.
Entry in Marriage Register
23.
Polygamy
24.
Solemnization of marriages in Malaysian Embassies, etc., abroad
PART III
REGISTRATION OF MARRIAGES
25.
Registration
26.
Marriage certificate and ta'liq certificate
27.
Reporting of void or illegal marriages
28.
Appointment of Chief Registrar, Registrars, Deputy Registrars and
Assistant Registrars of Muslim Marriages, Divorces, and Ruju'
29.
Books and Registers to be kept of all marriages
30.
Copies of entries to be sent to Chief Registrar
31.
Registration of foreign marriage of a person resident in the Federal
Territory
32.
Unlawful registers
33.
Voluntary registration of Muslim marriages previously solemnized under
any law
34.
Legal effect of registration
PART IV
PENALTIES AND MISCELLANEOUS PROVISIONS
RELATING TO THE SOLEMNIZATION AND
REGISTRATION OF MARRIAGES
35.
Omission to appear before Registrar within prescribed time
36.
Contravention of section 32
37.
Interference with marriage
38.
False declaration or statement for procuring marriage
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Islamic Family Law (Federal Territories)
Section
39.
Unauthorized solemnization of marriage
40.
Offences relating to solemnization of marriage
41.
Sanction for prosecution
42.
Correction of errors
43.
Inspection of Marriage Register and index
44.
Proof
PART V
DISSOLUTION OF MARRIAGE
45.
Extent of power to make any order
46.
Change of religion
47.
Divorce by talaq or by order
48.
Arbitration by Hakam
49.
Khul' divorce or cerai tebus talaq
50.
Divorce under ta'liq or stipulation
50A. Divorce by li'an
51.
Resumption of conjugal relationship or ruju'
52.
Order for dissolution of marriage or fasakh
53.
Presumption of death
54.
Maintenance of Register of Divorces and Annulments
55.
Registration of divorces
55A. Registration of divorces outside the Court
56.
Mut'ah or consolatory gift to woman divorced without just cause
57.
Right to mas kahwin, etc., not to be affected
58.
Power of court to order division of harta sepencarian
PART VI
MAINTENANCE OF WIFE, CHILDREN AND OTHERS
59.
Power of Court to order maintenance of wife, and the effect of nusyuz
60.
Power of Court to order maintenance of certain persons
61.
Assessment of maintenance
62.
Power of Court to order security for maintenance
63.
Compounding of maintenance
64.
Duration of orders for maintenance
65.
Right to maintenance or pemberian after divorce
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Section
66.
Power of Court to vary orders for maintenance
67.
Power of Court to vary agreements for maintenance
68.
Maintenance payable under order of Court to be inalienable
69.
Recovery of arrears of maintenance
70.
Interim maintenance
71.
Right to accommodation
72.
Duty to maintain children
73.
Power of Court to order maintenance for children
74.
Power of Court to order security for maintenance of a child
75.
Power of Court to vary order for custody or maintenance of a child
76.
Power of Court to vary agreement for custody or maintenance of a child
77.
Recovery of arrears of maintenance of a child
78.
Duty to maintain child accepted as member of family
79.
Duration of order for maintenance of a child
80.
Duty to maintain illegitimate children
PART VII
GUARDIANSHIP
Hadhanah or Custody of Children
81.
Persons entitled to custody of a child
82.
Qualifications necessary for custody
83.
How right of custody is lost
84.
Duration of custody
85.
Custody of illegitimate children
86.
Power of the Court to make order for custody
87.
Orders subject to conditions
Guardianship of Person and Property
88.
Persons entitled to guardianship
89.
Power over immovable and movable property
90.
Appointment of guardians by the Court
91.
Appointment of mother as testamentary guardian
92.
Joint guardian with mother
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Islamic Family Law (Federal Territories)
Section
93.
Variation of power of guardian of property
94.
Removal of guardian
95.
Security to be given
96.
Limitation of powers of guardian appointed by Court
97.
Guardian may not give discharge for capital property
98.
Guardian may support minor out of income
99.
Special order in case of small estate
100.
Application for opinion, etc.
101.
Prohibition order by Court
102.
Guardian of orphan
103.
(Deleted)
104.
Court to have regard to advice of welfare officers, etc.
105.
Power of Court to restrain taking of child out of Malaysia
Other Reliefs
106.
Power of Court to set aside and prevent dispositions intended to defeat
claims to maintenance
107.
Injunction against molestation
PART VIII
MISCELLANEOUS
108.
Recognition of Muslim marriages contracted outside the Federal Territory
109.
