(MY) ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 ACT 303 - Attachment1

ISLAMIC FAMILY LAW (FEDERAL
TERRITORIES) ACT 1984

ACT 303
Date of Royal Assent … … … … … 27 June 1984
Date of publication in the Gazette … … … 28 June 1984
Date of coming into operation … 29 April 1987
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
SECTION
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
Part II MARRIAGE
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Chapter Preliminaries to a Marriage
SECTION
16. Application for permission to marry
SECTION
17. Issue of permission to marry
18. Reference to and 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
SECTION
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
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Part IV PENALTIES AND MISCELLANEOUS PROVISIONS
RELATING TO THE SOLEMNIZATION AND REGISTRATION
OF MARRIAGES
SECTION
35. Omission to appear before Registrar within prescribed time
36. Contravention of section 32
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
SECTION
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
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56. Mut…ah or consolatory gift to woman divorced without just cause
57. Right to mas kahwin, etc., not to be affected
58. (Deleted by Act A1261)
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
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Part VII GUARDIANSHIP
Chapter Hadhanah or Custody of Children
SECTION
81. Persons entitled to custody of a child
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
Chapter Guardianship of Person and Property
SECTION
88. Persons entitled to guardianship
SECTION
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
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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. Omitted or Deleted Section
104. Court to have regard to advice of welfare officers, etc.
105. Power of Court to restrain taking of child out of Malaysia
Chapter Other Reliefs
SECTION
106. Power of Court to set aside and prevent dispositions intended to
defeat claims to maintenance
SECTION
107. Restraining order
107A. Power of Court to set aside and prevent dispositions intended to
defeat claims to maintenance
Part VIII MISCELLANEOUS
SECTION
108. Recognition of Muslim marriages contracted outside the Federal
Territory
109. Recognition of marriages contracted in Embassies, etc., in the
Federal Territory
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Chapter Legitimacy
SECTION
110. Ascription of paternity
SECTION
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
Chapter Order to Resume Cohabitation
SECTION
120. Application by deserted wife
Chapter Appeals
SECTION
121. Appeal
SECTION
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122. Power of Court to order division of harta sepencarian.
Part IX PENALTIES
SECTION
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. 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
SECTION
134. Power to make rules
134A. Hukum Syarak
Schedule
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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:
1. Short title, application and commencement
(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, Putrajaya 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.
2. Interpretation
(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 section7 of the Constitution (Amendment) (No.
2) Act 1984 [Act A585]; and
(c) 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
* NOTE—This Act is extended to the Federal Territory of Putrajaya vide

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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(Federal Territory) Act 1984) Order 2002 [P.U.(A)
247/2002] made pursuant to section 7 of the Constitution
(Amendment) Act 2001 [Act A1095];
“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;
“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 section52;
“Federal Territory” means the Federal Territory of Kuala Lumpur, Putrajaya
or Labuan, as the case may require;
“Federal Territories” means the Federal Territories of Kuala Lumpur,
Putrajaya 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 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;
“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 section75 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;
“Majlis” means the Majlis Agama Islam Wilayah Persekutuan constituted
under section 4 of the Administration Act;
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“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;
“State” includes the Federal Territories of Kuala Lumpur, Labuan and
Putrajaya;
“Syariah Appeal Court” means the Syariah Appeal Court constituted under
subsection 40(3) of the Administration Act;
″Syariah Appeal Court Judge″ means a Syariah Appeal Court Judge
appointed under subsection 42(1) of the Administration Act;
“Syariah Judge” or “Judge” means a Judge of the Syariah Subordinate Court
or the Syariah High Court, as the case may be, appointed under subsection
44(1) or 43(1) of the Administration Act respectively;
“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;
“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 to the extent that such meanings do
not conflict with Hukum Syarak.
(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,
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delete from, or add, to the Schedule.
3. Saving of prerogative
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.
4. Application
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.
5. Criterion for deciding whether a person is a Muslim
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.
6. Subsisting valid marriages deemed to be registered under this
Act and dissoluble only under this Act
(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.
7. Persons by whom marriages may be solemnized
(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;
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(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.
8. Minimum age for marriage
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.
9. Relationships prohibiting marriage
(1) No man or woman, as the case may be, shall, on the ground of
consanguinity, marry—
(a) his mother or father;
(b) hhis grandmother or grandfather 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; and
(g) his aunt or her uncle on his mother’s side and her or his
ascendants.
affinity, marry—
(a) his mother-in-law or father-in-law and the ascendants of his

wife, how-high-soever;
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(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

her stepgrandfather,being 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; and
(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.
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.
(4) No man shall have more than one wife 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.
10. Persons of other religions
(1) No man shall marry a non-Muslim except a Kitabiyah.
(2) No woman shall marry a non-Muslim.
11. Void marriages
A marriage shall be void unless all conditions necessary, according to
Hukum Syarak, for the validity thereof are satisfied.
12. Non-registrable marriages
(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.
13. Consent required
A marriage shall not be recognized and shall not be registered under this
Act unless both parties to the marriage have consented thereto, and
either—
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(a) the wali of the woman has consented thereto in accordance
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 to solemnize the marriage 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.
14. Marriage of a woman
(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 and;
(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
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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.
15. Betrothal
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 preparation for the marriage, and the same
may be recovered by action in the Court.
16. Application for permission to marry
(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.
17. Issue of permission to marry
Subject to section18, 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
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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.
18. Reference to and action by Syariah Judge
(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.
19. Permission necessary before solemnization
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.
20. Place of marriage
(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
solemnized in a kariah masjid other than that where the
woman resides if—
(a) in a case where the woman resides in the Federal Territory,

a permission for the marriage to be solemnized in that
kariah masjid has been given under section17 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 permission

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.
21. Mas kahwin and pemberian
(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.
22. Entry in Marriage Register
(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.
(3) The entry shall then be signed by the Registrar.
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23. Polygamy
(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.
(1A) A marriage contracted without the permission of the Court
under subsection (1) shall not be registered under this Act
unless the Court is satisfied that the marriage is valid
according to Hukum Syarak and the Court has ordered the
marriage to be registered subject to section 123.
(2) Subsection (1) applies to the marriage in the Federal Territory
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 an
iqrar stating the grounds on which the proposed marriage is
alleged to be just or necessary, the present income of the
applicant, particulars of his commitments and his
ascertainable financial 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, the woman to be
wedded, the wali of the woman to be wedded and any other
person who, in the opinion of the Court, may provide
information relating to the proposed marriage to be present at
the hearing 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 or necessary, having

regard to such circumstances as, among others, the
following, that is to say, sterility, physical infirmity,
physical 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;
(c) that the applicant would be able to accord equal treatment

to all his wives as required by Hukum Syarak; and
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(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 iqrar
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 Syariah Civil Procedure (Federal Territories)
Act 1998 [Act 585];
(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.
(9) Every Court that grants the permission or orders a marriage to
be registered under this section shall have the power on the
application by any party to the marriage—
(a) to require a person to pay maintenance to his existing wife

