Original Enactment


SABAH

ENACTMENT NO. 15 OF 1992
ISLAMIC FAMILY LAW ENACTMENT 1992

Date of Royal Assent :30 December 1992
Date of publication in the Gazette :31 Disember 1992
Date of coming into operation :1 January 1996 [GN 649/1995]
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 mariages 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 and appointment of Wali Hakim.
Section 8. Minimum age for marriage.
Section 9. Relations prohibiting marriage.
Section 10. Persons of other religions.
Section 11. Void marriages.
Section 12. Non-registerable 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 solemization.
Section 20. Place of marriage.
Section 21. Mas Kahwin and pemberian.
Section 22. Entry in Marriage Register.
Section 23. Polygamy.
Section 24. Solemnization of marriage 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 Deputy Registrars.
Section 29. Books and Registers to be kept of marriages.
Section 30. Copies of entries to be sent to Chief Registrar.
Section 31. Registration of foreign marriage of a person resident in Sabah.
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 PROVISONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES

Section 35. Omission to appear before Registrar within prescribed 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. (Deleted).

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 other.
Section 48. Arbitration by Hakam.
Section 49. Khul', Divorce or Cerai Tebus talaq.
Section 50. Divorce under ta'liq or stipulation.
Section 51. Divorce by way of li'an.
Section 52. Resumption of conjugal relationship or ruju.
Section 53. Order or dissolution of marriage of fasakh.
Section 54. Presumption of death.
Section 55. Maintenance of Register of Divorces and Annulments.
Section 56. Registration of divorce out of court.
Section 57. Order of divorce shall not be registered unless final order has been made.
Section 58. Mut'ah or consolatory gift to woman divorced without just cause.
Section 59. Right to mas kahwin, etc., not to be affected.
Section 60. Power of Court to order division of harta sepencarian.

PART VI - MAINTENANCE OF WIFE, CHILDREN AND OTHERS

Section 61. Power of Court to order maintenance of wife, and the effect of nusyuz.
Section 62. Power of Court to order maintenance of certain persons.
Section 63. Assessment of maintenance.
Section 64. Owner of Court to order security for maintenance.
Section 65. Compounding of maintenance.
Section 66. Duration of order for maintenance.
Section 67. Right to maintenance or pemberian after divorce.
Section 68. Power of Court to vary orders for maintenance.
Section 69. Power of Court to vary agreements for maintenance.
Section 70. Maintenance payable under order of Court to be inalienable.
Section 71. Recovery of arrears of maintenance.
Section 72. Interim maintenance.
Section 73. Right to accommodation.
Section 74. Duty to maintenance of children.
Section 75. Power of Court to order maintenance for children.
Section 76. Power of Court to order security for maintenance of a child.
Section 77. Power of Court to vary order for custody or maintenance of a child.
Section 78. Power of Court to vary agreement for custody or maintenance of a child.
Section 79. Recovery of arrears of maintenance of a child.
Section 80. Duty to maintain child accepted as member of family.
Section 81. Duration of order of maintenance of a child.
Section 82. Duty to maintain illegitimate children.
Section 83. Power of Court to order for attachment of earned income.
Section 84. Types of order relating to earned income.
Section 85. Effect of order of attactment of earned income.
Section 86. Obligation of person being claimed and employer to comply with order of attachment of earned income.

PART VII - GUARDIANSHIP HADANAH OR CUSTODY OF CHILDREN

Section 87. Persons entitled to custody of children.
Section 88. Qualifications necessary for custody.
Section 89. How right of custody is lost.
Section 90. Duration of custody.
Section 91. Custody of illegitimate children.
Section 92. Power of the Court to make order for custody.
Section 93. Orders subject to conditions.

Guardianship of person and property.

Section 94. Persons entitled to guardianship.
Section 95. Power over immovable and movable property.
Section 96. Appointment of guardians by the Court.
Section 97. Appointment of mother as testamentary guardian.
Section 98. Joint guardian with mother.
Section 99. Variation of power of guardian of property.
Section 100. Removal of guardian.
Section 101. Security to be given.
Section 102. Limitation of powers of guardian appointed by Court.
Section 103. Guardian may not give discharge for capital property.
Section 104. Guardian may support minor out of income.
Section 105. Special order in case of small estate.
Section 106. Application for opinion, etc.
Section 107. Prohibition order by Court.
Section 108. Guardian of orphan.
Section 108A. Guardianship of Infants Ordinance (Cap. 54) not to apply to the religion of Islam.
Section 109. Court to have regard to advice of welfare officers, etc.
Section 110. Power of Court to restrain taking of child out of Malaysia.

Other Reliefs

Section 111. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance.
Section 112. Injuction against molestation.

PART VIII - MISCELLANEOUS

Section 113. Recognition of Muslim marriages contracted outside Sabah.
Section 114. Recognition of marriages contracted in Embassies, in Malaysia.

Legitimacy

Section 115. Ascription of paternity.
Section 116. Birth more than four years after dissolution of marriage.
Section 117. Birth after declaration of completion of 'iddah.
Section 118. Shubhah intercourse.
Section 119. Conditions for valid acknowledgment.
Section 120. Presumption from acknowledgment rebuttable.
Section 121. Acknowledgment by a woman in 'iddah.
Section 122. Acknowledging another as mother or father.
Section 123. Acknowledgment other than as a child, mother or father.
Section 124. Acknowledgment irrevocable.

Order to resume cohabitation

Section 125. Application by deserted wife.
Section 126. Property in favour of adopted child.

Appeals

Section 127. Appeals.

PART IX - PENALTIES

Section 128. Polygamy without Court's permission.
Section 129. Divorce outside Court and without Court's permission.
Section 130. Failure of husband to give maintenance to wife or children.
Section 131. Failure of husband to render his marital obligation.
Section 132. Failure to report.
SEction 133. Desertion of wife.
Section 134. III-treatment of wife or husband.
Section 135. Failure to give proper justice to wife.
Section 136. Apostacy to annul marriage.
Section 137. Unfaithful wife.
Section 138. IIIicit intercourse between divorced persons.
Section 139. Wilful neglect to comply with maintenance order.
Section 140. Instigating a couple to divorce.
Section 141. To divorce wife during prohibition period.
Section 142. Cruelty to wife, husband or children.
Section 143. Buying or selling child.
Section 144. Husband alleges wife nusyuz without Court's finding.
Section 145. Assuming ownership of undistributed estate.
Section 146. To conceal member of the heir.
Section 147. Invalid will.
Section 148. Concealing a will.
Section 149. Attempts and conspiracy.
Section 150. Punishment when not specified.
Section 151. Hukum Syarak shall be used when no alternative.
Section 152. Penalty for failure to comply with attachment of earned income order and for giving false notice and statement.

PART X - GENERAL

Section 153. Power to make rules.
Section 154. Savings.
Section 155. Repeal.

SCHEDULE
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