Recognition of marriages contracted in Embassies, etc., in the Federal
Territory
Legitimacy
110.
Ascription of paternity
111.
Birth more than four years after dissolution of marriage
112.
Birth after declaration of completion of `iddah
113.
Syubhah intercourse
114.
Conditions for valid acknowledgment
115.
Presumption from acknowledgment rebuttable
116.
Acknowledgment by a woman in `iddah
117.
Acknowledging another as mother or father
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Section
118.
Acknowledgment other than as a child, mother, or father
119.
Acknowledgment irrevocable
Order to Resume Cohabitation
120.
Application by deserted wife
Appeals
121.
Appeal
122.
(Deleted)
PART IX
PENALTIES
123.
Polygamy without Court's permission
124.
Divorce outside Court and without Court's permission
125.
Failure to report
126.
Desertion of wife
127.
Ill-treatment of wife
128.
Failure to give proper justice to wife
129.
Disobedience of wife
130.
Apostacy to annul marriage
131.
Illicit intercourse between divorced persons
132.
Wilful neglect to comply with order
133.
Attempts and abetment
PART X
GENERAL
134.
Power to make rules
135.
Cessation of application of Selangor Enactment 3 of 1952
SCHEDULE
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Islamic Family Law (Federal Territories)
LAWS OF MALAYSIA
Act 303
ISLAMIC FAMILY LAW (FEDERAL TERRITORIES)
ACT 1984
An Act to enact certain provisions of the Islamic Family Law in
respect of marriage, divorce, maintenance, guardianship, and other
matters connected with family life.
[29 April 1987, P.U. (B) 236/1987]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
Short title, application and commencement
1. (1) This Act may be cited as the Islamic Family Law (Federal
Territories) Act 1984 and applies only to the Federal Territories
of Kuala Lumpur and *Labuan.
(2) This Act shall come into operation on a date to be appointed
by the Yang di-Pertuan Agong by notification in the Gazette.
Interpretation
2. (1) In this Act, unless the context otherwise requires--
"Administration Act" means the Administration of Islamic Law
(Federal Territories) Act 1993 [Act 505];
*NOTE--This Act is extended to the Federal Territory of Putrajaya vide the Federal Territory of
Putrajaya (Extension and Modification of Islamic Family Law (Federal Territory) Act 1984 Order
2002--see P.U. (A) 247/2002
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*"Administration Enactment" means the Administration of Muslim
Law Enactment 1952 of the State of Selangor [En. Selangor 3 of
1952]--
(a) in relation to the Federal Territory of Kuala Lumpur, as
modified by the Federal Territory (Modification of
Administration of Muslim Law Enactment) Orders 1974
[P.U. (A) 44/1974], 1981 [P.U. (A) 390/1981] and 1988
[P.U. (A) 163/1988, P.U. (A) 263/1988] made pursuant
to subsection 6(4) of the Constitution (Amendment) (No.
2) Act 1973 [Act A206] and in force in the Federal Territory
of Kuala Lumpur by virtue of subsection 6(1) of that Act;
(b) in relation to the Federal Territory of Labuan, as modified
a n d extended by the Federal Territory of Labuan
(Modification and Extension of Administration of Muslim
Law Enactment) Order 1985 [P.U. (A) 352/1985] made
pursuant to section 7 of the Constitution (Amendment)
(No. 2) Act 1984 [Act A585];
"anak dara" means a woman who has not had sexual intercourse,
whether she has been married or not;
" a p p o i n t e d date" means the date appointed under
subsection 1(2) for the coming into operation of this Act;
"baligh" means the age of puberty in accordance with Hukum
Syarak;
"Chief Registrar" means a Chief Registrar of Muslim Marriages,
Divorces, and Ruju' appointed under section 28;
"Chief Syariah Prosecutor" means the officer appointed under
subsection 58(1) of the Administration Act;
"Court" or "Syariah Court" means the Syariah Subordinate Court
or the Syariah High Court constituted under section 40 of the
Administration Act;
"darar syarie" means harm, according to what is normally
recognized by Islamic Law, affecting a wife in respect of religion,
life, body, mind, moral or property;
*NOTE--In relation to the Federal Territory of Putrajaya, as modified and extended by the Federal
Territory of Putrajaya (Extension and Modification of the Islamic Family Law (Federal Territory)
[Act 1984] Order 2002 made pursuant to section 7 of the Constitution (Amendment) Act 2001--
see P.U. (A) 247/2002.
