Original Enactment


NEGERI TERENGGANU

ENACTMENT NO. 12 OF 1985
ADMINISTRATION OF ISLAMIC FAMILY LAW ENACTMENT 1985

Date of Royal Assent :29 Disember 1986
Date of publication in the Gazette :1 Januari 1987
Date of coming into operation :1 Ogos 1987 [Tr.P.U. 16/87]
ARRANGEMENT OF SECTIONS
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Preamble.

PART I - PRELIMINARY

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

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

PART III - REGISTRATION OF MARRIAGES
Section 23. Registration.
Section 24. Marriage certificate and ta’liq certificate.
Section 25. Reporting of void or illegal marriages.
Section 26. Appointment of Chief Registrar, Deputy Registrars, and Assistant Registrars, of Muslim Marriages, Divorces, and Ruju’, and of Jurunikah.
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 Terengganu.
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 Registrar within prescribed time.
Section 34. Contravention of section 30.
Section 35. Interference with marriage.
Section 36. False declaration or statement for procuring marriage.
Section 37. Unauthorized solemnization of marriage.
Section 38. Offences relating to solemnization of marriage.
Section 39. Correction of errors.
Section 40. Inspection of Marriage Register.
Section 41. Proof.

PART V - DISSOLUTION OF MARRIAGE
Section 42. Extent of power to make any order.
Section 43. Change of religion.
Section 44. Divorce by talaq or by order.
Section 45. Arbitration by hakam.
Section 46.Khulu’ divorce or cerai tebus talaq.
Section 47. Divorce under ta’liq or stipulation.
Section 48. Resumption of conjugal relationship or ruju’
Section 49. Order for dissolution of marriages of fasakh.
Section 50. Presumption of death.
Section 51. Maintenance of Register of Divorces and Annulments.
Section 52. Order of divorce shall not be registered unless order of maintenance, custody, etc., has been made.
Section 53. Correction of errors.
Section 54. Inspection of Register of Divorces and Annulments.
Section 55.Mut’ah or consolatory gift to woman divorced without just cause.
Section 56. Right to mas kahwin, etc., not to be affected.
Section 57. Power of Court to order division or harta sepencarian.

PART VI - MAINTENANCE OF WIFE, CHILDREN, AND OTHERS
Section 58. Power of Court to order maintenance of wife, and the effect of nusyuz.
Section 59. Power of Court to order maintenance of certain persons.
Section 60. Assessment of maintenance.
Section 61. Power of Court to order security for maintenance.
Section 62. Compounding of maintenance.
Section 63. Duration of orders for maintenance.
Section 64. Right to maintenance after divorce.
Section 65. Power of Court to vary orders for maintenance.
Section 66. Power of Court to vary agreements for maintenance.
Section 67. Maintenance payable under order of Court to be inalienable.
Section 68. Recovery of arrears of maintenance.
Section 69. Interim maintenance.
Section 70. Right to accommodation.
Section 71. Duty to maintain children.
Section 72. Power of Court to order maintenance for children.
Section 73. Power of Court to order security for maintenance of a child.
Section 74. Power of Court to order for custody or maintenance of a child.
Section 75. Power of Court to vary agreement for custody or maintenance of a child.
Section 76. Recovery of arrears of maintenance of a child.
Section 77. Duty to maintain child accepted as member of family.
Section 78. Duration of order for maintenance of a child.
Section 79. Duty to maintain illegitimate children.

PART VII - GUARDIANSHIP
Section 80. Persons entitled to custody of a child.
Section 81. Qualifications necessary for custody.
Section 82. How right of custody is lost.
Section 83. Duration of custody.
Section 84. Custody of illegitimate children.
Section 85. Power of the Court to make order for custody.
Section 86. Orders subject to conditions.
Section 87. Persons entitled to guardianship.
Section 88. Power over immovable and movable property.
Section 89. Appointment of guardians by the Court.
Section 90. Appointment of mother as testamentary guardian.
Section 91. Joint guardian with mother.
Section 92. Variation of power of guardian of property.
Section 93. Removal of guardian.
Section 94. Security to be given.
Section 95. Limitation of powers of guardian appointed by Court.
Section 96. Guardian may not give discharge for capital property.
Section 97. Guardian may support minor out of income.
Section 98. Special order in case of property of minor.
Section 99. Application for opinion, etc.
Section 100. Prohibition order by Court.
Section 101. Guardian of orphan.
Section 102. Guardianship of Infants Act 1961 not to apply of contrary to the Religion of Islam.
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.
Section105. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance.
Section106. Injunction against molestation. PART VIII - MISCELLANEOUS
Section 107. Recognition of Muslim marriages contracted outside Terengganu.
Section 108. Recognition of marriages contracted in Embassies, etc., in Malaysia.
Section 109. Who can be deemed to be the father.
Section 110. Birth after admission that period of ‘iddah has expired.
Section 111. Child from syubhat intercourse.
Section 112. Conditions for valid acknowledgment.
Section 113. Presumption from acknowledgment rebuttable.
Section 114. Acknowledgment by a woman in ‘iddah.
Section 115. Acknowledging another as mother or father.
Section 116. Acknowledgement other than as a child, mother or father.
Section 117. Acknowledgement irrevocable.
Section 118. Application by deserted wife.
Section 119. Appeals. PART IX - OFFENCES AND PENALTIES

Section120. Polygamy without permission of Syar’iah Judge.
Section121. Divorce outside Court and without Court’s permission.
Section122. Failure to report.
Section123. Desertion of wife.
Section124. Ill-treatment of wife.
Section125. Failure to give proper justice to wife.
Section126. Disobedience by wife.
Section127. Apostacy to annul marriage.
Section128. Resumption of cohabitation during the period of ‘iddah raj’i.
Section129. Ruju’ without consent from the wife.
Section130. Wilful neglect to comply with maintenance order.
Section131. Attempts and abetment. PART X - GENERAL
Section 132. Power to makes rules.
Section 133. Repeal.
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