Original Enactment


NEGERI PERAK

ENACTMENT NO. 13 OF 1984
ISLAMIC FAMILY LAW ENACTMENT 1984

Date of Royal Assent :22 January 1985
Date of publication in the Gazette :14 December 1985
Date of coming into operation :1 February 1989 [Pk. G.N. 84A/1989]
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. Subsisting valid marriages deemed to be registered under this Enactment an dissolube only under this Enactment.

PART II - MARRIAGE

Section 6. Persons by whom marriages may be solemnized.
Section 7. Prohibited marriages.
Section 8. Persons of other religions.
Section 9. Void marriages.
Section 10. Non-registrable 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 certification to marry.
Section 16. Reference to an action 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.
Section 25. Reporting of void or illegal marriages.
Section 26. Appointment of Chief Registrar, 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 the State of Perak.
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 and index.
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. Divorce by tebus talaq.
Section 47. Divorce under ta'liq.
Section 48. Ruju'.
Section 49. Fasakh.
Section 50. Resumption of cohabitation.
Section 51. Maintenance of Register of Divorces and Annulments.
Section 52. Mut'ah or consolatory gift to woman divorced without just cause.
Section 53. Right to mas kahwinetc not to be affected.
Section 54. [No title]

PART VI - MAINTENANCE OF WIFE, CHILDREN AND OTHERS

Section 55. Power of Court to order maintenance of wife and the choct of nusyuz.
Section 56. Power of Court to order maintenance of certain persons.
Section 57. Assessment of maintenance.
Section 58. Power of Court to order security for maintenance.
Section 59. Compounding of maintenance.
Section 60. Duration of orders for maintenance.
Section 61. Right to maintenance or pemberian after divorce.
Section 62. Power of Court to vary orders for maintenance.
Section 63. Power of Court to vary agreement for maintenance.
Section 64. Maintenance payable under order of Court to be inalienable.
Section 65. Recovery of arrears of maintenance.
Section 66. Interim maintenance.
Section 67. Right to accommodation.
Section 68. Duty to maintain children.
Section 69. Power of Court to order maintenance for children.
Section 70. Power of Court to order security for maintenance of a child.
Section 71. Power of Court to vary order for custody or maintenance of a child.
Section 72. Power of Court to vary-agreement for custody or maintenance of a child.
Section 73. Recovery of arrears of maintenance of a child.
Section 74. Duty to maintain child accepted as member of family.
Section 75. Duration of order for maintenance of a child.
Section 76. Duty to maintain illegitimate children.

PART VII - GUARDIANSHIP

Hadanah or Custody of Children

Section 77. Persons entitled to custody of a child.
Section 78. Qualifications necesary for custody.
Section 79. How right of custody is lost.
Section 80. Duration of custody.
Section 81. Custody of illegitimate children.
Section 82. Power of the Court to make order for custody.
Section 83. Orders subject to conditions.

Guardian of Person and Property

Section 84. Persons entitled to guardianship.
Section 85. Power over immovable and movable property.
Section 86. Appointment of guardians by the Court.
Section 87. Appointment of mother as testamentary guardian.
Section 88. Joint guardian with mother.
Section 89. Variation of power of guardian of property.
Section 90. Removal of guardian.
Section 91. Security to be given.
Section 92. Limitation of powers of guardian appointed by Court.
Section 93. Guardian may not give discharge for capital property.
Section 94. Guardian may support minor out of income.
Section 95. Special order in case of small estate.
Section 96. Application for opinion, etc.
Section 97. Prohibition order by Court.
Section 98. Guardian of orphan.
Section 99. Guardian-ship of Infants Act 1961 not to apply if contrary to the religion of Islam.13/61.
Section 100. Court to have regard to advice of welfare officers, etc.
Section 101. Power of Court to restrain taking of child out of Malaysia.

Other Reliefs

Section 102. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance.
Section 103. Injunction against molestation.

PART VIII - MISCELLANEOUS

Section 104. Recognition of Muslim marriages contracted outside the State of Perak.
Section 105. Recognition of marriages contracted in Embassies, etc. in the State of Perak.

Legitimacy

Section 106. Ascription of paternity.
Section 107. Birth more than four years after dissolution of marriage.
Section 108. Birth after declaration of completion of 'iddah.
Section 109. Syubhah, intercourse.
Section 110. Conditions for valid acknowledgement.
Section 111. Presumption from acknowledgement rebuttable.
Section 112. Acknowledgement by a women in 'iddah.
Section 113. Acknowledging another as mother or father.
Section 114. Acknowledgment other than as a child, mother of father.
Section 115. Acknowledgment irrevocable.

Order to Resume Cohabitation

Section 116. Application by deserted wife.

Marriages Governed by Foreign Law

Section 117. Marriages governed by foreign law or celebrated abroad under this Enactment.

PART IX - PENALTIES

Section 118. Polygamy without kadi's certification.
Section 119. Divorce outside without Court and Court's permission.
Section 120. Failure to report.
Section 121. Desertion of wife.
Section 122. Ill-treatment of wife.
Section 123. Failure to give proper justice to wife.
Section 124. Disobedience of wife.
Section 125. Apostgacy to annul marriage.
Section 126. Illicit inter-course between divorced persons.
Section 127. Wilful neglect to comply with maintenance order.
Section 128. Attempts and abetment.
Section 129. Contempt of court.

PART X - GENERAL

Section 130. Power make rules.
Section 131. Repeal and saving.
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