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Islamic Family Law (Federal Territories)
"fasakh" means the annulment of a marriage by reason of
any circumstance permitted by Islamic Law in accordance with
section 52;
*"Federal Territory" means the Federal Territory of Kuala Lumpur
or Labuan, as the case may require;
**Federal Territories" means the Federal Territories of Kuala
Lumpur and Labuan;
"fosterage" means the suckling of a baby up to sufficiency by
a woman who is not its natural mother for at least five times during
the first two years of its life;
"harta sepencarian" means property jointly acquired by husband
and wife during the subsistence of marriage in accordance with the
conditions stipulated by Hukum Syarak;
"Hukum Syarak" means Islamic Law according to any recognized
Mazhab;
"illegitimate" in relation to a child means born out of wedlock
but not as a result of syubhah intercourse;
"janda" means a woman who has been married and divorced
after consummation;
"kariah masjid" in relation to a mosque, means the area, the
boundaries of which are determined under section 75 of the
Administration Act;
"Kitabiyah" means--
(a) a woman whose ancestors were from the Bani Ya'qub;
or
(b) a Christian woman whose ancestors were Christians before
the prophethood of the Prophet Muhammad; or
(c) a Jewess whose ancestors were Jews before the prophethood
of the Prophet Isa;
*NOTE--In its application to the Federal Territory of Putrajaya, substitute for the words
"Kuala Lumpur or Labuan" the words "Kuala Lumpur, Labuan or Putrajaya"see paragraph 4(b)
P.U. (A) 247/2002.
**NOTE--In its application to the Federal Territory of Putrajaya, substitute for the words
"Kuala Lumpur and Labuan" the words "Kuala Lumpur, Labuan or Putrajaya"see paragraph 4(c)
P.U. (A) 247/2002.
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"Majlis" means the Majlis Agama Islam Wilayah Persekutuan
constituted under section 4 of the Administration Act;
"mas kahwin" means the obligatory marriage payment due under
Hukum Syarak by the husband to the wife at the time the marriage
is solemnized, whether in the form of money actually paid or
acknowledged as a debt with or without security, or in the form
of something that, according to Hukum Syarak, is capable of being
valued in terms of money;
"mut'ah' means a consolatory gift that is reasonable according
to Hukum Syarak, given to a divorced wife;
"nasab" means descent based on lawful blood relationship;
"Peguam Syarie" means a person admitted under section 59 of
the Administration Act to be Peguam Syarie;
"pemberian" means a gift whether in the form of money or
things given by a husband to a wife at the time of the marriage;
"Registrar" means a Senior Registrar of Muslim Marriages,
Divorces, and Ruju' appointed under section 28, and includes a
Registrar and an Assistant Registrar;
"resident" means permanently or ordinarily living in a particular
area;
"ruju'" means a return to the original married state;
"Syariah Appeal Court" means the Syariah Appeal Court
constituted under subsection 40(3) of the Administration Act;
"Syariah Judge" or "Judge" means Judges of the Syariah High
Court appointed under subsection 43(1) of the Administration Act;
"syubhah intercourse" means intercourse performed on erroneous
impression that the marriage was valid or intercourse by mistake
and includes any intercourse not punishable by Had in Islam;
"ta'liq" means a promise expressed by the husband after
solemnization of marriage in accordance with Hukum Syarak and
the provisions of this Act;
"thayyib" means a woman who has had sexual intercourse;
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Islamic Family Law (Federal Territories)
"wali Mujbir" means the father or paternal grandfather and
above;
"wali Raja" means a wali authorized by the Yang di-Pertuan
Agong, in the case of the Federal Territories, Malacca, Penang,
Sabah and Sarawak, or by the Ruler, in the case of any other
States, to give away in marriage a woman who has no wali from
nasab;
"widow" means a woman whose husband has died;
"widower" means a man whose wife has died.
(2) All words and expressions used in this Act and not herein
defined but defined in the Interpretation Acts 1948 and 1967 [Act
388] shall have the meanings thereby assigned to them respectively
by the Act.
(3) For the avoidance of doubt as to the identity or interpretation
of the words and expressions used in this Act that are listed in the
Schedule, reference may be made to the Arabic script form for
those words and expressions shown against them therein.
(4) The Yang di-Pertuan Agong may from time to time amend,
delete from, or add, to the Schedule.
Saving of prerogative
3. Nothing contained in this Act shall derogate from or affect the
prerogative rights and powers of the Yang di-Pertuan Agong as the
Head of the religion of Islam in the Federal Territories, as declared
and set forth in the Federal Constitution.
Application
4. Save as is otherwise expressly provided, this Act shall apply
to all Muslims living in the Federal Territory and to all Muslims
resident in the Federal Territory who are living outside the Federal
Territory.