or wives; or
(b) to order the division between the parties of the marriage of

any assets acquired by them during the marriage by their
joint efforts or the sale of any such assets and the division
of the proceeds of the sale.
24. Solemnization of marriages in Malaysian Embassies, etc.,
abroad
(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
Registrar shall be satisfied—
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(a) that one or both of the parties to the marriage are residents
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.
(3) 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 as if the Registrar
appointed for a foreign country were a Registrar for the
Federal Territory.
25. Registration
The marriage after the appointed date of every person resident 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.
26. Marriage certificate and ta’liq certificate
(1) Upon registering any marriage and upon payment to him of
the prescribed fees, the Registrar shall issue marriage
certificates 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.
27. Reporting of void or illegal marriages
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.
28. Appointment of Chief Registrar, Senior Registrars, Registrars
and Assistant Registrars of Muslim Marriages, Divorces, and Ruju’.
(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.
(2) The Yang di-Pertuan Agong may appoint so many qualified
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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
purposes of the Penal Code [Act 574 ].
29. Books and Registers to be kept of all marriages
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.
30. Copies of entries to be sent to Chief Registrar
(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.
31. Registration of foreign marriage of a person resident in the
Federal Territory
(1) Where any person who is a resident of the Federal Territory
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.
(2) Where, before the expiry of the period of six months, the
return of either or both parties to the Federal Territory is
contemplated and the marriage has not been registered abroad,
registration 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—
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(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 iqrar 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
application to the Registrar, be registered later on payment of
such penalty as may be prescribed.
32. Unlawful registers
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
(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.
33. Voluntary registration of Muslim marriages previously
solemnized under any law
(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
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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 section if
he is satisfied that the marriage is void under this Act.
34. Legal effect of registration
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.
35. Omission to appear before Registrar within prescribed time
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.
36. Contravention of section 32
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.
37. Interference with marriage
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
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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.
38. False iqrar or statement for procuring marriage
Any person who for the purpose of procuring any marriage under this
Act intentionally makes any false iqrar or statement commits an offence
and shall be punished with a fine not exceeding two thousand ringgit or
with imprisonment not exceeding twelve months or both.
39. Unauthorized solemnization of marriage
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 thousand ringgit or with
imprisonment not exceeding six months or both.
40. Offences relating to solemnization of marriage
(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 marriage,
commits an offence and shall be punished with a fine not
exceeding one thousand ringgit or with imprisonment not
(2) Any person who marries, or purports to marry, or goes
through a form of marriage with, any person contrary to any
of the provisions of Part II commits an offence and shall be
punished with a fine not exceeding one thousand ringgit or
41. Sanction for prosecution
No prosecution for an offence under sections 35 to 40 shall be instituted
except with the sanction in writing of the Chief Syariah Prosecutor.
42. Correction of errors
(1) If the Registrar is satisfied by statutory iqrar or otherwise that
any entry relating to a marriage is erroneous in form or
substance, he may, in the presence of the persons married, or,
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if they are absent, in the presence of two credible witnesses,
correct the error by ruling through the entry and making the
correct entry and he shall thereupon cause the entry in the
local Marriage Register to be corrected in the same manner.
(2) The Registrar shall sign and date the correction made in the
certificate of marriage and the local Marriage Register.
(3) Every entry made under subsection (1) shall be attested by the
witnesses in whose presence it was made.
(4) A certified copy of the correction shall be sent forthwith to the
Chief Registrar for a similar correction to be made in his
Marriage Register.
43. Inspection of Marriage Register and index
(1) Every Marriage Register and index kept by the Chief
Registrar or Registrar under this Act shall be open to
inspection by any person upon payment of the prescribed fee.
(2) The Chief Registrar or Registrar, as the case may be, shall,
upon payment of the prescribed fee, furnish to any person
requiring it a copy of the entry in the Marriage Register and
index, certified under the hand and seal of office of the Chief
Registrar or Registrar, as the case may be.
44. Proof
Every Marriage Register kept by the Chief Registrar or Registrar under
this Act and any copy of any entry therein, certified under his hand and
seal of office to be a true copy or extract, shall be prima facie evidence
in all courts and tribunals of the dates and acts contained or set out in
the Marriage Register, copy or extract.
45. Extent of power to make any order
Save as is otherwise expressly provided, nothing in this Act shall
authorize the Court to make an order of divorce or an order pertaining to
a divorce or to permit a husband to pronounce a talaq except—
(a) where the marriage has been registered or deemed to be
registered under this Act; or
(b) where the marriage was contracted in accordance with
Hukum Syarak; and
(c) where the residence of either of the parties to the marriage at
the time when the application is presented is in the Federal
Territory.
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46. Change of religion
(1) The renunciation of Islam by either party to a marriage or his
or her conversion to a faith other than Islam shall not by itself
operate to dissolve the marriage unless and until so confirmed
by the Court.
(2) The conversion to Islam by either party to a non-Muslim
marriage shall not by itself operate to dissolve the marriage
unless and until so confirmed by the Court.
47. Divorce by talaq or by order
(1) A husband or a wife who desires divorce shall present an
application for divorce to the Court in the prescribed form,
accompanied by a iqrar containing—
(a) particulars of the marriage and the names, ages and sex of
the children, if any, of the marriage;
(b) particulars of the facts giving the Court jurisdiction under

section 45;
(c) particulars of any previous matrimonial proceedings

between the parties, including the place of the proceedings;
(d) a statement as to the reasons for desiring divorce;
(e) a statement as to whether any, and, if so, what steps had

been taken to effect reconciliation;
(f) the terms of any agreement regarding maintenance and

habitation of the wife and the children of the marriage, if
any, the care and custody of the children of the marriage, if
any, and the division of any assets acquired through the
joint effort of the parties, if any, or, where no such
agreement has been reached, the applicant’s proposals
regarding those matters; and
(g) particulars of the order sought.

(2) Upon receiving an application for divorce, the Court shall
cause a summons to be served on the other party together with
a copy of the application and the iqrarv made by the
applicant, and the summons shall direct the other party to
appear before the Court so as to enable it to inquire whether
or not the other party consents to the divorce.
(3) If the other party consents to the divorce and the Court is
satisfied after due inquiry and investigation that the marriage
has irretrievably broken down, the Court shall advise the
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husband to pronounce one talaq before the Court.
(4) The Court shall record the fact of the pronouncement of one
talaq, and shall send a certified copy of the record to the
appropriate Registrar and to the Chief Registrar for
registration.
(5) Where the other party does not consent to the divorce or it
appears to the Court that there is reasonable possibility of a
reconciliation between the parties, the Court shall as soon as
possible appoint a conciliatory committee consisting of a
Religious Officer as Chairman and two other persons, one to
act for the husband and the other for the wife, and refer the
case to the committee.
(6) In appointing the two persons under subsection (5), the Court
shall, where possible, give preference to close relatives of the
parties having knowledge of the circumstances of the case.
(7) The Court may give directions to the conciliatory committee
as to the conduct of the conciliation and it shall conduct it in
accordance with such directions.
(8) If the committee is unable to agree or if the Court is not
satisfied with its conduct of the conciliation, the Court may
remove the committee and appoint another committee in its
place.
(9) The committee shall endeavour to effect reconciliation within
a period of six months from the date of it being constituted or
such further period as may be allowed by the Court.
(10) The committee shall require the attendance of the parties and
shall give each of them an opportunity of being heard and
may hear such other persons and make such inquiries as it
thinks fit and may, if it considers it necessary, adjourn its
proceedings from time to time.
(11) If the conciliatory committee is unable to effect reconciliation
and is unable to persuade the parties to resume their conjugal
relationship, it shall issue a certificate to that effect and may
append to the certificate such recommendations as it thinks fit
regarding maintenance and custody of the minor children of
the marriage, if any, regarding division of property, and
regarding other matters related to the marriage.
(12) No Peguam Syarie shall appear or act for any party in any
proceeding before a conciliatory committee and no party shall
be represented by any person, other than a member of his or
her family, without the leave of the conciliatory committee.
(13) Where the committee reports to the Court that reconciliation
has been effected and the parties have resumed their conjugal
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relationship, the Court shall dismiss the application for
divorce.
(14) Where the committee submits to the Court a certificate that it
is unable to effect reconciliation and to persuade the parties to
resume the conjugal relationship, the Court shall advise the
husband to pronounce one talaq before the Court, and where
the Court is unable to procure the presence of the husband
before the Court to pronounce one talaq, or where the
husband refuses to pronounce one talaq, the Court shall refer
the case to the Hakam for action according to section 48.
(15) The requirement of subsection (5) as to reference to a
conciliatory committee shall not apply in any case—
(a) where the applicant alleges that he or she has been deserted
by and does not know the whereabouts of the other party;
(b) where the other party is residing outside Peninsular

Malaysia and it is unlikely that he or she will be within the
jurisdiction of the Court within six months after the date of
the application;
(c) where the other party is imprisoned for a term of three years
or more;
(d) where the applicant alleges that the other party is suffering
from incurable mental illness; or
(e) where the Court is satisfied that there are exceptional

