Section 109. Recognition of marriages contracted in Embassies, etc. in the State of Penang. (ISLAMIC FAMILY LAW (STATE OF PENANG) ENACTMENT 1985

ENACTMENT NO. 2 OF 1985
ISLAMIC FAMILY LAW (STATE OF PENANG) ENACTMENT 1985

PART VIII - MISCELLANEOUS

Section 109. Recognition of marriages contracted in Embassies, etc. in the State of Penang.

(1) A Muslim marriage of persons who are not Malaysian citizens contracted in any foreign Embassy, High Commission, or Consulate in the State of Penang shall be recognized as valid for all purposes of this Enactment if-

(a) it was contracted in a form required or permitted by the law of the country whose Embassy, High Commission or Consulate it is, or in a form permitted under this

Enactment;

(b) each of the parties had, at the time of the marriage, capacity to marry under the law of the place of his or her residence; and

(c) where either of the parties is a resident of the State of Penang, both parties had capacity to marry according to this Enactment.

(2) A Muslim marriage contracted under subsection (1) shall not be registrable under this Enactment if the marriage would have been in contravention of section 23 had the marriage been contracted within the State of Penang outside the foreign Embassy, High Commission, or Consulate.