Criterion for deciding whether a person is a Muslim
5. If for the purposes of this Act any question arises as to whether
a person is a Muslim, that question shall be decided according to
the criterion of general reputation, without making any attempt to
question the faith, beliefs, conduct, behaviour, character, acts, or
omissions of that person.
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Subsisting valid marriages deemed to be registered under this
Act and dissoluble only under this Act
6. (1) Nothing in this Act shall affect the validity of any Muslim
marriage solemnized under any law wheresoever prior to the appointed
date.
(2) Such marriage, if valid under the law under which it was
solemnized, shall be deemed to be registered under this Act.
(3) Every such marriage, unless void under the law under which
it was solemnized, shall continue until dissolved--
(a) by the death of one of the parties;
(b) by such talaq as may be pronounced under this Act;
(c) by order of a Court of competent jurisdiction; or
(d) by a declaration of nullity made by a Court of competent
jurisdiction.
PART II
MARRIAGE
Persons by whom marriages may be solemnized
7. (1) A marriage in the Federal Territory shall be in accordance
with the provisions of this Act and shall be solemnized in accordance
with Hukum Syarak by--
(a) the wali in the presence of the Registrar;
(b) the representative of the wali in the presence and with
the permission of the Registrar; or
(c) the Registrar as the representative of the wali.
(2) Where a marriage involves a woman who has no wali from
nasab in accordance with Hukum Syarak, the marriage shall be
solemnized only by the wali Raja.
Minimum age for marriage
8. No marriage may be solemnized under this Act where either
the man is under the age of eighteen or the woman is under the
age of sixteen except where the Syariah Judge has granted his
permission in writing in certain circumstances.
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Islamic Family Law (Federal Territories)
Relationships prohibiting marriage
9. (1) No man or woman, as the case may be, shall, on the ground
of consanguinity, marry--
(a) his mother or father;
(b) his grandmother or upwards, whether on the side of his
father or his mother, and his or her ascendants, how-
high-soever;
(c) his daughter or her son and his granddaughter or her
grandson and his or her descendants, how-low-soever;
(d) his sister or her brother of the same parents, his sister or
her brother of the same father, and his sister or her brother
of the same mother;
(e) the daughter of his brother or sister, or the son of her
brother or sister and the descendants, how-low-soever, of
the brother or sister;
(f) his aunt or her uncle on his father's side and her or his
ascendants;
(g) his aunt or her uncle on his mother's side and her or his
ascendants.
(2) No man or woman, as the case may be, shall, on the ground
of affinity, marry--
(a) his mother-in-law or father-in-law and the ascendants of
his wife, how-high-soever;
(b) his stepmother or her stepfather, being his father's wife
or her mother's husband;
(c) his stepgrandmother, being the wife of his grandfather or
the husband of her grandmother, whether on the side of
the father or the mother;
(d) his daughter-in-law or her son-in-law;
(e) his stepdaughter or her stepson and her or his descendants,
how-low-soever from a wife or a husband with whom the
marriage has been consummated.
(3) No man or woman, as the case may be, shall, on the ground
of fosterage, marry any woman or any man connected with him
or her through some act of suckling where, if it had been instead
an act of procreation, the woman or man would have been within
the prohibited degrees of consanguinity or affinity.
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(4) No man shall have two wives at any one time who are so
related to each other by consanguinity, affinity, or fosterage that
if either of them had been a male a marriage between them would
have been illegal in Hukum Syarak.
Persons of other religions
10. (1) No man shall marry a non-Muslim except a Kitabiyah.
(2) No woman shall marry a non-Muslim.
Void marriages
11. A marriage shall be void unless all conditions necessary,
according to Hukum Syarak, for the validity thereof are satisfied.
Non-registrable marriages
12. (1) A marriage in contravention of this Act shall not be registrable
under this Act.
(2) Notwithstanding subsection (1) and without prejudice to
subsection 40(2), a marriage which has been solemnized contrary
to any provision of this Part but is otherwise valid according to
Hukum Syarak may be registered under this Act with an order
from the Court.
Consent required
13. A marriage shall not be recognized and shall not be regis-
tered under this Act unless both parties to the marriage have
consented thereto, and either--
(a) the wali of the woman has consented thereto in accor-
dance with Hukum Syarak; or
(b) the Syariah Judge having jurisdiction in the place where
the woman resides or any person generally or specially
authorized in that behalf by the Syariah Judge has, after
due inquiry in the presence of all parties concerned, granted
his consent thereto as wali Raja in accordance with Hukum
Syarak; such consent may be given wherever there is no
wali by nasab in accordance with Hukum Syarak available
to act or if the wali cannot be found or where the wali
refuses his consent without sufficient reason.
