ENACTMENT NO. 12 OF 1985
ADMINISTRATION OF ISLAMIC FAMILY LAW ENACTMENT 1985

PART V - DISSOLUTION OF MARRIAGE



Section 50. 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 seven 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 Syara' to be dead, but a death certificate under the Births and Deaths Registration Act 1957 [Act 299] cannot be obtained, 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 thereafter the woman shall be at liberty to remarry in accordance with this Enactment.

(2) A certificate issued under subsection (1) shall be deemed to be a certificate of the death of the husband within the meaning of section 12(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




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