Original Enactment


KEDAH

ENACTMENT No. 1 Of 1984
ISLAMIC FAMILY ENACTMENT 1979

Date of Royal Assent :12 December 1983
Date of publication in the Gazette :5 Januari 1984
Date of coming into operation :1 Januari 1985 [K.P.U. 1/85]
ARRANGEMENT OF SECTIONS
_____________
Preamble.

PART I - PRELIMINARY

Section 1. Short title and commencement.
Section 2. Interpretation.
Section 3. Application.
Section 4. Marriage subsisting shall be deemed to be registered under this Enactment and may be dissolved only under this Enactment.

PART II - MARRIAGE

Section 5. Person who may contract a marriage.
Section 6. Marriage of a party under the minimum age.
Section 7. Prohibited marriage.
Section 8. Person of other religion.
Section 9. Invalid marriage.
Section 10. Consent required.
Section 11. Marriage of a female.
Section 12. Betrothal.
Section 13. Written consent.
Section 14. Place of marriage.
Section 15. Dowry and gifts.
Section 16. Certificate or consent required before marriage.
Section 17. Polygamy.
Section 18. Marriage at Malaysian Embassies etc. outside Malaysia.

PART III - REGISTRATION OF MARRIAGE

Section 19. Registration under this Enactment.
Section 20. Appointment of Chief Registrar and Assistant Registrar of Marriage, Divorce and Revocation.
Section 21. Registration.
Section 22. Register of marriage divorce and revocation in the State shall be maintained.
Section 23. Registration of marriage solemnized outside the state by a domicil or a resident of the State.
Section 24. Invalid Register.
Section 25. Voluntary registration of Muslim marriage prior to this Enactment under any law.
Section 26. Legal effect of registration.

PART IV - PENALTY AND MISCELLANEOUS PROVISIONS RELATING TO SOLEMNIZATION AND REGISTRATION OF MARRIAGE

Section 27. Failure to appear before the Registrar at the appointed time.
Section 28. Contravention of section 24.
Section 29. Onstructing a marriage.
Section 30. False declaration etc. to effect a marriage.
Section 31. Solemnization of marriage by unauthorised persons.
Section 32. Offences relating to solemnization of a marriage.
Section 33. Consent to prosecute.
Section 34. Rectification.
Section 35. Central Register.
Section 36. Proof.

PART V - DISSOLUTION OF MARRIAGE

Section 37. Jurisdiction.
Section 38. Jurisdiction relating to proceeding by wife whose husband is not a resident or a domicil in this State.
Section 39. Apostacy.
Section 40. Divorce by talak, order or shiqaq.
Section 41. Divorce by redemption or tebus talak.
Section 42. Divorce under taklik or agreements.
Section 43. Revocation of divorce.
Section 44. Order of dissolution of marriage or fasakh.
Section 45. Presumption of death.
Section 46. Maintenance of Central and District Registers.
Section 47. Muta'ah payable to women divorced without just cause.
Section 48. Rights of dowry and others not affected.
Section 49. Jurisdiction to order distribution of joint property.

PART VI - MAINTENANCE OF WIFE AND CHILDREN

Section 50. Power of Court to order maintenance to wife and disobedient wife.
Section 51. Assessment of maintenance.
Section 52. Power of Court to order security for maintenance.
Section 53. Settlement of maintenance.
Section 54. Duration of order of maintenance.
Section 55. Right to maintenance shall cease on the expiry of iddah or on the commission of adultery.
Section 56. Power of Court to vary maintenance order.
Section 57. Power of Court to vary maintenance agreements.
Section 58. Maintenance payable under order of Court is not assignable or transferable.
Section 59. Recovary of arrears of maintenance.
Section 60. Duty to maintain children and others.
Section 61. Power of Court to order maintenance for children.
Section 62. Power of Court to order security for maintenance of a child.
Section 63. Power of Court to vary the order of hadhanah or maintenance of a child.
Section 64. Power of Court to vary an agreement on hadhanah or maintenance of a child.
Section 65. Recovery of arrears of maintenance of a child.
Section 66. Duty to maintain a child recognized as a member of the family.
Section 67. Duration of maintenance order of a child.
Section 68. Duty to maintain an illegitimate child.

PART VII - HADHANAH

Section 69. Persons entitled to hadhanah.
Section 70. Qualifications necessary for a hadhinah.
Section 71. How the right to hadhanah to forfeited.
Section 72. Duration of hadhanah.
Section 73. Hadhanah of an illegitimate child.
Section 74. Power to Court to make order for hadhanah.
Section 75. Orders subject to conditions.
Section 76. Order determining the mother or father not fit to have hadhanah of child.
Section 77. Persons entitled to hadhanah.
Section 78. Power on immoveable and moveable property.
Section 79. Appointment of guardian by Court.
Section 80. Mother may be appointed an executrix or hadhinah.
Section 81. When a mother is appointed a hadhinah.
Section 82. Variation of administration of property.
Section 83. Dismissal of a guardian.
Section 84. Security shall be given.
Section 85. Limitation of power of guardian appointed by Court.
Section 86. Guardian may not give certificate of settlement regarding capital asset etc.
Section 87. Guardian may maintain children from income.
Section 88. Special order regarding property.
Section 89. Application for opinion, etc.
Section 90. Prohibitory order of Court.
Section 91. Guardian of an orphan, etc.
Section 92. Guardianship of Infants Act 1961 not applicable if contrary to Hukum Syarak.
Section 93. Court shall have regard to the advice of welfare officers, etc.
Section 94. Power of Court to restrain a child from being taken out of Malaysia.

OTHER RELIEFS

Section 95. Power of Court of annul and prevent transfer meant to defeat maintenance claim.
Section 96. Restraint against interference.

PART VIII - MISCELLANEOUS

Section 97. Recognition of marriage solemnized outside Malaysia.
Section 98. Recognition of marriage solemnized in the Embassies etc. in Malaysia.
Section 99. Presumption of fatherhood.
Section 100. Birth within four years of dissolution of marriage.
Section 101. Syubhah.
Section 102. Conditions requisite for a valid declaration.
Section 103. Presumption is rebuttable.
Section 104. Declaration by a wife who is still in iddah.
Section 105. Declaring a person to be mother or father.
Section 106. Declaration other than as a son, mother or father.
Section 107. Declaration is irrevocable.
Section 108. Appeal.

PART IX - PENALTIES

Section 109. Polygamy without approval of Court.
Section 110. Divorce outside Court and without approval of Court.
Section 111. Failure to report.
Section 112. Failure to cohabit.
Section 113. Cruelty to wife.
Section 114. Injustice to wife.
Section 115. Disobedient wife.
Section 116. Intentionally disobeying a maintenance order.
Section 117. Apostacy to dissolve marriage.
Section 118. Failure to report a marriage in contravention of this Enactment.
Section 119. Attempt, abettment.

PART X - GENERAL

Section 120. Marriage certificate of other states.
Section 121. Power to make rules and regulations.
Section 122. Hukum Syarak to be applied when there is a lacuna.
Section 123. Additional powers.
Section 124. Saving.
Section 125. Repeal.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE
Copyright © PNMB-LawNet. All rights reserved.