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Islamic Family Law (Federal Territories)
Marriage of a woman
14. (1) No woman shall, during the subsistence of her marriage
to a man, be married to any other man.
(2) Where the woman is a janda--
(a) subject to paragraph (c), she shall not, at any time prior
to the expiry of the period of `iddah, which shall be
calculated in accordance with Hukum Syarak, be married
to any person other than to the man from whom she was
last divorced;
(b) she shall not be married unless she has produced--
(i) a certificate of divorce lawfully issued under the
law for the time being in force; or
(ii) a certified copy of the entry relating to her divorce
in the appropriate register of divorce; or
(iii) a certificate, which may, upon her application, be
granted after due inquiry by the Syariah Judge having
jurisdiction in the place where the application is
made, to the effect that she is a janda;
(c) if the divorce was by ba-in kubra, that is to say, three
talaq, she shall not be remarried to her previous husband,
unless she has been lawfully married to some other person
and the marriage has been consummated and later lawfully
dissolved, and the period of `iddah has expired.
(3) If the woman alleges she was divorced before the marriage
had been consummated, she shall not, during the ordinary period
of `iddah for a divorce, be married to any person other than her
previous husband, except with the permission of the Syariah Judge
having jurisdiction in the place where she resides.
(4) Where the woman is a widow--
(a) she shall not be married to any person at any time prior
to the expiration of the period of `iddah, which shall be
calculated in accordance with Hukum Syarak;
(b) she shall not be married unless she has produced a certificate
of the death of her late husband or otherwise proved his
death.
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Betrothal
15. If any person has, either orally or in writing, and either
personally or through an intermediary, entered into a betrothal in
accordance with Hukum Syarak, and subsequently refuses without
lawful reason to marry the other party, the other party being willing
to marry, the party in default shall be liable to return the betrothal
gifts, if any, or the value thereof and to pay whatever moneys have
been expended in good faith by or for the other party in prepa-
ration for the marriage, and the same may be recovered by action
in the Court.
Preliminaries to a Marriage
Application for permission to marry
16. (1) Whenever it is desired to solemnize a marriage in the
Federal Territory, each of the parties to the intended marriage shall
apply in the prescribed form for permission to marry to the Registrar
for the kariah masjid in which the woman is resident.
(2) If the man is resident in a kariah masjid different from that
of the woman, or is resident in any State, his application shall bear
or be accompanied by a statement of the Registrar of his kariah
masjid or by the proper authority of the State, as the case may be,
to the effect that as far as he has been able to ascertain the matters
stated in the application are true.
(3) The application of each party must be delivered to the Registrar
at least seven days before the proposed date of marriage, but the
Registrar may allow a shorter period in any particular case.
(4) The applications of the parties shall be treated as a joint
application.
Issue of permission to marry
17. Subject to section 18, the Registrar, on being satisfied of the
truth of the matters stated in the application, of the legality of the
intended marriage, and, where the man is already married, that the
permission required by section 23 has been granted, shall, at any
time after the application and upon payment of the prescribed fee,
issue to the applicants his permission to marry in the prescribed
form.
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Islamic Family Law (Federal Territories)
Reference to and action by Syariah Judge
18. (1) In any of the following cases, that is to say--
(a) where either of the parties to the intended marriage is
below the age specified in section 8; or
(b) where the woman is a janda to whom subsection 14(3)
applies; or
(c) where the woman has no wali from nasab, according to
Hukum Syarak,
the Registrar shall, instead of acting under section 17, refer the
application to the Syariah Judge having jurisdiction in the place
where the woman resides.
(2) The Syariah Judge on being satisfied of the truth of the
matters stated in the application and the legality of the intended
marriage and that the case is one that merits the giving of permission
for the purposes of section 8, or permission for the purposes of
subsection 14(3), or his consent to the marriage being solemnized
by wali Raja for the purposes of paragraph 13(b), as the case may
be, shall, at any time after reference of the application to him and
upon payment of the prescribed fee, issue to the applicants his
permission to marry in the prescribed form.
Permission necessary before solemnization
19. No marriage shall be solemnized unless a permission to marry
has been given--
(a) by the Registrar under section 17 or by the Syariah Judge
under section 18, where the marriage involves a woman
resident in the Federal Territory; or
(b) by the proper authority of a State, where the marriage
involves a woman resident in that State.
Place of marriage
20. (1) No marriage shall be solemnized except in the kariah
masjid in which the woman resides, but the Registrar or Syariah
Judge giving permission to marry under section 17 or 18 may give
permission for the marriage to be solemnized elsewhere, whether
in the Federal Territory or in any State.
