Original Enactment


KELANTAN

ENACTMENT NO. 6 OF 2002
ISLAMIC FAMILY LAW ENACTMENT 2002

Date of Royal Assent :24 November 2002
Date of publication in the Gazette :19 December 2002
Date of coming into operation :1 October 2003 [Kn. P.U. 25/2003]
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 valid 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. Relationship prohibiting marriage.
Section 10. Persons of other religions.
Section 11. Void marriages.
Section 12. Non-registrable marriages.
Section 13. Consent required.
Section 14. Marriage of a woman.
Section 15. Betrothal.

Preliminaries to a Marriage

Section 16. Application for permission to marry.
Section 17. Issue of permission to marry.
Section 18. Reference to an action by Syarie 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 of marriages in Malaysian Embassies, etc., abroad.
Section 25. Registration.

PART III - REGISTRATION OF MARRIAGES

Section 26. Marriage certificate and ta’liq certificate.
Section 27. Reporting of void or illegal marriages.
Section 28. Appointment of Chief Registrar, Registrars, Deputy 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 this State.
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 prescribe time.
Section 36. Contravention of Section 32.
Section 37. Interference with marriage.
Section 38. False declaration or statement for procuring marriage.
Section 39. Unauthorized solemnization of marriage.
Section 40. Offences relating to solemnization of marriage.
Section 41. Sanction for prosecution.
Section 42. Correction of errors.
Section 43. Inspection of Marriage Register and index.
Section 44. Proof.

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 cerai tebus talaq.
Section 50. Divorce under ta’liq or stipulation.
Section 51. Divorce by li’an.
Section 52. Resumption of conjugal relationship or ruju’.
Section 53. Order for dissolution of marriage or fasakh.
Section 54. Presumption of death.
Section 55. Maintenance of Register of Divorces and Annulments.
Section 56. Registration of divorces.
Section 57. Registration of divorces outside the Court.
Section 58. Mut’ah or consolatory gift to woman divorced without just cause.
Section 59. Right to mas kahwin, etc., not to be affected.

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 for 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 agreements 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 order for custody or maintenance of a child.
Section 77. Power of Court to vary agreement 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 order 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 over 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 not 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 orphans.
Section 104. Court to have regard to advice of welfare officers, etc.
Section 105. Power of Court to restrain taking of child out of Malaysia.

Other Reliefs

Section 106. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance.
Section 107. Injunction against molestation.
Section 108. Prohibition order in respect of harta sepencarian.

PART VIII - MISCELLANEOUS

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

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 'iddah.
Section 114. Syubhah intercourse.
Section 115. Conditions for valid acknowledgment.
Section 116. Presumption from acknowledgment rebuttable.
Section 117. Acknowledgment by a woman in 'iddah.
Section 118. Acknowledging another as mother or father.
Section 119. Acknowledgment other than as a child, mother or father.
Section 120. Acknowledgment irrevocable.

Order to Resume Cohabitation

Section 121. Application by deserted wife.

Division of Harta Sepencarian

Section 122. Power of Court to order division of harta sepencarian.

Appeals

Section 123. Appeals.

PART IX - PENALTIES

Section 124. Polygamy without Court's permission.
Section 125. Divorce outside Court and without Court's permission.
Section 126. Failure to report.
Section 127. Desertion of wife.
Section 128. Ill-treatment of spouse.
Section 129. Failure to give proper justice to wife.
Section 130. Disobedience by wife.
Section 131. Attempt to be murtad to annul marriage.
Section 132. Illicit intercourse between divorced persons.
Section 133. Wilful neglect to comply with order.
Section 134. Attempts and abetment.

PART X - GENERAL

Section 135. Power to make rules.
Section 136. Repeal and savings.

SCHEDULE
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