circumstances which make reference to a conciliatory
committee impracticable.
(16) A talaq raj’i pronounced by a husband unless revoked earlier,
either expressly or constructively, or by an order of the Court,
shall not operate to dissolve the marriage until the expiry of
the ‘iddah period.
(17) If the wife is pregnant at the time the talaq is pronounced or
the order is made, the talaq or the order shall not be effective
to dissolve the marriage until the pregnancy ends.
48. Arbitration by Hakam
(1) If satisfied that there are constant quarrels (shiqaq) between
the parties to a marriage, the Court may appoint in accordance
with Hukum Syarak two arbitrators or Hakam to act for the
husband and wife respectively.
(2) In appointing the Hakam under subsection (1), the Court shall,
where possible, give preference to close relatives of the
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parties having knowledge of the circumstances of the case.
(3) The Court may give directions to the Hakam as to the conduct
of the arbitration and they shall conduct it in accordance with
such directions and Hukum Syarak.
(4) If the Hakam are unable to agree, or if the Court is not
satisfied with their conduct of the arbitration, the Court may
remove them and appoint other Hakam in their place.
(5) The Hakam shall endeavour to obtain from their respective
principals full authority, and may, if their authority extends so
far, pronounce one talaq before the Court if so permitted by
the Court, and in that event the Court shall record that
pronouncement of one talaq, and send a certified copy of the
record to the appropriate Registrar and to the Chief Registrar
for registration.
(6) If the Hakam are of the opinion that the parties should be
divorced but are unable for any reason to order a divorce, the
Court shall appoint other Hakam and shall confer on them
authority to order a divorce and shall, if they do so, record the
order and send a certified copy of the record to the
appropriate Registrar and to the Chief Registrar for
registration.
(7) Unless he is a close member of the family of the parties, no
person or Peguam Syarie shall be allowed to be present or
represent any of the parties in the presence of the Hakam.
49. Khul’ divorce or cerai tebus talaq
(1) Where the husband does not agree to voluntarily pronounce a
talaq, but the parties agree to a divorce by redemption or
cerai tebus talaq, the Court shall, after the amount of the
payment of tebus talaq is agreed upon by the parties, cause
the husband to pronounce a divorce by redemption, and such
divorce is ba-in sughra or irrevocable.
(2) The Court shall record the cerai tebus talaq accordingly and
send a certified copy of the record to the appropriate Registrar
and to the Chief Registrar for registration.
(3) Where the amount of the payment of tebus talaq is not agreed
upon by the parties, the Court may assess, in accordance with
Hukum Syarak, the amount, having regard to the status and
the means of the parties.
(4) Where the husband does not agree to a divorce by redemption
or does not appear before the Court as directed, or where it
appears to the Court that there is a reasonable possibility of a
reconciliation, the Court shall appoint a conciliatory
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committee as provided under section 47 and that section shall
apply accordingly.
50. Divorce under ta’liq or stipulation
(1) A married woman may, if entitled to a divorce in pursuance of
the terms of a ta’liq certificate made upon a marriage, apply
to the Court to declare that such divorce has taken place.
(2) The Court shall examine the application and make an inquiry
into the validity of the divorce and shall, if satisfied that the
divorce is valid according to Hukum Syarak, confirm and
record the divorce and send one certified copy of the record to
the appropriate Registrar and to the Chief Registrar for
registration.
50a. Divorce by li’an
(1) Where the parties to a marriage have taken oath by way of
li’an according to Hukum Syarak before a Syariah Judge,
upon judgment, the Syariah Judge shall order them to be farak
and be separated and live apart forever.
(2) The Court shall record the divorce by li’an accordingly and
send a certified copy of the record to the appropriate Registrar
and to the Chief Registrar for registration.
51. Resumption of conjugal relationship or ruju’
(1) In this section “revocable divorce” means a divorce by one or
two talaq not followed by completion of ‘iddah, and
“recohabit” means resume conjugal relations within the period
before the divorce has become irrevocable.
(2) If, after a revocable divorce, recohabitation takes place by
mutual consent, the parties shall within seven days report the
fact of recohabitation and other relevant particulars to the
Registrar for the kariah masjid in which they reside.
(3) The Registrar shall make such inquiry as may be necessary
and, if satisfied that recohabitation has taken place in
accordance with Hukum Syarak, shall register the
recohabitation by endorsement upon the entry relating to that
divorce in the Register of Divorce, if the divorce was
registered by him, and shall require the parties to deliver to
him the relevant certificates of divorce and shall issue to them
certificates of recohabitation in the prescribed form.
(4) The Registrar shall also deliver a copy of the certificate of
recohabitation to the Chief Registrar who shall register the
recohabitation by endorsement upon the entry relating to that
divorce in the Register of Divorce kept by him.
(5) Any party to a marriage who fails to report the fact of
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recohabitation as required by subsection (2) commits an
offence and shall be punished with a fine not exceeding five
hundred ringgit or with imprisonment not exceeding six
months or with both such fine and imprisonment.
(6) If the divorce was not registered by the Registrar to whom the
report under subsection (2) is made, he shall record on the
certificates of divorce the serial number and particulars of the
certificates of recohabitation and shall forward the certificates
of divorce to the Registrar by whom they were issued together
with a copy of the certificates of recohabitation, and the other
Registrar shall thereupon register the recohabitation by
endorsement upon the entry relating to that divorce in the
Register of Divorce and shall deliver the copy of the
certificate of recohabitation to the Chief Registrar who shall
register the recohabitation by endorsement upon the entry
relating to that divorce in the Register of Divorce kept by
him.
(7) If a revocable divorce has taken place without the knowledge
of the wife, the husband shall not require or request the wife
to recohabit with him without disclosing to her the fact of the
divorce.
(8) If after a revocable divorce the husband pronounces a ruju’
and the wife has consented to the ruju’, she may, on the
application of the husband, be ordered by the court to resume
conjugal relations, unless she shows good cause to the
contrary, according to Hukum Syarak, in which case the Court
shall appoint a conciliatory committee as provided under
section 47 and that section shall apply accordingly.
(9) If after a revocable divorce the husband pronounces a ruju’
but the wife has not consented to the ruju’ for reasons allowed
by Hukum Syarak, she shall not be ordered by the Court to
resume conjugal relations, but the Court shall appoint a
conciliatory committee as provided under section 47 and that
section shall apply accordingly.
52. Order for dissolution of marriage or fasakh
(1) A woman or man, as the case may be, married in accordance
with Hukum Syarak, shall be entitled to obtain an order for
the dissolution of marriage or fasakh on any one or more of
the following grounds, namely—
(a) that the whereabouts of the husband or wife have not been
known for a period of more than one year;
(b) that the husband has neglected or failed to provide for her
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maintenance for a period of three months;
(c) that the husband or wife has been sentenced to

imprisonment for a period of three years or more;
(d) tthat the husband or wife has failed to perform, without

reasonable cause, his or her, as the case may be, marital
obligations (nafkah batin) for a period of one year;
(e) that the husband was impotent at the time of marriage and
remains so and she was not aware at the time of the
marriage that he was impotent;
(f) that the husband or wife has been insane for a period of two
years or is suffering from leprosy or vitilago or is suffering
from a venereal disease in a communicable form;
(g) that she, having been given in marriage by her wali Mujbir
before she attained the age of baligh, repudiated the
marriage before attaining the age of eighteen years, the
marriage not having been consummated;
(h) that the husband or wife treats her or him, as the case may
be, with cruelty, that is to say, inter alia—
(i) habitually assaults her or him or makes her or his life
miserable by cruelty of conduct;
(ii) associates with women or men of evil repute or leads
what, according to Hukum Syarak, is an infamous life;
(iii) attempts to force the wife to lead an immoral life;
(iv) disposes of her or his property or prevents her or him
from exercising her or his legal rights over it;
(v) obstructs her or him in the observance of her or his
religious obligations or practice; or
(vi) if he has more wives than one, does not treat her
equitably in accordance with the requirements of
Hukum Syarak;
(i) that even after the lapse of four months the marriage has
still not been consummated owing to the wilful refusal of
the husband or wife to consummate it;
(j) that she did not consent to the marriage or her consent was
not valid, whether in consequence of duress, mistake,
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unsoundness of mind, or any other circumstance recognized
by Hukum Syarak;
(k) that at the time of the marriage she, though capable of

giving a valid consent, was, whether continuously or
intermittently, a mentally disordered person within the
meaning of the Mental Disorders Ordinance 1952 [Ord. 31
of 1952] in the case of the Federal Territory of Kuala
Lumpur, or the Lunatics Ordinance of Sabah [Sabah Cap.
74] in the case of the Federal Territory of Labuan, and her
mental disorder was of such a kind or to such extent as to
render her unfit for marriage; or
(l) any other ground that is recognized as valid for dissolution