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(2) A permission under subsection (1) may be expressed in the
permission to marry given under section 17 or 18.
(3) Notwithstanding subsection (1), a marriage may be solem-
nized in a kariah masjid other than that where the woman resides
if--
(a) in a case where the woman resides in the Federal Ter-
ritory, a permission for the marriage to be solemnized in
that kariah masjid has been given under section 17 or 18
and the permission for the solemnization of the marriage
in other kariah masjid has been given under subsection
(1); or
(b) in a case where the woman resides in a State, a permis-
sion to marry and a permission for the marriage to be
solemnized in other kariah masjid have been given by
the proper authority of that State.
Mas kahwin and pemberian
21. (1) The mas kahwin shall ordinarily be paid by the man or his
representative to the woman or her representative in the presence
of the person solemnizing the marriage and at least two other
witnesses.
(2) The Registrar shall, in respect of every marriage to be registered
by him, ascertain and record--
(a) the value and other particulars of the mas kahwin;
(b) the value and other particulars of any pemberian;
(c) the value and other particulars of any part of the mas
kahwin or pemberian or both that was promised but not
paid at the time of the solemnization of the marriage, and
the promised date of payment; and
(d) particulars of any security given for the payment of any
mas kahwin or pemberian.
Entry in Marriage Register
22. (1) Immediately after the solemnization of a marriage, the
Registrar shall enter the prescribed particulars and the prescribed
or other ta'liq of the marriage in the Marriage Register.
(2) The entry shall be attested to by the parties to the marriage,
by the wali, and by two witnesses other than the Registrar, present
at the time the marriage is solemnized.
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(3) The entry shall then be signed by the Registrar.
Polygamy
23. (1) No man, during the subsistence of a marriage, shall, except
with the prior permission in writing of the Court, contract another
marriage with another woman nor shall such marriage contracted
without such permission be registered under this Act:
Provided that the Court may if it is shown that such marriage
is valid according to Hukum Syarak order it to be registered subject
to section 123.
(2) Subsection (1) applies to the marriage in the Federal Ter-
ritory of a man who is resident within or outside the Federal
Territory and to the marriage outside the Federal Territory of a
man resident in the Federal Territory.
(3) An application for permission shall be submitted to the
Court in the prescribed manner and shall be accompanied by a
declaration stating the grounds on which the proposed marriage is
alleged to be just and necessary, the present income of the appli-
cant, particulars of his commitments and his ascertainable finan-
cial obligations and liabilities, the number of his dependants, including
persons who would be his dependants as a result of the proposed
marriage, and whether the consent or views of the existing wife
or wives on the proposed marriage have been obtained.
(4) On receipt of the application, the Court shall summon the
applicant and his existing wife or wives to be present at the hear-
ing of the application, which shall be in camera, and the Court
may grant the permission applied for if satisfied--
(a) that the proposed marriage is just and necessary, having
regard to such circumstances as, among others, the fol-
lowing, that is to say, sterility, physical infirmity, physi-
cal unfitness for conjugal relations, wilful avoidance of
an order for restitution of conjugal rights, or insanity on
the part of the existing wife or wives;
(b) that the applicant has such means as to enable him to
support as required by Hukum Syarak all his wives and
dependants, including persons who would be his dependants
as a result of the proposed marriage;
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(c) that the applicant would be able to accord equal treat-
ment to all his wives as required by Hukum Syarak; and
(d) that the proposed marriage would not cause darar syarie
to the existing wife or wives.
(e) (Deleted by Act A902).
(5) A copy of the application under subsection (3) and of the
statutory declaration required by that subsection shall be served
together with the summons on each existing wife.
(6) Any party aggrieved by or dissatisfied with any decision of
the Court may appeal against the decision in the manner provided
in the Administration Enactment for appeals in civil matters.
(7) Any person who contracts a marriage in contravention of
subsection (1) shall pay immediately the entire amount of the mas
kahwin and the pemberian due to the existing wife or wives, which
amount, if not so paid, shall be recoverable as a debt.
(8) The procedure for solemnization and registration of a marriage
under this section shall be similar in all respects to that applicable
to other marriages solemnized and registered in the Federal Territory
under this Act.
Solemnization of marriages in Malaysian Embassies, etc., abroad
24. (1) Subject to subsection (2), a marriage may be solemnized
in accordance with Hukum Syarak by the Registrar appointed
under subsection 28(3) at the Malaysian Embassy, High Commission,
or Consulate in any country that has not notified the Government
of Malaysia of its objection to solemnization of marriages at such
Embassy, High Commission, or Consulate.
