Section 108. Recognition of Muslim marriages contracted outside the State of Penang. (ISLAMIC FAMILY LAW (STATE OF PENANG) ENACTMENT 1985

ENACTMENT NO. 2 OF 1985
ISLAMIC FAMILY LAW (STATE OF PENANG) ENACTMENT 1985

PART VIII - MISCELLANEOUS

Section 108. Recognition of Muslim marriages contracted outside the State of Penang.

(1) A Muslim marriage contracted outside the State of Penang other than a marriage solemnized in a Malaysian Embassy, High Commission, or Consulate under section 24 shall be recognized as valid for all purposes of this Enactment if –

(a) it was contracted in a form required or permitted by the law of the place where it was contracted;

(b) each of the parties had, at the time of the marriage, capacity to marry under the law of the place of his or her residence; and

(c) where either of the parties is a resident of the State of Penang, both parties had capacity to marry according to this Enactment.

(2) Notwithstanding subsection (1), a Muslim marriage contracted under the subsection shall not be registrable under this Enactment if the marriage would have been in contravention of section 23 had the marriage been contracted within the State of Penang.