of marriages or fasakh under Hukum Syarak.
(1a) Any person married in accordance with Hukum Syarak shall
be entitled to obtain an order for the dissolution of marriage
or fasakh on the ground that the wife is incapacitated which
prevents sexual intercourse.
(2) No order shall be made on the ground specified in paragraph
(1)(c) until the sentence has become final and the husband or
wife has already served one year of the sentence. .
(3) Before making an order on the ground in paragraph (1)(e) the
Court shall, on application by the husband, make an order
requiring the husband to satisfy the Court within a period of
six months from the date of the order that he has ceased to be
impotent, and if the husband so satisfies the Court within that
period, no order shall be made on that ground specified.
(4) No order shall be made on any of the grounds specified in
subsection(1) if the husband satisfies the Court that the wife,
with knowledge that it was open to her to have the marriage
repudiated, so conducted herself in relation to the husband as
to lead the husband reasonably to believe that she would not
seek to do so, and that it would be unjust to the husband to
make the order.
53. Presumption of death
(1) If the husband of any woman has died, or is believed to have
died, or has not been heard of for a period of four years or
more, and the circumstances are such that he ought, for the
purpose of enabling the woman to remarry, to be presumed in
accordance with Hukum Syarak to be dead, the Court may, on
the application of the woman and after such inquiry as may be
proper, issue in the prescribed form a certificate of
presumption of death of the husband and the Court may on
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the application of the woman make an order for the
dissolution of marriage or fasakh as provided for under
section52.
(2) A certificate issued under subsection (1) shall be deemed to be
a certificate of the death of the husband within the meaning of
paragraph 14(4)(b).
(3) In the circumstances mentioned in subsection (1), a woman
shall not be entitled to remarry in the absence of a certificate
issued under subsection (1), notwithstanding that the High
Court may have given leave to presume the death of the
husband.
(4) A certificate issued under subsection (1) shall be registered as
if it effected a divorce.
54. Maintenance of Register of Divorces and Annulments
(1) Every Registrar as well as the Chief Registrar shall each
maintain a Register of Divorces and Annulments and shall
forthwith enter therein the prescribed particulars of all orders
of divorce and annulment sent to him under subsection(2) and
of all orders of divorce and annulment for the registration of
which application is made under subsection(3).
(2) Every Court that grants and records an order of divorce or
annulment or that permits and records any talaq or any other
form of divorce shall forthwith send one certified copy of the
record to the appropriate Registrar and to the Chief Registrar
for registration.
(3) Where a marriage that is solemnized in the Federal Territory
is dissolved or annulled by an order of a Court of competent
jurisdiction outside the Federal Territory, either of the parties
may apply to the appropriate Registrar and to the Chief
Registrar for registration of the order, and the appropriate
Registrar and the Chief Registrar, on being satisfied that the
order is one that should be recognized as valid for the
purposes of the law in the Federal Territory, shall register the
order.
(4) Where a pronouncement of talaq before the Court or an order
of divorce or annulment, wherever granted, has dissolved a
marriage that was solemnized in the Federal Territory and has
been registered under this Act or any written law in force
before this Act, the appropriate Registrar and the Chief
Registrar shall, on registering the talaq or order, cause the
entry relating to that marriage in the Marriage Register to be
marked with the word “Dissolved” and a reference to the
proceedings in which the talaq was pronounced or the order
was made.
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(5) Upon registering the talaq or order of divorce or annulment
and upon payment to him of the prescribed fees, the Chief
Registrar shall issue the divorce or annulment certificates in
the prescribed form to both parties.
55. Registration of divorces
No pronouncement of talaq or order of divorce or annulment shall be
registered unless the Chief Registrar is satisfied that the Court has made
a final order relating to it.
55a. Registration of divorces outside the Court
(1) Notwithstanding section 54, a man who has divorced his wife
by the pronouncement of talaq outside the Court and without
permission of the Court, shall within seven days of the
pronouncement of the talaq report to the Court.
(2) The Court shall hold an inquiry to ascertain whether the talaq
that was pronounced is valid according to Hukum Syarak.
(3) If the Court is satisfied that the talaq that was pronounced is
valid according to Hukum Syarak, the Court shall, subject to
section124—
(a) make an order approving the divorce by talaq;
(b) record the divorce; and
(c) send a copy of the record to the appropriate Registrar and to

the Chief Registrar for registration.
56. Mut’ah or consolatory gift to woman divorced without just
cause
In addition to her right to apply for maintenance, a woman who has
been divorced without just cause by her husband may apply to the Court
for mut’ah or a consolatory gift, and the Court may, after hearing the
parties and upon being satisfied that the woman has been divorced
without just cause, order the husband to ??pay such sum as may be fair
and just according to Hukum Syarak.
57. Right to mas kahwin, etc., not to be affected
Nothing contained in this Act shall affect any right that a married
woman may have under Hukum Syarak to her mas kahwin and
pemberian or any part thereof on the dissolution of her marriage.
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59. Power of Court to order maintenance of wife, and the effect of
nusyuz
(1) The Court may, subject to Hukum Syarak, order a man to pay
maintenance to his wife or former wife.
(2) Subject to Hukum Syarak and confirmation by the Court, a
wife shall not be entitled to maintenance when she is nusyuz,
or unreasonably refuses to obey the lawful wishes or
commands of her husband, that is to say, inter alia—
(a) when she withholds her association with her husband;
(b) when she leaves her husband’s home against his will; or
(c) when she refuses to move with him to another home or

place,
without any valid reason according to Hukum Syarak.
(3) As soon as the wife repents and obeys the lawful wishes and
commands of her husband, she ceases to be nusyuz.
60. Power of Court to order maintenance of certain persons
The Court may order any person liable thereto according to Hukum
Syarak , to pay maintenance to another person where he is incapacitated,
wholly or partially, from earning a livelihood by reason of mental or
physical injury or ill-health and the Court is satisfied that having regard
to the means of the first-mentioned person it is reasonable so to order.
61. Assessment of maintenance
In determining the amount of any maintenance to be paid, the Court
shall base its assessment primarily on the means and needs of the
parties, having regard to of the proportion the maintenance bears to the
income of the person against whom the order is made.
62. Power of Court to order security for maintenance
The Court may, when awarding maintenance, order the person liable to
pay the maintenance to secure the whole or any part of it by vesting any
property in trustees upon trust to pay the ?maintenance or a part thereof
out of the income from the property.
63. Compounding of maintenance
An agreement for the payment, in money or other property, of a capital
sum in settlement of all future claims to maintenance shall not be
effective until it has been approved, with or without conditions, by the
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Court, but when so approved shall be a good defence to any claim for
maintenance.
64. Duration of orders for maintenance
Except where an order for maintenance is expressed to be for any
shorter period or is rescinded, and subject to section 65, an order for
maintenance shall expire on the death of the person against whom or in
whose favour the order was made, whichever is the earlier.
65. Right to maintenance or pemberian after divorce
(1) The right of a divorced wife to receive maintenance from her
former husband under any order of Court shall cease on the
expiry of the period of ‘iddah or on the wife being nusyuz.
(2) The right of a divorced wife to receive a pemberian from her
former husband under an agreement shall cease on her
remarriage.
66. Power of Court to vary orders for maintenance
The Court may at any time and from time to time vary, or may at any
time rescind, any subsisting order for maintenance, whether secured or
unsecured, on the application of the person in whose favour or against
whom the order was made, where it is satisfied that the order was based
on any misrepresentation or mistake of fact or where there has been any
material change in the circumstances.
67. Power of Court to vary agreements for maintenance
Subject to section63, the Court may at any time and from time to time
vary the terms of any agreement as to maintenance made between
husband and wife, whether made before or after the appointed date,
where it is satisfied that there has been any material change in the
circumstances, notwithstanding any provision to the contrary in the
agreement.
68. Maintenance payable under order of Court to be inalienable
Maintenance payable to any person under any order of Court shall not
be assignable or transferable or liable to be attached, sequestered, or
levied upon for, or in respect of, any debt or claim.
69. Recovery of arrears of maintenance
(1) Arrears of unsecured maintenance shall be recoverable as a
debt from the defaulter and, where they accrued due before
the making of a receiving order against the defaulter, shall be
provable in his bankruptcy and, where they accrued due
before his death, shall be a debt due from his estate.
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(2) Arrears of unsecured maintenance that accrued due before the
death of the person entitled thereto shall be recoverable as a
debt by the legal personal representatives of the person.
70. Interim maintenance
(1) Where the Court is satisfied that there are grounds for
payment of maintenance, the Court may make an order
against the husband for payment of interim maintenance to
take effect at once and to be in force until an order of Court is
made on the application for maintenance.
(2) The husband may adjust the interim maintenance paid against
the amount ordered to be paid for maintenance under the
order of the Court, provided that the amount received by the
wife, after any deduction, is sufficient for her basic needs.
71. Right to accommodation
(1) A divorced woman is entitled to stay in the home where she
used to live when she was married, for so long as the husband
is not able to get other suitable accommodation for her.
(2) The right to accommodation provided in subsection(1) shall
cease—
(a) if the period of ‘iddah has expired; or
(b) if the period of guardianship of the children has expired; or
(c) if the woman has remarried; or
(d) if the woman has been guilty of open lewdness (fahisyah),

and thereupon the husband may apply to the Court for the
return of the home to him.
72. Duty to maintain children
(1) Except where an agreement or order of Court otherwise
provides, it shall be the duty of a man to maintain his
children, whether they are in his custody or the custody of any
other person, either by providing them with such
accommodation, clothing, food, medical attention, and
education as are reasonable having regard to his means and
station in life or by paying the cost thereof.
(2) Except as aforesaid, it shall be the duty of a person liable
under Hukum Syarak, to maintain or contribute to the
maintenance of children if their father is dead or his
whereabouts are unknown or if and so far as he is unable to
maintain them.
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73. Power of Court to order maintenance for children
(1) The Court may at any time order a man to pay maintenance
for the benefit of any child of his—
(a) if he has refused or neglected to provide reasonably for his

child;
(b) if he has deserted his wife and the child is in her charge;
(c) during the pendency of any matrimonial proceedings;
(d) when making or subsequent to the making of an order

placing the child in the custody of any other person; or
(e) when permitting him to practice polygamy under subsection