(2) Before solemnizing a marriage under this section, the Reg-
istrar shall be satisfied--
(a) that one or both of the parties to the marriage are resi-
dents of the Federal Territory;
(b) that each party has the capacity to marry according to
Hukum Syarak and this Act; and
(c) that, where either party is not a resident of the Federal
Territory, the proposed marriage, if solemnized, will be
regarded as valid in the place where that party is resident.
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Islamic Family Law (Federal Territories)
(3) The procedure for solemnization and registration of a mar-
riage under this section shall be similar in all respects to that
applicable to other marriages solemnized and registered in the
Federal Territory under this Act as if the Registrar appointed for
a foreign country were a Registrar for the Federal Territory.
PART III
REGISTRATION OF MARRIAGES
Registration
25. The marriage after the appointed date of every person resi-
dent in the Federal Territory and of every person living abroad
who is resident in the Federal Territory shall be registered in
accordance with this Act.
Marriage certificate and ta'liq certificate
26. (1) Upon registering any marriage and upon payment to him
of the prescribed fees, the Registrar shall issue marriage certifi-
cates in the prescribed form to both parties to the marriage.
(2) The Registrar shall also, upon payment of the prescribed
fees, issue a ta'liq certificate in the prescribed form to each of the
parties to the marriage.
Reporting of void or illegal marriages
27. It shall be the duty of every person to report to the Registrar
the circumstances of any case in which it appears to him that any
alleged marriage was void or that any registrable marriage was
solemnized in contravention of this Act.
Appointment of Chief Registrar, Registrars, Deputy Registrars
and Assistant Registrars of Muslim Marriages, Divorces, and
Ruju'
28. (1) The Yang di-Pertuan Agong may appoint any qualified
public officer to be the Chief Registrar of Muslim Marriages,
Divorces, and Ruju' for the purposes of this Act, who shall have
general supervision and control over Registrars and the registration
of marriages, divorces, and ruju' under this Act.
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(2) The Yang di-Pertuan Agong may appoint so many qualified
persons as may be necessary, to be Senior Registrars, Registrars,
or Assistant Registrars of Muslim Marriages, Divorces, and Ruju'
for such kariah masjid in the Federal Territories as may be specified
in the appointments.
(3) The Yang di-Pertuan Agong may, by notification in the
Gazette, appoint any member of the diplomatic staff of Malaysia
in any country to be the Registrar of Muslim Marriages, Divorces,
and Ruju' for the purposes of this Act in that country.
(4) Every person appointed under subsection (2) who is not a
public officer shall be deemed to be a public officer for the pur-
poses of the Penal Code [Act 574].
Books and Registers to be kept of all marriages
29. Every Registrar shall keep a Marriage Register and such
books as are prescribed by this Act or rules made under this Act,
and every marriage solemnized in the Federal Territory shall be
duly registered by the Registrar in his Marriage Register.
Copies of entries to be sent to Chief Registrar
30. (1) Every Registrar shall, as soon as practicable after the end
of each month, deliver to the Chief Registrar a true copy certified
under his hand of every entry made in the Marriage Register.
(2) All such copies shall be kept by the Chief Registrar in such
manner as may be prescribed and shall constitute the Marriage
Register of the Chief Registrar.
Registration of foreign marriage of a person resident in the
Federal Territory
31. (1) Where any person who is a resident of the Federal Ter-
ritory has contracted a valid marriage according to Hukum Syarak
abroad, not being a marriage registered under section 24, the person
shall, within six months after the date of the marriage, appear
before the nearest or most conveniently available Registrar of
Muslim Marriages, Divorces, and Ruju' abroad in order to register
the marriage, and the marriage, upon being registered, shall be
deemed to be registered under this Act.
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Islamic Family Law (Federal Territories)
(2) Where, before the expiry of the period of six months, the
return of either or both parties to the Federal Territory is contem-
plated and the marriage has not been registered abroad, registra-
tion of the marriage shall be effected within six months of the first
arrival of either or both of the parties in the Federal Territory by
the party or both parties appearing before any Registrar in the
Federal Territory and--
(a) producing to the Registrar the certificate of marriage or
such evidence, either oral or documentary, as may satisfy
the Registrar that the marriage did take place;
(b) furnishing such particulars as may be required by the
Registrar for the due registration of the marriage; and
(c) applying in the prescribed form for the registration of the
marriage and subscribing the declaration therein.
