Section 14. Marriage of a woman. (ISLAMIC FAMILY LAW ENACTMENT 2004

ENACTMENT NO. 8 OF 2004
ISLAMIC FAMILY LAW ENACTMENT 2004

PART II - MARRIAGE

Section 14. Marriage of a woman.

(1) No woman shall, during the subsistence of her marriage to a man, be married to any other man.

(2) Where the woman is a janda-

(a)

subject to paragraph

(c),

she shall not, at any time prior to the expiry of her period of

'iddah,

which shall be calculated in accordance with Islamic Law, be married to any person other than to the man from whom she was last divorced;

(b)

she shall not be married unless she has produced-

(i) a certificate of divorce lawfully issued under the law for the time being in force;

(ii) a certified copy of the entry relating to her divorce in the appropriate register of divorce; or

(iii) a certificate, which may, upon her application, be granted after due inquiry by the

Syar'ie

Judge having jurisdiction in the place where the application is made, to the effect that she is a

janda;

and

(c)

if the divorce was by

ba-in kubra,

that is to say three

talaq,

she shall not be remarried to her previous husband, unless she has been lawfully married to some other person and the marriage has been consummated and later lawfully dissolved and the period of

'iddah

has expired.

(3) If the woman alleges she was divorced before the marriage had been consummated, she shall not during the ordinary period of 'iddah for a divorce be married to any person other than her previous husband, except with the permission of the Syar'ie Judge having jurisdiction in the place where she resides.

(4) Where the woman is a widow-

(a)

she shall not be married to any person at any time prior to the expiration of the period of

'iddah,

which shall be calculated in accordance with Islamic Law; and

(b)

she shall not be married unless she has produced a certificate of the death of the late husband or otherwise proved his death.