ENACTMENT NO. 5 OF 1956 ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956
PART VI - MARRIAGE AND DIVORCE
Section 131. Presumption of death.
(1) If the husband of any married woman is believed to have died, or has not been heard of in such circumstances that he ought, for the purpose of enabling his wife to remarry, to be presumed in accordance with the Law of the Religion of Islam to be dead, but a death certificate under the Births and Deaths Registration Enactment [F.M.S. Cap. 190] cannot be obtained, a Kathi may, on the application of the wife and after such enquiry as may be proper, issue in accordance with the Law of the Religion of Islam a certificate of presumption of death of the husband, and thereafter the wife shall be at liberty to remarry in accordance with the provisions of this Enactment, and such certificate shall be deemed to be a certificate of the death of the husband within the meaning of sub-paragraph (i) of paragraph (b) of section 121 of this Enactment.
(2) In the circumstances aforesaid, a woman shall not be entitled to remarry in the absence of a certificate issued under sub-section (1) of this section, notwithstanding that the High Court may have given leave to presume the death of the husband.
(3) A certificate issued under sub-section (1) of this section shall be registered as if it effected a divorce.