ENACTMENT NO. 12 OF 1985
ADMINISTRATION OF ISLAMIC FAMILY LAW ENACTMENT 1985
PART II - MARRIAGE
Section 12. 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 the period of 'iddah, which shall be calculated in accordance with Hukum Syara', 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 valid certificate of divorce issued under the law for the time being in force; or
(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'iah Judge having jurisdiction in the place where the application is made, to the effect that she is a janda;
(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'iah 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 expiry of the period of 'iddah, which shall be calculated in accordance with Hukum Syara';
(b) she shall not be married unless she has produced a certificate of the death of her late husband or otherwise proved his death.
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