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
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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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