ENACTMENT NO. 6 OF 2002
ISLAMIC FAMILY LAW ENACTMENT 2002

PART V - DISSOLUTION OF MARRIAGE



Section 54. Presumption of death

(1) If the husband of any woman has died, or is believed to have died, or has not been heard of for a period of four years or more, and the circumstances are such that he ought, for the purpose of enabling the woman to remarry, to be presumed in accordance with Hukum Syarak to be dead, the Court may, on the application of the woman and after such inquiry as may be proper, issue in the prescribed form a certificate of presumption of death of the husband and the Court may on the application of the woman make an order for the dissolution of marriage of fasakh as provided for under section 53.

(2) A certificate issued under subsection (1) shall be deemed to be a certificate of the death of the husband within the meaning of paragraph 14 (4) (b).

(3) In the circumstances mentioned in subsection (1), a woman shall not be entitled to remarry in the absence of a certificate issued under subsection (1), notwithstanding that the High Court may have given leave to presume the death of the husband.

(4) A certificate issued under subsection (1) shall be registered as if it effected a divorce.




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