Updated Act




LAWS OF MALAYSIA

ACT 303
ISLAMIC FAMILY LAW (FEDERAL TERRITORY) ACT 1984
Incorporating latest amendment - P.U.(A) 247/2002

Date of Royal Assent :27 June 1984
Date of publication in the Gazette :28 June 1984
Date of coming into operation :29 April 1987 [P.U. (B) 236/87]
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ARRANGEMENT OF SECTIONS
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Long Title & Preamble

PART I - PRELIMINARY

Section 1. Short title, application and commencement.
Section 2. Interpretation.
Section 3. Saving of prerogative.
Section 4. Application.
Section 5. Criterion for deciding whether a person is a Muslim.
Section 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.
Section 8. Minimum age for marriage.
Section 9. Relationships prohibiting marriage.
Section 10. Persons of other religions.
Section 11. Void marriages.
Section 12. Non-registrable marriages.
Section 13. Consent required.
Section 14. Marriage of a woman.
Section 15. Betrothal.
Section 16. Application for permission to marry.
Section 17. Issue of permission to marry.
Section 18. Reference to an action by Syar'iah Judge.
Section 19. Permission necessary before solemnization.
Section 20. Place of marriage.
Section 21. Mas kahwin and pemberian.
Section 22. Entry in Marriage Register.
Section 23. Polygamy.
Section 24. Solemnization of marriages in Malaysian Embassies, etc. abroad.

PART III - REGISTRATION OF MARRIAGES

Section 25. Registration.
Section 26. Marriage certificate and ta'liq certificate.
Section 27. Reporting of void or illegal marriages.
Section 28. Appointment of Chief Registrar, Registrars, Deputy Registrars and Assistant Registrars of Muslim Marriages, Divorces, and Ruju'.
Section 29. Books and Registers to be kept of all marriages.
Section 30. Copies of entries to be sent to Chief Registrar.
Section 31. Registration of foreign marriage of a person resident in the Federal Territory.
Section 32. Unlawful registers.
Section 33. Voluntary registration of Muslim marriages previously solemnized under any law.
Section 34. Legal effect of registration.

PART IV - PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES

Section 35. Omission to appear before Registrar within prescribed time.
Section 36. Contravention of section 32.
Section 37. Interference with marriage.
Section 38. False declaration or statement for procuring marriage.
Section 39. Unauthorized solemnization of marriage.
Section 40. Offences relating to solemnization of marriage.
Section 41. Sanction for prosecution.
Section 42. Correction of errors.
Section 43. Inspection of Marriage Register and index.
Section 44. Proof.

PART V - DISSOLUTION OF MARRIAGE

Section 45. Extent of power to make any order.
Section 46. Change of religion.
Section 47. Divorce by talaq or by order.
Section 48. Arbitration by Hakam.
Section 49. Khul' divorce or cerai tebus talaq.
Section 50. Divorce under ta'liq or stipulation.
Section 50A.Divorce by li'an.
Section 51. Resumption of conjugal relationship or ruju'.
Section 52. Order for dissolution of marriage or fasakh.
Section 53. Presumption of death.
Section 54. Maintenance of Register of Divorces and Annulments.
Section 55. Registration of Divorces.
Section 55A.Registration of divorces outside the Court.
Section 56. Mut'ah or consolatory gift to woman divorced without just cause.
Section 57. Right to mas kahwin, etc., not to be affected.
Section 58. Power of court to order division of harta sepencarian.

PART VI - MAINTENANCE OF WIFE, CHILDREN AND OTHERS

Section 59. Power of Court to order maintenance of wife, and the effect of nusyuz.
Section 60. Power of Court to order maintenance of certain persons.
Section 61. Assessment of maintenance.
Section 62. Power of Court to order security for maintenance.
Section 63. Compounding of maintenance.
Section 64. Duration of orders for maintenance.
Section 65. Right to maintenance or pemberian after divorce.
Section 66. Power of Court to vary orders for maintenance.
Section 67. Power of Court to vary agreements for maintenance.
Section 68. Maintenance payable under order of Court to be inalien-able.
Section 69. Recovery of arrears of maintenance.
Section 70. Interim maintenance.
Section 71. Right to accommodation.
Section 72. Duty to maintain children.
Section 73. Power of Court to order maintenance for children.
Section 74. Power of Court to order security for maintenance of a child.
Section 75. Power of Court to vary order for custody or maintenance of a child.
Section 76. Power of Court to vary agreement for custody or maintenance of a child.
Section 77. Recovery of arrears of maintenance of a child.
Section 78. Duty to maintain child accepted as member of family.
Section 79. Duration of order for maintenance of a child.
Section 80. Duty to maintain illegitimate children.

PART VII - GUARDIANSHIP

Hadanah or Custody of Children

Section 81. Persons entitled to custody of a child.
Section 82. Qualifications necessary for custody.
Section 83. How right of custody is lost.
Section 84. Duration of custody.
Section 85. Custody of illegitimate children.
Section 86. Power of the Court to make order for custody.
Section 87. Orders subject to conditions.

Guardianship of Person and Property

Section 88. Persons entitled to guardianship.
Section 89. Power over immovable and movable property.
Section 90. Appointment of guardians by the Court.
Section 91. Appointment of mother as testamentary guardian.
Section 92. Joint guardian with mother.
Section 93. Variation of power of guardian of property.
Section 94. Removal of guardian.
Section 95. Security to be given.
Section 96. Limitation of powers of guardian appointed by Court.
Section 97. Guardian may not give discharge for capital property.
Section 98. Guardian may support minor out of income.
Section 99. Special order in case of small estate,
Section 100. Application for opinion. etc.
Section 101. Prohibition order by Court.
Section 102. Guardian of orphan.
Section 103. [Repealed].
Section 104. Court to have regard to advice of welfare officers, etc.
Section 105. Power of Court to restrain taking of child out of Malaysia.

Other Reliefs

Section 106. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance.
Section 107. Injunction against molestation.

PART VIII - MISCELLANEOUS

Section 108. Recognition of Muslim marriages contracted outside the Federal Territory.
Section 109. Recognition of marriages contracted in Embassies, etc., in the Federal Territory.

Legitimacy

Section 110. Ascription of paternity.
Section 111. Birth more than four years after dissolution of marriage.
Section 112. Birth after declaration of completion of 'iddah.
Section 113. Syubhah intercourse.
Section 114. Conditions for valid acknowledgment.
Section 115. Presumption from acknowledgment rebuttable.
Section 116. Acknowledgment by a woman in 'iddah.
Section 117. Acknowledging another as mother or father.
Section 118. Acknowledgment other than as a child, mother, or father.
Section 119. Acknowledgment irrevocable.

Order to Resume Cohabitation

Section 120. Application by deserted wife.

Appeals

Section 121. Appeals.

Marriages Governed by Foreign Law

Section 122. [Repealed].

PART IX - PENALTIES

Section 123. Polygamy without Court's permission.
Section 124. Divorce outside Court and without Court's permission.
Section 125. Failure to report.
Section 126. Desertion of wife.
Section 127. III-treatment of wife.
Section 128. Failure to give proper justice to wife.
Section 129. Disobedience of wife.
Section 130. Apostacy to annul marriage.
Section 131. Illicit intercourse between divorced persons.
Section 132. Wilful neglect to comply with maintenance order.
Section 133. Attempts and abetment.

PART X - GENERAL

Section 134. Power to make rules.
Section 135. Cessation of application of Selangor Enactment 3/52.

SCHEDULE

NOTE

LIST OF AMENDMENTS
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