Section 59. Authority to solemnise. (THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,

ENACTMENT NO. 8 OF 1982
THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982

PART IV - MARRIAGE, DIVORCE AND RUJUK

Section 59. Authority to solemnise.

(1) A marriage may only be solemnised according to Hukum Syara' by the Juru Nikah or Wali Hakim in their respective area of Jurisdiction or it may also be solemnised by a Wali or his agent provided that he has obtained the consent of the Registrar of that area.

(2) A Juru Nikah may solemnise a marriage at the request of the Wali of the woman to be wedded but before solemnising such marriage he shall make full enquiry in order to satisfy himself that there is no lawful objection according to Hukum Syara'

to the marriage and he shall not perform the ceremony until he is so satisfied. For the purpose of such enquiry he may require any Muslim to appear before him to give oral or documentary evidence.

(3) If the woman to be wedded shall have no wali or a wali refuses to give his consent to the marriage without sufficient cause, the marriage may be solemnised by a Juru Nikah for the area in which the woman to be wedded normally resides but before solemnising the marriage, the Juru Nikah shall conduct an enquiry in accordance with subsection (2) provided that in the case where a wali refuses to give his consent, the marriage may only be so1emnised if the woman is sixteen years of age or more.