Resource information
This Act, consisting of ten Parts, applies only to the Federal Territories of Kuala Lumpur and Labuan and makes provision in matter of land family ownership as follows: Section 5: A marriage shall be solemnized in accordance with Islamic Law by the wali, the woman’s guardian for marriage, or his representative, in the presence of the Registrar. Section 8: The minimum age for marriage is set at 18 years for the man and 16 for the woman. Exception might be made where the Syariah judge has granted his permission in writing in special circumstances. Section 13: A marriage shall not be recognized or registered unless both parties freely consent to it and either the wali or the Syariah judge has also consented. Section 17: The Registrar, upon having verified the legality of the intended marriage, and where the man is already married, that permission has been granted, shall issue to the applicants his permission to marry. Section 38: Any person who intentionally makes any false declaration or statement in order to procure a marriage is guilty of an offence and shall be punished with a fine or with imprisonment or both. Section 23: Polygamy may only be exercised with the court permission. The court will grant permission under special circumstances, such as sterility, physical infirmity or insanity on the part of the existing wife or wives. Sections 23 [4] [c] [d] state that the man must be able to support all his wives and dependents, and be able to treat them equally and prove that such intended marriage will not cause harm to the present wife/s. Section 47: A husband or a wife who desires divorce shall present an application for divorce to the Court. If the other party consents to the divorce and the Court has verified that the marriage has irretrievably broken down, the Court shall advise the husband to pronounce one talaq before the Court. The Court shall record the pronouncement of one talaq, and send a certified copy of the record to the appropriate Registrar for registration. Section 47 [5]: If the other party does not consent to the divorce or there is reasonable possibility of a reconciliation between the parties, the Court shall 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. Section 47 [11]: if the conciliatory committee is unable to reconciliate, it shall issue a certificate to that effect and may include recommendations on maintenance and custody of the minor children, on division of property, and other matters related to the marriage. Section 50: A wife can divorce her husband on grounds based on the prescribed ta’lik, the promise expressed by the husband after solemnisation of marriage. Section 52: A woman may also petition to the Court for fasakh or khuluq which has the effect of dissolving the marriage. The court after hearing the application may order the husband to pronounce talaq. In case of divorce or death of the husband, the wife can claim a third of the value of the land acquired during the marriage. The court may increase a divorced wife’s share of land to one-half, depending upon the nature of the work done by her on the property. Sections 59 [1] and 61: The Court may order a man to pay maintenance to his wife or former wife, based on the means and needs of the parties, regardless of the proportion the maintenance bears to his income. Section 64: An order for maintenance expires on the death of the person against whom or in whose favour the order was made. Section. 56: A woman who has been divorced without just cause by her husband may apply to the court for mut’ah or a consolidatory gift, and the court may order the husband to pay such sum. Section 71[1 and 2]: 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. The right to accommodation shall cease: i. if the period of iddah, the prescribed time after divorce a woman has to wait before re-marrying, has expired; ii. if the period of guardianship of the children has expired; iii. if the woman has remarried; or iv. if the woman has been guilty of open lewdness (17).