23(1).
(2) The Court shall have the corresponding power to order a
person liable under Hukum Syarak to pay or contribute
towards the maintenance of a child where it is satisfied that
having regard to his means it is reasonable so to order.
(3) An order under subsection (1) or subsection(1) (2) may direct
payment to the person having custody or care and control of
the child or to the trustee for the child.
74. Power of Court to order security for maintenance of a child
(1) The Court may, when ordering the payment of maintenance
for the benefit of any child, order the person liable to pay the
maintenance to secure the whole or any part of it by vesting
any property in trustees upon trust to pay the maintenance or a
part thereof out of the income from the property.
(2) Failure to comply with the order requiring the person liable to
vest any property in trustee for the purpose of subsection(1)
shall be punishable as a contempt of Court.
75. Power of Court to vary order for custody or maintenance of a
child
The Court may, on the application of any interested person, at any time
and from time to time vary, or at any time rescind, any order for the
custody or maintenance of a child, where it is satisfied that the order
was based on any misrepresentation or mistake of fact or where there
has been any material change in the circumstances.
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76. Power of Court to vary agreement for custody or maintenance
of a child
The Court may at any time and from time to time vary the terms of any
agreement relating to the custody or maintenance of a child, whether
such agreement was made before or after the appointed date,
notwithstanding any provision to the contrary in the agreement, where it
is satisfied that it is reasonable and for the welfare of the child so to do.
77. Recovery of arrears of maintenance of a child
Section 69 shall apply, mutatis mutandis and according to Hukum
Syarak, to orders for the payment of maintenance for the benefit of a
child.
78. Duty to maintain child accepted as member of family
(1) Where a man has accepted a child who is not his child as a
member of his family, it shall be his duty to maintain the child
while he or she remains a child, so far as the parents of the
child fail to do so, and the Court may make such orders as
may be necessary to ensure the welfare of the child.
(2) The duty imposed by subsection (1) shall cease if the child is
taken back by either of his or her parents.
(3) Any sum expended by a man in maintaining a child as
required by subsection (1) shall be recoverable from the father
or mother of the child.
79. Duration of order for maintenance of a child
Except—
(a) where an order for maintenance of a child is expressed to be
for any shorter period; or
(b) where any such order has been rescinded; or
(c) where any such order is made in favour of—
(i) a daughter who has not been married or who is, by
reason of some mental or physical disability,
incapable of maintaining herself; or
(ii) a son who is, by reason of some mental or physical
disability, incapable of maintaining himself,
the order for maintenance shall expire on the attainment by the child of
the age of eighteen years, but the Court may, on application by the child
or any other person, extend the order for maintenance to cover such
further period as it thinks reasonable, to enable the child to pursue
further or higher education or training.
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80. Duty to maintain illegitimate children
(1) If a woman neglects or refuses to maintain her illegitimate
child who is unable to maintain himself or herself, other than
a child born as a result of rape, the Court, upon due proof
thereof, may order the woman to make such monthly
allowance as the Court thinks reasonable.
(2) (Deleted by Act A902).
(3) A monthly allowance under this section shall be payable from
the date of commencement of the neglect or refusal to
maintain or from such later date as may be specified in the
order.
81. Persons entitled to custody of a child
(1) Subject to section 82, the mother shall be of all persons the
best entitled to the custody of her infant children during the
connubial relationship as well as after its dissolution.
(2) Where the Court is of the opinion that the mother is
disqualified under Hukum Syarak from having the right to
hadhanah or custody of her children, the right shall, subject to
subsection (3), pass to one of the following persons in the
following order of preference, that is to say—
(a) the maternal grandmother, how-high-soever;
(b) the father;
(c) the paternal grandmother, how-high-soever;
(d) the full sister;
(e) the uterine sister;
(f) the sanguine sister;
(g) the full sister’s daughter;
(h) the uterine sister’s daughter;
(i) the sanguine sister’s daughter;
(j) the maternal aunt;
(k) the paternal aunt;
(l) the male relatives who could be their heirs as ‘asabah or

residuaries:
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Provided that the custody of such person does not
affect the welfare of the child.
(3) No man shall have a right to the custody of a female child
unless he is a muhrim, that is to say, he stands to her within
the prohibited degrees of relationship.
(4) Subject to sections 82 and 84, where there are several persons
of the same line or degree, all equally qualified and willing to
take charge of the child, the custody shall be entrusted to the
one most virtuous who shows the greatest tenderness to the
child, and where all are equally virtuous, then the senior
among them in age shall have the priority.
82. Qualifications necessary for custody
A person to whom belongs the upbringing of a child, shall be entitled to
exercise the right of hadhanah if—
(a) she is a Muslim;
(b) she is of sound mind;
(c) she is of an age that qualifies her to bestow on the child the
care, love, and affection that the child may need;
(d) she is of good conduct from the standpoint of Islamic
morality; and
(e) she lives in a place where the child may not undergo any risk
morally or physically.
83. How right of custody is lost
The right of hadhanah of a woman is lost—
(a) by her marriage with a person not related to the child within
the prohibited degrees if her custody in such case will affect
the welfare of the child but her right to custody will revert if
the marriage is dissolved;
(b) by her gross and open immorality;
(c) by her changing her residence so as to prevent the father
from exercising the necessary supervision over the child,
except that a divorced wife may take her own child to her
birth-place;
(d) by her abjuration of Islam;
(e) by her neglect of or cruelty to the child.
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84. Duration of custody
(1) The right of the hadhinah to the custody of a child terminates
upon the child attaining the age of seven years, in the case of
a male, and the age of nine years, in the case of a female, but
the Court may, upon application of the hadhinah, allow her to
retain the custody of the child until the attainment of the age
of nine years, in the case of a male, and the age of eleven
years, in the case of a female.
(2) After termination of the right of the hadhinah, the custody
devolves upon the father, and if the child has reached the age
of discernment (mumaiyiz), he or she shall have the choice of
living with either of the parents, unless the Court otherwise
orders.
85. Custody of illegitimate children
The custody of illegitimate children appertains exclusively to the mother
and her relations.
86. Power of the Court to make order for custody
(1) Notwithstanding s ection 81, the Court may at any time by
order choose to place a child in the custody of any one of the
persons mentioned therein or, where there are exceptional
circumstances making it undesirable that the child be
entrusted to any one of those persons, the Court may by order
place the child in the custody of any other person or of any
association the objects of which include child welfare.
(2) In deciding in whose custody a child should be placed, the
paramount consideration shall be the welfare of the child and,
subject to that consideration, the Court shall have regard to—
(a) the wishes of the parents of the child; and
(b) the wishes of the child, where he or she is of an age to

express an independent opinion.
(3) It shall be a rebuttable presumption that it is for the good of a
child during his or her infancy to be with his or her mother,
but in deciding whether that presumption applies to the facts
of any particular case, the Court shall have regard to the
undesirability of disturbing the life of a child by changes of
custody.
(4) Where there are two or more children of a marriage, the Court
shall not be bound to place both or all in the custody of the
same person but shall consider the welfare of each
independently.
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(5) The Court may, if necessary, make an interim order to place
the child in the custody of any person or institution or
association and the order shall forthwith be enforced and
continue to be enforced until the Court makes an order for the
custody.
87. Orders subject to conditions
(1) An order for custody may be made subject to such conditions
as the Court thinks fit to impose and, subject to such
conditions, if any, as may from time to time apply, shall
entitle the person given custody to decide all questions
relating to the upbringing and education of the child.
(2) Without prejudice to the generality of subsection (1), an order
for custody may—
(a) contain conditions as to the place where the child is to live

and as to the manner of his or her education;
(b) provide for the child to be temporarily in the care and

control of some person other than the person given custody;
(c) provide for the child to visit a parent deprived of custody or

any member of the family of a parent who is dead or has
been deprived of custody at such times and for such periods
as the Court considers reasonable;
(d) give a parent deprived of custody or any member of the

family of a parent who is dead or has been deprived of
custody the right of access to the child at such times and
with such frequency as the Court considers reasonable; or
(e) prohibit the person given custody from taking the child out
of Malaysia.
88. Persons entitled to guardianship
(1) Although the right to hadhanah or the custody of the child
may be vested in some other person, the father shall be the
first and primary natural guardian of the person and property
of his minor child, and where he is dead, the legal
guardianship devolves upon one of the following persons in
the following order of preference, that is to say—
(a) the father’s father;
(b) the executor appointed by the father’s will;
(c) the father’s executor’s executor;
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(d) the father’s father’s executor;
(e) the father’s father’s executor’s executor:

Provided that he is a Muslim, an adult, sane, and worthy of
trust.
(2) The father shall have, at all times, the amplest power to make
by will such dispositions as he thinks best relative to the
guardianship of his minor children and the protection of their
interests, provided that he is in full possession of his senses.
(3) Subsection (1) shall not apply where the terms and conditions
of the instrument vesting the property in the minor expressly
exclude the persons mentioned therein from exercising
guardianship over the property, and in that case the Court
shall appoint a guardian of the property of the minor.
(4) A person shall, for the purposes of guardianship of person and
property, be deemed to be a minor unless he or she has
completed the age of eighteen years.
89. Power over immovable and movable property
(1) As regards immovable property, a legal guardian shall have no
power to sell, except in the following cases, that is to say—
(a) where at least double the price of the property may be

obtained by him from a stranger by the sale of the property;
(b) where the minor has no other means of livelihood, and the
sale is absolutely necessary for his maintenance, and the
minor has no other property;
(c) where the property is required to be sold for the purpose of

paying off the debts of the testator, which cannot otherwise
be liquidated;
(d) where there are some general provisions in the will of the
testator that cannot be carried into effect without the sale of
the property;
(e) where the income accruing from the estate is insufficient to

defray the expenditure incurred in its management and the
payment of the land revenue;
(f) where the property is in imminent danger of being

destroyed or lost by decay;
(g) where the property is in the hands of a usurper, and the
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guardian has reason to fear that there is no chance of fair
restitution; or
(h) in any other case where it is absolutely necessary to sell the

property on other grounds permitted by Hukum Syarak and
the sale is to the manifest or evident advantage of the
minor.
(2) As regards movable property, a legal guardian shall have
power to sell or pledge the goods and chattels of the minor, if
he is in need of imperative necessities, such as food, clothing,
and nursing; and where the movable property of a minor is
sold bona fide for an adequate consideration, with the object
of investing the proceeds safely and for an increased income,
its sale shall be held valid.
90. Appointment of guardians by the Court
(1) In the absence of the legal guardians, the duty of appointing a
guardian for the protection and preservation of the minor’s
property shall be upon the Court, and in making an
appointment the Court shall be guided chiefly by
considerations of the minor’s welfare.
(2) In considering what will be for the welfare of the minor, the
Court shall have regard to the age and sex of the minor, the
character and the capacity of the proposed guardian and his
nearness of relationship to the minor, the wishes, if any, of the
deceased parents, and any existing or previous relations of the
proposed guardian with the minor or his property, and where
the minor is old enough to form an intelligent preference, the
Court may consider that preference.
91. Appointment of mother as testamentary guardian
A mother, whether a Muslim or Kitabiyah, may be validly appointed
executrix of the father, and in that case she may exercise her powers as a
testamentary guardian or, in the absence of a legal guardian, she may be
appointed legal guardian by the Court, but in the absence of such
appointment she shall not deal with the minor’s property.
92. Joint guardian with mother
Where the Court appoints the mother to be guardian, the Court may also
appoint some other person to be guardian of the minor’s person and
property, or either of them, to act jointly with the mother.
93. Variation of power of guardian of property
The Court may, in appointing any guardian of a minor’s property, by
order define, restrict, or extend the power and authority of the guardian
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in relation thereto, to such extent as is necessary for the welfare of the
minor.
94. Removal of guardian
The Court may at any time and from time to time remove any guardian,
whether a parent or otherwise and whether of the person or the property
of the minor and may appoint another person to be guardian in his place.
95. Security to be given
(1) Where a person is appointed by the Court to be the guardian
of a minor’s property he shall, unless the Court otherwise
orders, give security in such sum as may be appointed for the
due performance of his duties as guardian.
(2) Such security shall be given in the manner prescribed for the
time being in the case of receivers appointed by the Court;
and the guardian appointed shall render his accounts at such
periods as may be ordered, and shall pay in any balance
certified to be due from him into Court in the manner
prescribed in the case of receivers.
96. Limitation of powers of guardian appointed by Court
(1) A guardian of the property of a minor appointed by the Court
shall not, without the leave of the Court—
(a) sell, charge, mortgage, exchange, or otherwise part with the

possession of any movable or immovable property of the
minor; or
(b) lease any land belonging to the minor for a term exceeding
one year.
(2) Any disposal of a minor’s property in contravention of this
section may be declared void and on such declaration the
Court may make such order as appears requisite for restoring
to the minor’s estate the property disposed of.
(3) The Court shall not make any order under subsection(2)
unless it is necessary or advisable in the interests of the minor.
97. Guardian may not give discharge for capital property
A guardian of the property of a minor appointed by the Court shall not,
unless in any case the Court otherwise orders, be empowered to give a
good discharge for any legacy or other capital moneys payable to or
receivable by the minor.
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98. Guardian may support minor out of income
(1) A guardian of the property of a minor appointed by the Court
may make reasonable provision out of the income of the
property for his maintenance and education, having regard to
his station in life; but no sum exceeding three hundred ringgit
per month may be so applied without the leave of the Court.
(2) Where the income of the minor’s property in the hands of the
guardian is insufficient for such purpose, or money is required
for the minor’s advancement, the Court may order the
provision for such purpose be made out of the capital of the
minor’s property, and for such purpose may authorize the sale,
charge, or mortgage of any part of the minor’s property and
give such directions in regard thereto as may be necessary in
the interests of the minor.
99. Special order in case of small estate
(1) If it appears that, having regard to the station in life of a
minor and to the value of his property and to all the
circumstances of the case, it would be expedient that the
capital property of the minor be made available for his
maintenance, education, or advancement in such manner as to
avoid the expense of making application to the Court, the
Court may, instead of appointing a guardian of the property of
the minor, order that all the property of the minor, of
whatsoever description, be placed in the hands of a person to
be appointed by the Court, with full power to deal with and
apply the property for the purpose aforesaid in his sole and
uncontrolled discretion; and in that case the receipt of the
person appointed shall be a good discharge to any person
making any payment or transfer of any property to him on
behalf of the minor.
(2) Any persons appointed under subsection (1) may be ordered
by the Court to render an account of his dealings with the
minor’s estate.
(3) The Court may for any sufficient reason discharge any order,
or revoke any appointment, made under subsection (1), and
may appoint another person with the same power or such
greater or lesser power as may appear advisable, or may
appoint a guardian of the minor’s property.
100. Application for opinion, etc.
Any guardian may apply to the Court for its opinion, advice, or
discretion on any question respecting the management or administration
of the minor’s property.
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101. Prohibition order by Court
(1) Notwithstanding the provisions of section89, the Court may,
where it considers it necessary so to do, make an order
prohibiting the father of a minor or the father’s father or their
respective executors or their respective executors’ executors
from—
(a) selling, charging, mortgaging, exchanging, or otherwise

parting with the possession of any movable or immovable
property of the minor; or
(b) leasing any land belonging to the minor for a term

exceeding one year,
without the prior leave of the Court.
(2) Any disposal of a minor’s property in contravention of the
order may be declared void, and on such declaration the Court
may make such order as appears requisite for restoring to the
minor’s estate the property disposed of.
(3) The Court shall not make any order under subsection(2)
unless it is necessary or advisable in the interests of the minor.
102. Guardian of orphan
Where the father and the grandfather of a minor have died without
appointing a testamentary guardian, any penghulu, police officer not
below the rank of Sergeant, any person having the custody of the minor,
or any person with the powers of a Protector under the Child Act 2001
[Act 611] *, may cause the minor to be taken before the Court and the
Court may appoint a guardian of the minor’s person and property or
either of them.
(Deleted by Act A902).
104. Court to have regard to advice of welfare officers, etc.
When considering any question relating to the custody or maintenance
of any child, the Court shall, whenever it is practicable, take the advice
of some person, whether or not a public officer, who is trained or
experienced in child welfare but shall not be bound to follow the advice.
* NOTE—This Act has repealed the Child Protection Act 1991 [Act 468] (see
section 130 of Act 611), which repealed the Children and Young Persons Act
1947 [Act 232]—see subsection 50(2) of Act 468.
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105. Power of Court to restrain taking of child out of Malaysia
(1) The Court may on application of the father or mother of a
child—
(a) where any matrimonial proceeding is pending; or
(b) where, under any agreement or order of Court, one parent

has custody of the child to the exclusion of the other,
issue an injunction restraining the other parent from taking
the child out of Malaysia or may give leave for the child to
be taken out of Malaysia either unconditionally or subject to
such conditions or such undertaking as the Court thinks fit.
(2) The Court may, on the application of any interested person,
issue an injunction restraining any person, other than a person
having custody of the child, from taking a child out of
Malaysia.
(3) Failure to comply with an order made under this section shall
be punishable as a contempt of Court.
106. Power of Court to set aside and prevent dispositions intended
to defeat claims to maintenance
(1) Where—
(a) any matrimonial proceeding is pending; or
(b) an order has been made under section 56, 59 or 73 and has
not been revoked; or
(c) maintenance is payable under any agreement to or for the

