Section 18. Reference to an action by Syariah Judge (ISLAMIC FAMILY LAW ENACTMENT 2002

ENACTMENT NO. 6 OF 2002
ISLAMIC FAMILY LAW ENACTMENT 2002

PART II - MARRIAGE
Preliminaries to a Marriage

Section 18. Reference to an action by Syariah Judge

(1) In any of the following cases, that is to say-

(a)

where either of the parties to the intended marriage is below the age specified in section 8;

(b)

where the woman is a

janda

to whom subsection 14 (3) applies; or

(c)

where the woman has no

wali

from

nasab,

according to

Hukum Syarak,

the Registrar shall, instead of acting under section 17, refer the application to the Syariah Judge having jurisdiction in the place where the woman resides.

(2) The Syariah Judge on being satisfied of the truth of the matters stated in the application and the legality of the intended marriage and that the case is one that merits the giving of permission for the purposes of section 8, or permission for the purposes of subsection 14 (3), or his consent to the marriage being solemnized by wali Raja for the purposes of paragraph 13 (b), as the case may be, shall, at any time after reference of the application to him and upon payment of the prescribed fee, issue to the applicants his permission to marry in the prescribed form.