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

PART II - MARRIAGE



Section 13. Betrothal.

If any person has, either orally or in writing, and either personally or through an intermediary, entered into a contract of betrothal in accordance with Hukum Syara', and subsequently refuses without lawful reason to marry the other party, the other party being willing to marry, the party in default, if a man, shall pay as damages the amount of the mas kahwin that would have been payable or, in the absence of any agreement fixing the amount of the mas kahwin payable, an amount that the Court thinks proper having regard to the requirements of Hukum Syara', together with other moneys expended by or for the woman in good faith in preparation for the marriage, or, if a woman, shall return the betrothal gifts, if any, or the value thereof and shall pay as damages other moneys expended by or for the man in good faith in preparation for the marriage, and the damages and betrothal gifts, or the value thereof, may be recovered by action in the Court.




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