benefit of a wife or former wife or child,
the Court shall have power on application—
(i) if it is satisfied that any disposition of property has been

made by the husband or former husband or parent of the
person by or on whose behalf the application is made,
within the preceding three years, with the object on the part
of the person making the disposition of reducing his or her
means to pay maintenance or his means to pay mut’ah or of
depriving his wife of any rights in relation to the property,
subject to subsection(2), to require the person making the
disposition to revoke the same; and
(ii) if it is satisfied that any disposition of property is intended

to be made with any such object, to grant an injunction
preventing the disposition.
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(2) For the purposes of this section—
“disposition” includes a sale, gift, lease, mortgage, or any other transaction
whereby ownership or possession of the property is transferred or encumbered
but does not include a disposition made for money or money’s worth to or in
favour of a person acting in good faith and in ignorance of the object with
which the disposition is made;
“property” means property of any nature, movable or immovable, and includes
money.
107. Restraining order
(1) The Court shall have power during the pendency of any
matrimonial proceedings or on or after the grant of an order of
divorce, fasakh, or annulment, to order any person to refrain
from forcing his or her society on his or her spouse or former
spouse and from other acts of molestation.
107A. Power of Court to set aside and prevent dispositions
intended to defeat claims to maintenance
(1) The Court may, on the application of any party to a
marriage—
(a) where any matrimonial proceeding is pending; or
(b) in any proceeding where the Court may make an order

under section 122,
make an order prohibiting the wife or husband, as the case
may be, from disposing of any assets acquired by them,
jointly or solely, during the subsistence of their marriage if
the Court is satisfied that it is necessary to do so.
(2) The failure to comply with an order made under subsection
(1) shall be punishable as a contempt of Court.
108. Recognition of Muslim marriages contracted outside the
Federal Territory
(1) A Muslim marriage contracted outside the Federal Territory
other than a marriage solemnized in a Malaysian Embassy,
High Commission, or Consulate under section 24 shall be
recognized as valid for all purposes of this Act if—
(a) it was contracted in a form required or permitted by the law

of the place where it was contracted;
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(b) each of the parties had, at the time of the marriage, capacity
to marry under the law of the place of his or her residence;
and
(c) where either of the parties is a resident of the Federal

Territory, both parties had capacity to marry according to
this Act.
109. Recognition of marriages contracted in Embassies, etc., in
the Federal Territory
(1) A Muslim marriage of persons who are not Malaysian citizens
contracted in any foreign Embassy, High Commission, or
Consulate in the Federal Territory shall be recognized as valid
for all purposes of this Act if—
(a) it was contracted in a form required or permitted by the law

of the country whose Embassy, High Commission, or
Consulate it is, or in a form permitted under this Act;
(b) each of the parties had, at the time of the marriage, capacity
to marry under the law of the place of his or her residence;
and
(c) where either of the parties is a resident of the Federal

Territory, both parties had capacity to marry according to
this Act.
110. Ascription of paternity
Where a child is born to a woman who is married to a man more than
six qamariah months from the date of the marriage or within four
qamariah years after dissolution of the marriage either by the death of
the man or by divorce, the woman not having remarried, the nasab or
paternity of the child is established in the man, but the man may, by way
of li’an or imprecation, disavow or disclaim the child before the Court.
111. Birth more than four years after dissolution of marriage
Where the child is born more than four qamariah years after the
dissolution of the marriage either by the death of the man or by divorce,
the paternity of the child shall not be established in the man unless he or
any of his heirs asserts that the child is his issue.
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112. Birth after declaration of completion of ‘iddah
Where a woman, not having remarried, makes a declaration that the
period of ‘iddah has been completed, whether the period is for death or
divorce, and she is subsequently delivered of a child, the paternity of the
child shall not be ascribed to her husband unless the child was born less
than four qamariah years from the date of the dissolution of the
marriage either by the death of the husband or by divorce.
113. Syubhah intercourse
Where a man has syubhah sexual intercourse with a woman, and she is
subsequently delivered of a child between the period of six qamariah
months to four qamariah years after the intercourse, the paternity of the
child shall be ascribed to the man.
114. Conditions for valid acknowledgment
Where a man acknowledges another, either expressly or impliedly, as his
lawful child, the paternity of the child shall be established in the man, if
the following conditions are fulfilled, that is to say:
(a) the paternity of the child is not established in any one else;
(b) the ages of the man and the child are such that filial
relationship is possible between them;
(c) where the child is of discreet age, the child has acquiesced in
the acknowledgment;
(d) the man and the mother of the child could have been
lawfully joined in marriage at the time of conception;
(e) the acknowledgment is not merely that he or she is his son,
but that the child is his legitimate son;
(f) the man is competent to make a contract;
(g) the acknowledgment is with the distinct intention of
conferring the status of legitimacy or;
(h) the acknowledgement is definite and the child is
acknowledged to be the child of his body.
115. Presumption from acknowledgment rebuttable
The presumption of paternity arising from acknowledgment may only be
rebutted by—
(a) disclaimer on the part of the person acknowledged;
(b) proof of such proximity of age, or seniority of the
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acknowledgee, as would render the alleged relationship
physically impossible;
(c) proof that the acknowledgee is in fact the child of some
other person; or
(d) proof that the mother of the acknowledgee could not
possibly have been the lawful wife of the acknowledgor at
the time when the acknowledgee could have been conceived.
116. Acknowledgment by a woman in ‘iddah
Where the acknowledgor is a woman who is married or who is
observing the ‘iddah, the paternity of the person acknowledged shall not
be ascribed to her husband unless her acknowledgment is confirmed by
him or by evidence.
117. Acknowledging another as mother or father
Where a person acknowledges another as his father or mother, the
acknowledgment, if assented to or confirmed by the acknowledgee,
whether during the lifetime or after the decease of the acknowledgor,
shall constitute a valid relationship, in so far as the parties themselves
are concerned, provided that the ages of the acknowledgor and the
acknowledgee are such that filial relationship is possible between them.
118. Acknowledgment other than as a child, mother, or father
Where a person acknowledges another as a relation other than as a son,
mother, or father, the acknowledgment shall not affect any other person
unless that other person confirms the acknowledgment.
119. Acknowledgment irrevocable
Once an acknowledgment or confirmation has been made in respect of
paternity or relationship, the acknowledgment or confirmation shall
become irrevocable.
120. Application by deserted wife
Where a person has ceased to cohabit with his wife in manner required
by Hukum Syarak, the wife may apply to the Court for an order that the
person resume cohabitation with her.
121. Appeal
Any appeal against any decision of the Syariah Subordinate Court shall
be made to the Syariah High Court, and any appeal against any decision
of the Syariah High Court shall be made to the Syariah Appeal Court.
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122. Power of Court to order division of harta sepencarian.
(1) The Court shall have power, when permitting the
pronouncement of talaq or when making an order of divorce,
to order the division between the parties of any assets
acquired by them during their marriage by their joint efforts
or the sale of any such assets and the division between the
parties of the proceeds of sale.
(2) In exercising the powers conferred by subsection (1), the
Court shall have regard to—
(a) the extent of the contributions made by each party in

money, property, or labour towards the acquiring of the
assets;
(b) any debts owing by either party that were contracted for
their joint benefit; and
(c) and, subject to those considerations, the Court shall incline

towards equality of division.
(3) The Court shall have power, when permitting the

pronouncement of talaq or when making an order of divorce,
to order the division between the parties of any assets
acquired during the marriage by the sole efforts of one party
to the marriage or the sale of any such assets and the division
between the parties of the proceeds of sale.
(4) In exercising the powers conferred by subsection (1), the
Court shall have regard to—
(a) the extent of the contributions made by the party who did
not acquire the assets to the welfare of the family by
looking after the home or caring for the family; and
(b) and, subject to those considerations, the Court may divide

the assets or the proceeds of sale in such proportions as the
Court deems reasonable, but, in any case, the party by
whose efforts the assets were acquired shall receive a
greater proportion.
(5) For the purposes of this section, references to assets acquired
during a marriage include the assets owned before the
marriage by one party that have been substantially improved
during the marriage by the other party or by their joint efforts.
123. Polygamy without Court’s permission