(3) The Registrar may dispense with the appearance of one of
the parties if he is satisfied that there exists good and sufficient
reason for the absence of the party and in that case the entry in
the Marriage Register shall include a statement of the reason for
the absence.
(4) Upon the registration of a marriage under this section, a
certified copy of the entry in the Marriage Register signed by the
Registrar shall be delivered or sent to the husband and another
copy to the wife, and another certified copy shall be sent, within
such period as may be prescribed, to the Chief Registrar who shall
cause all such certified copies to be bound together to constitute
the Foreign Muslim Marriages Register.
(5) Where the parties to a marriage required to be registered
under this section have not appeared before a Registrar within the
period specified in subsection (1), the marriage may, upon appli-
cation to the Registrar, be registered later on payment of such
penalty as may be prescribed.
Unlawful registers
32. No person other than a Registrar appointed under this Act
shall--
(a) keep any book that is or purports to be a register kept
in accordance with this Act; or
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(b) issue to any person any document that is or purports to
be a copy of a certificate of a marriage or a certificate
of marriage registered by the Registrar.
Voluntary registration of Muslim marriages previously solem-
nized under any law
33. (1) Notwithstanding sections 6 and 31, the parties to any
marriage according to Hukum Syarak solemnized under any law
prior to or after the appointed date may, if the marriage has not
been registered, apply at any time to a Registrar in the prescribed
form for registration of the marriage.
(2) The Registrar may require the parties to the marriage to
appear before him and to produce such evidence of the marriage,
either oral or documentary, and to furnish such other particulars
as may be required by him.
(3) The Registrar may, on being satisfied of the truth of the
statements contained in the application, register the marriage by
entering the particulars thereof in the Marriage Register prescribed
for this purpose.
(4) The entry of the marriage in the Marriage Register shall be
signed by the Registrar making the entry and by both parties to
the marriage, if available, or, otherwise, by whichever party who
appears before the Registrar.
(5) Upon the registration of the marriage, a certified copy of the
entry in the Marriage Register signed by the Registrar and sealed
with his seal of office shall be delivered or sent to the husband
and another copy to the wife and a third shall be sent to the Chief
Registrar.
(6) The Registrar shall not register a marriage under this sec-
tion if he is satisfied that the marriage is void under this Act.
Legal effect of registration
34. Nothing in this Act or rules made under this Act shall be
construed to render valid or invalid any marriage that otherwise
is invalid or valid, merely by reason of its having been or not
having been registered.
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Islamic Family Law (Federal Territories)
PART IV
PENALTIES AND MISCELLANEOUS PROVISIONS
RELATING TO THE SOLEMNIZATION AND
REGISTRATION OF MARRIAGES
Omission to appear before Registrar within prescribed time
35. Any person who, being required by section 31 to appear
before a Registrar, fails to do so within the prescribed time commits
an offence and shall be punished with a fine not exceeding one
thousand ringgit or with imprisonment not exceeding six months
or both.
Contravention of section 32
36. Any person who contravenes section 32 commits an offence
and shall be punished with a fine not exceeding five hundred
ringgit or with imprisonment not exceeding three months or with
both such fine and imprisonment; and for a second or subsequent
offence shall be punished with a fine not exceeding one thousand
ringgit or with imprisonment not exceeding six months or both.
Interference with marriage
37. Unless permitted under Hukum Syarak, any person who uses
any force or threat--
(a) to compel a person to marry against his will; or
(b) to prevent a man who has attained the age of eighteen
years or a woman who has attained the age of sixteen
years from contracting a valid marriage,
commits an offence and shall be punished with a fine not exceeding
one thousand ringgit or with imprisonment not exceeding six months
or both.
False declaration or statement for procuring marriage
38. Any person who for the purpose of procuring any marriage
under this Act intentionally makes any false declaration or state-
ment commits an offence and shall be punished with a fine not
exceeding one thousand ringgit or with imprisonment not exceed-
ing six months or both.
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Unauthorized solemnization of marriage
39. Any person who, not being authorized thereto under this Act,
solemnizes or purports to solemnize any marriage, commits an
offence and shall be punished with a fine not exceeding one thou-
sand ringgit or with imprisonment not exceeding six months or
both.
Offences relating to solemnization of marriage
40. (1) Any person who knowingly solemnizes or purports to
solemnize, or officiates at, a marriage--
(a) without there being a permission to marry as required by
section 19; or
(b) otherwise than in the presence of at least two credible
witnesses other than the person solemnizing the mar-
riage,
commits an offence and shall be punished with a fine not exceed-
ing one thousand ringgit or with imprisonment not exceeding six
months or both.
(2) Any person who marries, or purports to marry, or goes
