Section 16. Reference to and action by Syar’iah Judge. (ADMINISTRATION OF ISLAMIC FAMILY LAW ENACTMENT 1985

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

PART II - MARRIAGE
Preliminaries to a Marriage

Section 16. Reference to and action by Syar’iah Judge.

(1) In any of the following cases, that is to say-

(a)

where either of the parties to the intended marriage is below the age specified in section 7; or

(b)

where the woman is a

janda

to whom section 12(3) applies; or

(c)

where the woman has no

wali

from

nasab,

according to Hukum Syara',

the Regitrar shall, instead of acting under section l5, refer the application to the Syar'iah Judge having jurisdiction in the place where the woman resides.

(2) The Syar'iah Judge, on being satisfied of the truth of the matters stated in the application and the legality of the intended marriage and that the case in one that merits the giving of permission for the purposes of section 7, or permission for the purposes of section 12(3), or his consent to the marriage for the purposes of section 11(b), as the case may be, shall, at any time after reference of the application to him and upon payment of the prescribed fee, issue to the applicants his permission to marry in the prescribed form.