Any man who, during the subsistence of a marriage, contracts another
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marriage in any place without the prior permission in writing of the
Court commits an offence and shall be punished with a fine not
exceeding one thousand ringgit or with imprisonment not exceeding six
months or both.
124. Divorce outside Court and without Court’s permission
Any man who divorces his wife by the pronouncement of talaq in any
form outside the Court and without the permission of the Court commits
an offence and shall be punished with a fine not exceeding one thousand
ringgit or with imprisonment not exceeding six months or both.
125. Failure to report
(1) Whoever, being under a duty to report under this Act, wilfully
neglects or fails to do so commits an offence and shall be
punished with a fine not exceeding one thousand ringgit or
(2) Whoever, being under a duty to report or being required to
submit an application under this Act or being required to
furnish any information or to execute or sign any document
lawfully necessary for the purpose of effecting registration
thereof, wilfully neglects or fails to report or to comply with
the requirement commits an offence and shall be punished
with a fine not exceeding one thousand ringgit or with
imprisonment not exceeding six months or both.
126. Desertion of wife
Any person who, having been ordered by the Court to resume
cohabitation with his wife, wilfully fails or neglects to comply with the
order commits an offence and shall be punished with a fine not
months or both.
127. Ill-treatment of wife
(1) A man who ill-treats his wife or cheats his wife of her
property, or a woman who ill-treats her husband or cheats her
husband of his property, commits an offence and shall on
conviction be punished with a fine not exceeding one
thousand ringgit or to imprisonment for a term not exceeding
six months or to both.
(2) The Court may as an additional order direct the man or
woman who has been convicted under subsection (1) to
compensate the wife or husband who has been cheated of her
or his property, as the case may be.
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128. Failure to give proper justice to wife
Any person who fails to give proper justice to his wife according to
Hukum Syarak commits an offence and shall be punished with a fine not
months or both.
129. Disobedience of wife
Any woman who wilfully disobeys any order lawfully given by her
husband according to Hukum Syarak commits an offence and shall be
punished with a fine not exceeding one hundred ringgit or, in the case of
a second or subsequent offence, with a fine not exceeding five hundred
ringgit.
130. Attempt to be murtad to annul marriage.
Any person who dislikes his or her spouse and by deception makes
himself or herself murtad in order to annul his or her marriage commits
an offence and shall be punished with imprisonment not exceeding one
year.
131. Illicit intercourse between divorced persons
(1) Any man who, having lawfully divorced his wife, resumes
cohabitation with her without having pronounced a lawful
ruju’ commits an offence and shall be punished with a fine
not exceeding five hundred ringgit or with imprisonment not
exceeding three months or both.
(2) If his wife was not at the time of resumption of cohabitation
aware of the occurrence of the divorce, the man commits an
offence and shall be punished with a fine not exceeding one
thousand ringgit or with imprisonment not exceeding six
months or both.
(3) Any woman who abets an offence under subsection(1)
commits an offence and shall be punished with a fine not
exceeding five hundred ringgit or with imprisonment not
132. Wilful neglect to comply with order
(1) Without prejudice to the right of any person interested under
any order made under this Act to enforce the order under this
Act or under any other law, the Court that made the order, in
case of wilful failure to comply therewith, may, where such
order requires the payment of any amount, direct the amount
due to be levied in the manner by law provided for levying
fines imposed by the Court or may sentence the person
wilfully failing to comply therewith to imprisonment if the
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order for each month’s payment remaining unpaid, or, in any
other case, to one year’s payment remaining unpaid.
(2) The Court may—
(a) if an order made under subsection (1) provides for payment

to be made monthly, sentence the person wilfully failing to
comply therewith to imprisonment not exceeding one month
for each month’s payment remaining unpaid; and
(b) in any other case, sentence the person wilfully failing to

comply with the order made under subsection (1) to
imprisonment not exceeding one year for any payment
remaining unpaid.
133. Attempts and abetment
Whoever attempts to commit, or abets the commission of, any offence
under this Act commits an offence punishable with the same punishment
provided for the offence.
134. Power to make rules
(1) The Yang di-Pertuan Agong, on the advice of the Majlis, may
by notification in the Gazette make rules regulating the
practice and procedure in all matrimonial proceedings under
this Act as he considers expedient and rules to fix and regulate
the fees and costs payable in all such proceedings; subject
thereto, all proceedings under this Act shall be regulated by
the practice and procedure of the Court laid down by the
Administration Act, to the extent that such practice and
procedure are not inconsistent with this Act.
(2) In matters of practice and procedure in matrimonial
proceedings not expressly provided for in this Act or in any
rules made under this Act or in the Administration Act, the
Court may adopt such practice and procedure as may seem
proper for the avoidance of injustice and the disposal of the
matters in issue between the parties.
(3) The Yang di-Pertuan Agong, on the advice of the Majlis, may
by notification in the Gazette make rules for the purpose of
this Act and, without prejudice to the generality of the
foregoing, such rules may provide for—
(a) the manner in which the Registrars of Muslim Marriages,

Divorces, and Ruju’ shall exercise the powers conferred on
them by this Act;
(b) the forms of the Marriage, Divorce, and Ruju’ Registers and
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of the certificates of marriage, divorce, and ruju’ and the
mode in which they are to be kept;
(c) the supply and safe custody of the Marriage, Divorce, and
Ruju’ Registers, the Registrars’ notebooks, and all iqrar
made for the purposes of this Act;
(d) the preparation and submission of returns of marriages,

divorces, and ruju’ registered under this Act;
(e) the forms of any certificate, notice, or other document

required for the purpose of implementing this Act;
(f) the making of searches and the giving of certified copies;
(g) the fees chargeable for the purposes of this Act;
(h) the punishment for any breach or failure to comply with any
rules made under this Act; and
(i) other matters for the purpose of carrying out this Act.
134A. Hukum Syarak
(1) Any provision or interpretation of the provisions under this
Act which is inconsistent with Hukum Syarak shall to the
extent of the inconsistency, be void.
(2) In the event of a lacuna or where any matter is not expressly
provided for in this Act, the Court shall apply Hukum Syarak.
135. Cessation of application of Selangor Enactment 3 of 1952*
Parts VI, VII, sections 155 , 156, 158, 159, 160, and paragraph 178(n) of
the Administration Enactment are hereby repealed and shall,
accordingly, cease to apply to the Federal Territory of Kuala Lumpur.*
* NOTE—This provision also applies to the Federal Territory of

Labuan—see section 8 of Act A828
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Schedule
[Subsection2(3)]
ARABIC SCRIPT FOR CERTAIN WORDS AND EXPRESSIONS
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(MY) ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 ACT 303 - Attachment1

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ISLAMIC FAMILY LAW (FEDERAL

TERRITORIES) ACT 1984

Part III REGISTRATION OF MARRIAGES

Part V DISSOLUTION OF MARRIAGE

Part VI MAINTENANCE OF WIFE, CHILDREN AND OTHERS

Chapter Hadhanah or Custody of Children

Part VII GUARDIANSHIP

Chapter Guardianship of Person and Property

Part VII GUARDIANSHIP

Chapter Other Reliefs

Part VIII MISCELLANEOUS

Part VIII MISCELLANEOUS

Part VIII MISCELLANEOUS

Chapter Order to Resume Cohabitation

Part VIII MISCELLANEOUS

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong

(a) in relation to the Federal Territory of Kuala Lumpur, as

(b) in relation to the Federal Territory of Labuan, as modified

(c) in relation to the Federal Territory of Putrajaya, as modified

* NOTE—This Act is extended to the Federal Territory of Putrajaya vide

(a) a woman whose ancestors were from the Bani Ya’qub; or

(b) a Christian woman whose ancestors were Christians before

(c) a Jewess whose ancestors were Jews before the prophethood

(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

(a) the wali in the presence of the Registrar;

(c) the Registrar as the representative of the wali.

(a) his mother or father;

(b) hhis grandmother or grandfather or upwards, whether on the

(c) his daughter or her son and his granddaughter or her

(e) the daughter of his brother or sister, or the son of her

(a) his mother-in-law or father-in-law and the ascendants of his

(c) his stepgrandmother, being the wife of his grandfather, or

(d) his daughter-in-law or her son-in-law; and

(e) his stepdaughter or her stepson and her or his descendants,

(b) she shall not be married unless she has produced—

(b) she shall not be married unless she has produced a

(a) where either of the parties to the intended marriage is below

(b) where the woman is a janda to whom subsection 14(3)

(c) where the woman has no wali from nasab, according to

(a) in a case where the woman resides in the Federal Territory,

(b) in a case where the woman resides in a State, a permission

(a) the value and other particulars of the mas kahwin;

(b) the value and other particulars of any pemberian;

(a) that the proposed marriage is just or necessary, having

(b) that the applicant has such means as to enable him to

(c) that the applicant would be able to accord equal treatment

(e) (Deleted by Act A902).

(a) to require a person to pay maintenance to his existing wife

(b) to order the division between the parties of the marriage of

(b) that each party has the capacity to marry according to

(c) that, where either party is not a resident of the Federal

(b) furnishing such particulars as may be required by the

(c) applying in the prescribed form for the registration of the

(a) without there being a permission to marry as required by

(b) otherwise than in the presence of at least two credible