Original Enactment


NEGERI PERLIS

ENACTMENT NO. 4 OF 1992
ISLAMIC FAMILY LAWS ENACTMENT 1991

Date of Royal Assent :20 July 1992
Date of publication in the Gazette :24 September 1992
Date of coming into operation :8 November 2006 [Ps. P.U. 2/07]
ARRANGEMENT OF SECTIONS
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Preamble.

PART I - PRELIMINARY

Section 1. Short title, application and commencement.
Section 2. Interpretation.
Section 3. Saving of prerogative.
Section 4. Application.
Section 5. Criterion for deciding whether a person is a Muslim.
Section 6. Subsisting valid marriages deemed to be registered under this Enactment and dissoluble only under this Enactment.

PART II -MARRIAGE

Section 7. Persons by whom marriages may be solemnized.
Section 8. Minimum age for marriage.
Section 9. Relationship prohibiting marriage.
Section 10. Persons of other religions.
Section 11. Void marriages.
Section 12. Non-registrable marriages.
Section 13. Consent required.
Section 14. Marriage of a woman.
Section 15. Betrothal.

PRELIMINARIES TO A MARRIAGE
Section 16. Application for permission to marry.
Section 17. Issue of permission to marry.
Section 18. Reference to and action by Syariah Judge.
Section 19. Permission necessary before solemnization.
Section 20. Place of marriage.
Section 21. Mas kahwin dan pemberian.
Section 22. Entry in Marriage Register.
Section 23. Polygamy.
Section 24. Solemnization of marriages in Malaysian Embassies, etc., abroad.

PART III - REGISTRATION OF MARRIAGE
Section 25. Registration.
Section 26. Marriage certificate.
Section 27. Reporting of void or illegal marriages.
Section 28. Appointment of Chief Registrar, Registrars, Deputy Registrars and Assistant Registrars of Muslim Marriages, Divorces and Rujuk.
Section 29. Books and Registrars to be kept of all marriages.
Section 30. Copies of entries to be sent to Chief Registrar.
Section 31. Registration of foreign marriage of a person in the State of Perlis.
Section 32. Unlawful registers.
Section 33. Voluntary registration of Muslim marriages previously solemnized under any law.
Section 34. Legal effect of registration.

PART IV - PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES
Section 35. Omission to appear before Registrar within prescribed time.
Section 36. Contravention of section 32.
Section 37. Interference with marriage.
Section 38. False declaration or statement for procuring marriage.
Section 39. Unauthorized solemnization of marriage.
Section 40. Offences relating to solemnization of marriage.
Section 41. Sanction for prosecution.
Section 42. Correction of errors.
Section 43. Inspection of Marriage Register and index.
Section 44. Proof.

PART V - DISSOLUTION OF MARRIAGE
Section 45. Extent of power to make any order.
Section 46. Change of religion.
Section 47. Divorce by talak or order.
Section 48. Arbitration by Hakam.
Section 49. Khuluk divorce or cerai tebus talak.
Section 50. Divorce by lian.
Section 51. Resumption of conjugal relationship or rujuk.
Section 52. Order for dissolution of marriage or fasakh.
Section 53. Presumption of death.
Section 54. Maintenance of Registrar of Divorces and Annulments.
Section 55. Order of divorce shall not be registered unless Court has made an order.
Section 56. Mutaah or consolatory gift to woman divorced without just cause.
Section 57. Right to mas kahwin, etc., not to be affected.
Section 58. Power of Court to order division of harta sepencarian.

PART VI - MAINTENANCE OF WIFE, CHILDREN AND 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 of 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 payable 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 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.

PART VII - GUARDIANSHIP

Hadanah or Custody of Children
Section 81. Persons entitled to custody of a child.
Section 82. Qualifications necessary for custody.
Section 83. How right of custody is lost.
Section 84. Duration of custody.
Section 85. Custody of illegitimate children.
Section 86. Power of the Court to make order for custody.
Section 87. Orders subject to conditions.

Guardianship of Person and Property
Section 88. Persons entitled to guardianship.
Section 89. Power over immovable and movable property.
Section 90. Appointment of guardians by the Court.
Section 91. Appointment of mother as testamentary guardian.
Section 92. Joint guardian with mother.
Section 93. Variation of power of guardian of property.
Section 94. Removal of guardian.
Section 95. Security to be given.
Section 96. Limitation of powers of guardian appointed by Court.
Section 97. Guardian may not give discharge for capital property.
Section 98. Guardian may support minor out of income.
Section 99. Special order in case of small estate.
Section 100. Application for opinion, etc.
Section 101. Prohibition order by Court.
Section 102. Guardian of orphan.
Section 103. Court to have regard to advice of welfare officers, etc.
Section 104. Power of Court to restrain taking of child out of Malaysia.

Other Reliefs
Section 105. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance.
Section 106. Injunction against molestation.

PART VIII - MISCELLANEOUS
Section 107. Recognition of Muslim marriages contracted outside the State of Perlis.
Section 108. Recognition of marriages contracted in Embassies, etc., in the State of Perlis.

Legitimacy
Section 109. Ascription of paternity.
Section 110. Birth more than one year after dissolution or marriage.
Section 111. Birth after declaration of completion of iddah.
Section 112. Syubhah intercourse.
Section 113. Conditions for valid acknowledgement.
Section 114. Presumption from acknowledgement rebuttable.
Section 115. Acknowledgement by a women in iddah.
Section 116. Acknowledging another as mother or father.
Section 117. Acknowledgement other than as a child, mother or father.
Section 118. Acknowledgement irrevocable.

Order to Resume Cohabitation
Section 119. Application by deserted wife.

Appeals
Section 120. Appeals.

PART IX - PENALTIES
Section 121. Polygamy without Court’s permission.
Section 122. Divorce outside Court and without Court’s permission.
Section 123. Failure to report.
Section 124. Desertion of wife.
Section 125. Ill-treatment of wife.
Section 126. Failure to give proper justice to wife.
Section 127. Disobedience of wife.
Section 128. Apostacy to annul marriage.
Section 129. Illicit intercourse between divorced persons.
Section 130. Willful neglect to comply with the order.
Section 131. Attempts and abetment.

PART X - GENERAL
Section 132. Power to make rules.
Section 133. Cessation of application of Perlis Enactment 3/64.

Schedule.
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