ISLAMIC FAMILY LAW (FEDERAL TERRITORY) ACT 1984

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 303 ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 As at 1 January 2014 2 ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 Date of Royal Assent … … … … 27 June 1984 Date of publication in the Gazette … … … 28 June 1984 Latest amendment made by Act A1261 which came into operation on … … … … 1 November 2010 … PREVIOUS REPRINT First Reprint … … … … 2001 Second Reprint … … … … 2005 Third Reprint … … … … 2006 3 LAWS OF MALAYSIA Act 303 ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 ARRANGEMENT OF SECTIONS 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 4 Laws of Malaysia ACT 303 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, Senior Registrars, 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 Islamic Family Law (Federal Territories) Section 37. Interference with marriage 38. False iqrar or statement for procuring marriage 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. (Deleted) 5 6 Laws of Malaysia ACT 303 PART VI MAINTENANCE OF WIFE, CHILDREN AND OTHERS Section 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 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 Islamic Family Law (Federal Territories) Section 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 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 7 8 Laws of Malaysia ACT 303 Other Reliefs Section 106. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance 107. Restraining order 107A. Prohibiting order against the disposal of harta sepencarian 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 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 Islamic Family Law (Federal Territories) Division of Harta Sepencarian Section 122. Power of Court to order division of harta sepencarian 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 or husband 128. Failure to give proper justice to wife 129. Disobedience of wife 130. Attempt to be murtad 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 134A. Hukum Syarak 135. Cessation of application of Selangor Enactment 3 of 1952 SCHEDULE 9 11 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. * 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. 12 Laws of Malaysia ACT 303 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]; “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 and 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; “appointed 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; * 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. Islamic Family Law (Federal Territories) 13 “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, dignity or property; “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 Labuan or Putrajaya, as the case may require; “Federal Territories” means the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; “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 Hukum Syarak according to the Mazhab Shafie, or according to one of the Mazhab Maliki, Hanafi or Hanbali; “iqrar” means an admission made by a person, in writing or orally or by gesture, stating that he is under an obligation or liability to another person in respect of some right; 14 Laws of Malaysia ACT 303 “illegitimate” in relation to a child means born out of wedlock but not as a result of syubhah intercour