Original Enactment
KELANTAN
ENACTMENT NO. 1 OF 1983
ISLAMIC FAMILY LAW ENACTMENT 1983
Date of Royal Assent :
14 January 1983
Date of publication in the Gazette :
26 May 1983
Date of coming into operation :
1 January 1984 [Kn. P.U. 30/83]
ARRANGEMENT OF SECTIONS
_____________
Preamble.
PART I - PRELIMINARY
Section 1.
Short title and commencement.
Section
2.
Interpretation.
Section
3.
Saving of prerogative.
Section
4.
Rights and power of Civil Courts.
Section
5.
Application.
PART II - ADMINISTRATION
Section 6.
Appointment of Registrar of Marriages and Divorce.
PART III - MARRIAGE AND REGISTRATION
Section
7.
Subsisting valid marriages deemed to be registered under this Enactment and dissoluble only under this Enactment.
Section
8.
Betrothal.
Section
9.
Persons authorised to solemnise marriages.
Section
10.
Application and permission of marriage.
Section
11.
Place of marriage.
Section
12.
Maskahwin and pemberian.
Section
13.
Consent required.
Section
14.
Minimum age of marriage.
Section
15.
Marriage of a woman.
Section
16.
Prohibited marriages.
Section
17.
Void marriages.
Section
18.
Marriages which cannot be registered.
Section 19.
Polygamy.
Section
20.
Solemnisation of marriages in Malaysian Embassies, etc., outside Malaysia.
Section
21.
Registration of marriage.
Section
22.
Register of Marriages.
Section
23.
Copies of entries.
Section
24.
Registration of foreign marriage by a person domiciled in the state.
Section
25.
Unlawful registers.
Section
26.
Voluntary registration of marriages previously solemnised under any law.
Section
27.
Legal effect of registration.
Section
28.
Correction of errors.
Section
29.
Copies of entries.
Section
30.
Proof.
PART IV - DIVORCE
Section
31.
Jurisdiction to an order of divorce.
Section
32.
Additional Jurisdiction in proceedings by the wife.
Section
33.
Murtad.
Section
34.
Conversion, to Islam.
Section
35.
Divorce by talak or order or shiqaq.
Section
36.
Divorce by tebus talak.
Section
37.
Divorce under taliq.
Section
38.
Fasakh.
Section
39.
Rujuk.
Section
40.
To resume cohabitation.
Section
41.
Presumption of death.
Section
42.
Maintenance of Register of Divorces.
Section
43.
Order of divorce etc., not to be registered unless final order have been made.
Section
44.
Mutaah.
Section
45.
Rights regarding maskahwin.
Section
46.
Division of harta sepencarian.
PART V - MAINTENANCE OF WIFE, CHILDREN AND OTHERS
Section
47.
Application of F.M. Ordinance No. 36/50.
Section
48.
Power of the Court to order maintenance of wife and effect of nusyuz.
Section
49.
Assessment of maintenance.
Section
50.
Power of Court to order security for maintenance.
Section
51.
Compounding of maintenance.
Section
52.
Duration of orders for maintenance.
Section
53.
Right of maintenance to cease on termination of period of edah.
Section
54.
Power of Court to vary orders for maintenance.
Section
55.
Power of Court to vary agreements for maintenance.
Section
56.
Maintenance not transferable.
Section
57.
Recovery of arrears of maintenance.
Section
58.
Accommodation.
Section
59.
Maintenance of children.
Section
60.
Power of Court to order maintenance of children.
Section
61.
Power of Court to order security for maintenance of children.
Section
62.
Power of Court to vary orders for custody or maintenance of children.
Section
63.
Power of Court to vary agreement for custody or maintenance of children.
Section
64.
Recovery of arrears of maintenance of children.
Section
65.
Duty to maintain child accepted as member of family.
Section
66.
Duration of orders for maintenance of children.
Section
67.
Duty of maintaining illegitimate children.
Section
68.
Infirm and diseased person.
Section
69.
Interim maintenance.
PART VI - HADHANAH OR CUSTODY OF CHILDREN
Section
70.
Persons entitled to custody of children.
Section
71.
Qualifications for right of custody.
Section
72.
Loss of right of custody.
Section
73.
Duration of custody.
Section 74.
Custody of illegitimate children.
Section
75.
Power of Court to make order for custody.
Section
76.
Orders subject to conditions.
Section
77.
Order as to unfitness of parent to have custody.
Section
78.
Persons entitled to guardianship of person and property.
Section
79.
Powers over movable and immovable property.
Section
80.
Appointment of guardian by the Court.
Section
81.
Mother can be appointed guardian.
Section
82.
Variation of power of guardian of infant's property.
Section
83.
Removal of guardian.
Section
84.
Security to be given.
Section
85.
Limitation of powers of guardian appointed by Court.
Section
86.
Guardian may not give discharge for capital property.
Section
87.
Guardian may support infant out of income.
Section
88.
Special order in respect of infant's property.
Section
89.
Application for opinion, etc.
Section
90.
Prohibitory orders of Court.
Section
91.
Guardian of orphan.
Section
92.
Guardianship of Infants Act 1961, shall not apply if contrary to Islamic religion.
Section
93.
Court to have regard to advise of welfare officers, etc.
Section
94.
Power of Court to restrain taking of child out of Malaysia.
PART VII - OFFENCES
Section
95.
Omission to report or appear before Registrar within prescribed time.
Section
96.
Contravention of section 25.
Section
97.
Interference with marriage.
Section
98.
False oath, etc., for procuring marriage.
Section
99.
Unauthorised solemnisation of marriages.
Section
100.
Offences relating to solemnisation of marriages.
Section
101.
Wilful neglect of duty.
Section
102.
Wilful non-compliance with order of maintenance.
Section
103.
Disobedience of wife.
Section
104.
Desertion of wife.
Section
105.
Divorce without permission.
Section
106.
Neglect of child.
Section 107.
Failure to do justice to wife.
Section
108.
Cruelty of wife.
Section
109.
Misappropriation of wife's property.
Section
110.
Giving away or delivering child.
Section
111.
Illicit intercourse between divorced persons.
Section
112.
Rujuk without consent from the wife.
PART VIII - GENERAL
Section
113.
Power of Court to set aside and prevent the transfer intended to defeat claims to maintenance.
Section
114.
Injunctions against molestation .
Section
115.
Recognition of Muslim marriage contracted outside Malaysia.
Section
116.
Recognition of marriages contracted in Embassies, etc., in Malaysia.
Section
117.
Who can be deemed to be the father.
Section
118.
Birth after dissolution of marriage.
Section
119.
Birth after admission that period of edah has terminated.
Section
120.
Child from syubhat intercourse.
Section
121.
Condition's for lawful acknowledgment.
Section
122.
Presumption from acknowledgment can be rebutted.
Section
123.
Acknowledgment of a woman in the period of edah.
Section
124.
Acknowledging another person as mother or father.
Section
125.
Acknowledgment other than as child, mother.
Section
126.
Acknowledgment cannot be revoked.
Section
127.
Marriage subject to law of foreign country.
Section
128.
Rules.
Section 129.
Repeal.
FIRST SCHEDULE
Prohibited Marriages.
SECOND SCHEDULE
Prohibited Marriages.
THIRD SCHEDULE
Prohibited Marriages.
FOURTH SCHEDULE
Void Marriages.
FIFTH SCHEDULE
Forms.
SIXTH SCHEDULE
Repeals.
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