Section 16. Reference to an action Syar'iah Judge. (ISLAMIC FAMILY LAW ENACTMENT 1984

ENACTMENT NO. 13 OF 1984
ISLAMIC FAMILY LAW ENACTMENT 1984

PART II - MARRIAGE

Section 16. Reference to an action Syar'iah Judge.

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

(a) where the woman is a

janda

to whom section 12(3) applies; or

(b) where the woman has no

wali

from

nasab

, according to Hukum Syara';

the Registrar shall, instead of acting under section 15, 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 is one that merits the giving of permission for the purposes of section 12(3), or his consent to the marriage being solemnized by wali Hakim for the purpose 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 application to him and upon payment of the prescribed fee, issue to the applicants his permission to marry in the prescribed form.