Original Enactment

SARAWAK

CHAPTER 43
ISLAMIC FAMILY LAW ORDINANCE, 2001

Date of Royal Assent :10 December 2001
Date of publication in the Gazette :27 December 2001
Date of coming into operation :1 December 2004 [Swk. L.N. 154/2004]
ARRANGEMENT OF SECTIONS
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Preamble

PART I - PRELIMINARY
Section 1. Short title and commencement
Section 2. Interpretation
Section 3. Application
Section 4. Criterion for deciding whether a person is a Muslim
Section 5. Subsisting valid marriages deemed to be registered under this Ordinance and dissoluble only under this Ordinance

PART II - MARRIAGE
Section 6. Persons by whom marriages may be solemnized and appointment of Wali Hakim
Section 7. Minimum age for marriages
Section 8. Relationship prohibiting marriage
Section 9. Void marriages
Section 10. Non-registrable marriages
Section 11. Consent required
Section 12. Marriages of a woman
Section 13. Betrothal
Section 14. Application for permission to marry
Section 15. Issue of permission to marry
Section 16. Reference to action by Syariah Judge
Section 17. Permission necessary before solemnization
Section 18. Place of marriage
Section 19.Mas Kahwin and Pemberian
Section 20. Entry in the Register of Marriages
Section 21. Polygamy
Section 22. Solemnization of marriages in Malaysian Embassies, etc., abroad

PART III - REGISTRATION OF MARRIAGES
Section 23. Registration
Section 24. Marriages certificate and ta’liq certificate
Section 25. Reporting void or illegal marriage
Section 26. Appointment of Chief Registrar, Registrars, Deputy Registrars and Assistant Registrars of Muslim Marriages, Divorces and Ruju’
Section 27. Books and Registers to be kept of all marriages
Section 28. Copies of entries to be sent to Chief Registrar
Section 29. Registration of foreign marriage of a person resident in State
Section 30. Unlawful registers
Section 31. Voluntary registration of Muslim marriages previously solemnized under any law
Section 32. Legal effect of registration

PART IV - PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES
Section 33. Omission to appear before the Registrar within prescribed time
Section 34. Contravention of section 30
Section 35. Interference with marriage
Section 36. False declaration, ‘iqrar or statement for procuring marriage
Section 37. Unauthorized solemnization of marriage
Section 38. Offences relating to solemnization of marriage
Section 39. Sanction to prosecute
Section 40. Correction of errors
Section 41. Inspection of Register of Marriages and index
Section 42. Proof

PART V - DISSOLUTION OF MARRIAGE

Section 43. Extent of power to make any order
Section 44. Change of religion
Section 45. Divorce by talaq or by order
Section 46. Arbitration by Hakam
Section 47. Divorce by khul’ or cerai tebus talaq
Section 48. Divorce under ta’liq or stipulation
Section 49. Divorce by li’an
Section 50. Resumption of conjugal relationship or ruju’
Section 51.Order for dissolution of marriages or fasakh
Section 52. Presumption of death
Section 53. Maintenance of Register of Divorces and Annulments
Section 54. Registration of divorces
Section 55. Registration of divorces outside the Court
Section 56. Mut’ah or consolatory gift to woman divorced without just cause
Section 57. Right to mas kahwin, etc. not affected
Section 58. Power of Court to order division of Harta sepencarian

PART VI - MAINTENANCE OF WIFE, CHILDREN ANND OTHERS

Section 59. Power of Court to order maintenance of wife, and the effect of nusyuz
Section 60. Power of Court to order maintenance of certain persons
Section 61. Assessment of maintenance
Section 62. Power of Court to order security for maintenance
Section 63. Compounding of maintenance
Section 64. Duration of orders for maintenance
Section 65. Right to maintenance or pemberian after divorce
Section 66. Power of Court to vary orders for maintenance
Section 67. Power of Court to vary agreements for maintenance
Section 68. Maintenance to any person under order of Court to be inalienable
Section 69. Recovery of arrears of maintenance
Section 70. Interim maintenance
Section 71. Right to accommodation
Section 72. Duty to maintain children
Section 73. Power of Court to order maintenance for children
Section 74. Power of Court to order security for maintenance of a child
Section 75. Power of Court to vary order for custody or maintenance of a child
Section 76. Power of Court to vary agreement for custody or maintenance of a child
Section 77. Recovery of arrears of maintenance of a child
Section 78. Duty to maintain child accepted as member of family
Section 79. Duration of order for maintenance of a child
Section 80. Duty to maintain illegitimate children
Section 81. Power of Court to make an attachment of earnings order
Section 82. Nature of attachment of earnings order
Section 83. Effect of attachment of earnings order
Section 84. Duty of defendant and employer to comply with attachment of earnings order

PART VII - GUARDIANSHIP

Hadanah or Custody of Children

Section 85. Persons entitled to custody of a child
Section 86. Qualifications necessary for custody
Section 87. How right of custody is lost
Section 88. Duration of custody
Section 89. Custody of illegitimate children
Section 90. Power of the Court to make order for custody
Section 91. Order subject to conditions
Section 92. Persons entitled to guardianship
Section 93. Power over immovable and movable property
Section 94. Appointment of guardians by the Court
Section 95. Appointment of mother as testamentary guardian
Section 96. Joint guardian with mother
Section 97. Variation of power of guardian of property
Section 98. Removal of guardian
Section 99. Security to be given
Section 100. Limitation of powers of guardian appointed by Court
Section 101. Guardian may not give discharge for capital property
Section 102. Guardian may support minor out of income
Section 103. Special order in case of small estate
Section 104. Application for opinion, etc.
Section 105. Prohibition order by Court
Section 106. Guardian of orphans
Section 107. Court to have regard to advice of welfare officers, etc.
Section 108. Power of Court to restrain taking of child out of Malaysia

Other Reliefs
Section 109. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance
Section 110. Injunction against molestation
Section 111. Prohibiting disposal of harta sepencarian

PART VIII - MISCELLANEOUS
Section 112. Recognition of Muslim marriages solemnized outside the State
Section 113. Recognition of marriages contracted in Embassies, etc., in the State

Legitimacy

Section 114. Ascription of paternity
Section 115. Birth more than four years after dissolution of marriage
Section 116. Birth after declaration of completion of ‘iddah
Section 117. Syubhah intercourse
Section 118. Conditions for valid acknowledgement
Section 119. Presumption from acknowledgement rebuttable
Section 120. Acknowledgement by a woman in ‘iddah
Section 121. Acknowledging another as mother or father
Section 122. Acknowledgement other than as a child, mother or father
Section 123. Acknowledgement irrevocable
Section 124. Application by deserted wife
Section 125. Will on property of adopted child

PART IX - APPEALS

Section 126. Appeals

PART X - PENALTIES

Section 127. Polygamy without the permission of the Court
Section 128. Divorce outside the Court and without the permission of the Court
Section 129. Failure to report
Section 130. Desertion of wife
Section 131. Ill-treatment of spouse
Section 132. Failure to give proper justice to wife
Section 133. Disobedient by wife
Section 134. Illicit intercourse between divorced persons
Section 135. Willful neglect to comply with order
Section 136. Attempts and abetments

PART XI - GENERAL

Section 137. Power to make rules
Section 138. Punishment in respect of offences not provided for
Section 139. Reference to Islamic Law
Section 140. Penalty for non-compliance with attachment of earnings order and for giving false notice or statement

PART XII - REPEAL AND SAVING PROVISIONS

Section 141. Repeal and saving provisions SCHEDULE
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