Section 13. Consent required. (ISLAMIC FAMILY LAW ENACTMENT 1983

ENACTMENT NO. 1 OF 1983
ISLAMIC FAMILY LAW ENACTMENT 1983

PART III - MARRIAGE AND REGISTRATION

Section 13. Consent required.

(1) A marriage shall be void and shall not be registered under the provisions of this Enactment unless both parties to the marriage have consented thereto and either-

(a) the wali of the bride has consented to the, marriage in accordance with Hukum Syarak; or

(b) the Qadhi having jurisdiction in the place where the bride is domiciled or any person generally or specially authorised thereto by him has, after due inquiry in the presence of all parties, granted his consent to the marriage as wali raja in accordance with Hukum Syarak. Such consent may be given where the wali cannot be found or where the wali refuses his consent without sufficient reason.

(2) The marriage of an anak dara may be solemnised without her consent by wali mujbir, that is the father or paternal grandfather and above if-

(a) the wali mujbir or the prospective husband is not hostile to her;

(b) the prospective husband is of the same status as she;