ENACTMENT NO. 3 OF 1952
ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1952

PART VI - MARRIAGE AND DIVORCE



Section 121. Solemnisation and registeration marriages.

(1) Marriages shall only be solemnized according to Muslim law and Malay custom by persons authorized in that behalf by His Highness the Sultan:

Provided that when there is a wali present it shall be lawful for such wali to solemnize the marriage in the presence and with the permission of an Imam.

(2) After the solemnisation of a marriage by a wali, such wali together with two persons who witnessed the marriage shall within seven days from the date of the marriage report the solemnization of such marriage to the Registrar within whose kariah such marriage was solemnized and shall pay the prescribed registration fee therefor. On receipt of the particulars of such marriage the Registrar shall enter them in a register kept for that purpose and shall issue a certificate of such marriage, one to the husband and one to the wife.

(3) Any person appointed under section 120 of this Enactment to solemnize marriages may at the request of the wali of the woman to be wedded perform the marriage ceremony but before solemnizing such marriage he shall make full enquiry in order to satisfy himself that there is no lawful obstacle according to Muslim law and Malay custom to the marriage and shall not perform the ceremony until he is so satisfied. For the purpose of such enquiry he may require any Muslim to appear before him to give evidence or produce a document.

(4) If there is no wali, of the woman to be wedded or a wali shall without adequate reason to be approved by the Registrar of Marriages and Divorces refuse his consent to the marriage, the marriage may be solemnized by the Registrar for the kariah in which the woman to be wedded ordinarily resides but before solemnizing such marriage the Registrar shall make enquiry as prescribed in sub-section (3) of this section and in cases where the wali refuses to give his consent to the marriage shall also obtain the approval of His Highness the Sultan. For the purpose of an enquiry under this sub-section a Registrar may exercise all the powers conferred by sub-section (3) of this section.

(5) At the time of the solemnization of any marriage, other than a marriage solemnized by a wali or a Registrar, the person solemnizing such marriage shall enter the particulars thereof in a register kept by him for that purpose and shall within seven days of the date of the marriage, forward such particulars to the Registrar within whose kariah the marriage was solemnized. The Registrar shall on receipt of the prescribed registration fee register such particulars in the register kept by him for that purpose and shall issue certificates of such marriage one to the husband and one to the wife.




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