Original Enactment


PAHANG

ENACTMENT NO. 3 OF 1987
ISLAMIC FAMILY LAW ENACTMENT 1987

Date of Royal Assent :20 May 1987
Date of publication in the Gazette :2 Julai 1987
Date of coming into operation :1 Mei 1988 [Phg GN 304/1988]
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. Application.
Section 5. Criterion for deciding whether a person is a Muslim.
Section 6. Subsisting 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. Prohibited marriages.
Section 10. Persons of other religions.
Section 11. Void marriges.
Section 12. Non-registrable marriages.
Section 13. Consent required.
Section 14. Marriage of a woman.
Section 15. Betrothal.
Section 16. Application for permission to marry.
Section 17. Issue of permission to marry.
Section 18. Reference to and action of Syariah Judge.
Section 19. Permission necessary before solemnization.
Section 20. Place of marriage.
Section 21. Mas Kahwin and pemberian.
Section 22. Entry in Marriage Register.
Section 23. Polygamy.
Section 24. Solemnization or marriages in Malaysian Embassies, etc. abroad.

PART III - REGISTRATION OF MARRIAGES

Section 25. Registration.
Section 26. Marriage certificate and ta'liq certificate.
Section 27. Reporting of void or illegal marriages.
Section 28. Appointment of Chief Registrar, Registrars, and Assistant Registrars of Muslim Marriages, Divorces and Ruju'.
Section 29. Books and Registers 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 resident in the State of Pahang.
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 period.
Section 36. Contravention of section 32.
Section 37. Interference with marriages.
Section 38. False declaration or statement for procuring marriage.
Section 39. Unauthorised solemnization of marriage.
Section 40. Offences relating to solemnization of marriage.
Section 41. Correction of errors.
Section 42. Inspection of Marriage Register and index.
Section 43. Proof.
Section 44. Sanction to prosecute from the Mufti.

PART V - DISSOLUTION OF MARRIAGE

Section 45. Extent of power to make any order.
Section 46. Change of religion.
Section 47. Divorce by talaq or by order.
Section 48. Arbitration by Hakam.
Section 49. Divorce by khul' or tebus talaq.
Section 50. Divorce under ta'liq.
Section 51. Ruju'.
Section 52. Fasakh.
Section 53. Resumption of cohabitation.
Section 54. Presumption of death.
Section 55. Maintenance of Register of Divorces and Annulments.
Section 56. Order of divorce shall not be registered unless order of maintenance, custody, etc., has been made.
Section 57. Mut'ah or consolatory gift to woman divorced without just cause.
Section 58. Right to mas kahwin etc., not to be affected.
Section 59. Power to Court to order the division of harta sepencarian.

PART VI - MAINTENANCE OF WIFE, CHILDREN AND OTHERS

Section 60. Power of Court to order maintenance of wife, and the effect of nusyuz.
Section 61. Power of Court to order maintenance of certain persons.
Section 62. Assessment of maintenance.
Section 63. Power of Court to order security for maintenance.
Section 64. Compounding of maintenance.
Section 65. Duration of orders of maintenance.
Section 66. Right to maintenance or pemberian after divorce.
Section 67. Power of Court to vary orders for maintenance.
Section 68. Power of Court to vary agreement for maintenance.
Section 69. Maintenance payable under order of Court to be inalienable.
Section 70. Recovery of arrears of maintenance.
Section 71. Interim maintenance.
Section 72. Right to accommodation.
Section 73. Duty to maintain children.
Section 74. Power of Court to order maintenance for children.
Section 75. Power of Court to order security for maintenance of a child.
Section 76. Power of Court to vary orders for custody or maintenance of a child.
Section 77. Power of Court to vary agreements for custody or maintenance of a child.
Section 78. Recovery of arrears of maintenance of a child.
Section 79. Duty to maintain child accepted as member of family.
Section 80. Duration of orders for maintenance of a child.
Section 81. Duty to maintain illegitimate children.

PART VII - GUARDIANSHIP

Hadhanah or Custody of Children

Section 82. Persons entitled to custody of a child.
Section 83. Qualifications necessary for custody.
Section 84. How right of custody is lost.
Section 85. Duration of custody.
Section 86. Custody of illegitimate children.
Section 87. Power of the Court to make order for custody.
Section 88. Orders subject to conditions.

Guardianship of Person and Property

Section 89. Persons entitled to guardianship.
Section 90. Power immovable and movable property.
Section 91. Appointment of guardians by the Court.
Section 92. Appointment of mother as testamentary guardian.
Section 93. Joint guardian with mother.
Section 94. Variation of power of guardian of property.
Section 95. Removal of guardian.
Section 96. Security to be given.
Section 97. Limitation of powers of guardian appointed by Court.
Section 98. Guardian may no give discharge for capital property.
Section 99. Guardian may support minor out of income.
Section 100. Special order in case of small estate.
Section 101. Application for opinion, etc.
Section 102. Prohibition order by Court.
Section 103. Guardian of orphan.
Section 104. Guardianship of Infants Act 1961 not to apply if contrary to the religion of Islam.
Section 105. Court to have regard to advice of welfare officers, etc.
Section 106. Power of Court to restrain taking of Child out of Malaysia.

Other Reliefs

Section 107. Power of Court to revoke and prevent dispositions intended to defeat claims to maintenance.
Section 108. Injunction against molestation.

PART VIII - MISCELLANEOUS

Section 109. Recognition of Muslim marriages contracted outside the State of Pahang.
Section 110. Recognition of marriages contracted in Embassies, etc., in the State of Pahang.

Legitimacy

Section 111. Ascription of paternity.
Section 112. Birth more than four years after dissolution of marriage.
Section 113. Birth after declaration of completion of idah.
Section 114. Syubhah intercource.
Section 115. Conditions for valid acknowledgement.
Section 116. Presumption from acknowledgement rebuttable.
Section 117. Acknowledgement by a woman in idah.
Section 118. Acknowledging another as mother or father.
Section 119. Acknowledgement other than as a child, mother or father.
Section 120. Acknowledgement irrevocable.

Order to Resume Cohabitation

Section 121. Application by deserted wife.

Marriages Governed by Foreign Law

Section 122. Marriages governed by foreign law or celebreted abroad under this Enactment.

Appeals

Section 123. Appeals

PART IX - PENALTIES

Section 124. Polygamy without Syariah Judge's permission.
Section 125. Divorce outside Court and without Court's permission.
Section 126. Failure to report.
Section 127. Desertion of wife.
Section 128. Illtreatment of wife.
Section 129. Failure to give proper justice to wife.
Section 130. Disobedience of wife.
Section 131. Apostacy to annul marriage.
Section 132. Illicit intercourse between divorced persons.
Section 133. Wilful failure to comply with maintenance order.
Section 134. Attempts and abetment.
Section 135. Contempt of Court.

PART X - GENERAL

Section 136. Power to make rules.
Section 137. Repealed and saving.

SCHEDULE
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