Original Enactment


JOHOR

ENACTMENT NO. 5 OF 1990
ISLAMIC FAMILY LAW ENACTMENT 1990

Date of Royal Assent :5 November 1990
Date of publication in the Gazette :22 November 1990
Date of coming into operation :1 December 1993 [J.P.U. 13/93]
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 deem 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. Relationships 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.
Section 16. Permission to marry.
Section 17. Issue of permission to marry.
Section 18. Reference to an action by Syar'iah 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. Poligamy.
Section 24. Solemnization of marriages in Malaysian Embassies, etc., abroad.

PART III - REGISTRATION OF MARRIAGES

Section 25. Registration.
Section 26. Reporting of void or illegal marriages.
Section 27. Appointment of Chief Registrar, Registrar, Deputy Registrars and Jurunikah of Muslim Marriages, Divorces and Rujuk.
Section 28. Books and Registers to be kept of all marriages.
Section 29. Copies of entries to be sent to Chief Registrar.
Section 30. Registration of foreign marriage of a person resident in the State of Johor.
Section 31. Unlawful registers.
Section 32. Voluntary registration of Muslim marriages previously solemnized under any law.
Section 33. Legal effect of registration.

PART IV - PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES

Section 34. Ommission to appear before Registrar within prescribed time.
Section 35. Contravention of section 31.
Section 36. Interference with marriage.
Section 37. False declaration or statement for procuring marriage.
Section 38. Unauthorised solemnization of marriage.
Section 39. Offence relating to solemnization of marriage.
Section 40. Sanction for prosecution.
Section 41. Correction of errors.
Section 42. Inspection of Marriage Register and index.
Section 43. Proof.

PART V - DISSOLUTION OF MARRIAGE

Section 44. Extent of power to make any order.
Section 45. Charge of religion.
Section 46. Divorce by talaq or by order.
Section 47. Divorce by darar and syikak and the appointment of Hakam as arbitrator.
Section 48. Khul' divorce or cerai tebus talaq.
Section 49. Divorce under ta'liq or stipulation.
Section 50. Divorce by way of li'an.
Section 51. Resumption of conjugal relationship of rujuk.
Section 52. Order for dissolution of marriage or fasakh.
Section 53. Presumption of death.
Section 54. Maintanance of Register of Divorces and Annulments.
Section 55. Order of divorce shall not be registered unless final order has been made.
Section 56. Mut'ah or consolatory gift to a woman.
Section 57. Right to mas kahwin etc., not to be affected.
Section 58. Power of Court to order division of harta sepencarian.

PART IV - MAINTENANCE OF WIFE, CHILDREN AND OTHERS

Section 59. Power of Court to order maintenance of wife, and the effect of nusyuz.
Section 60. Power of court to order maintenance of certain persons.
Section 61. Assessment of maintenance.
Section 62. Power of Court to order security for maintenance.
Section 63. Compounding of maintenance.
Section 64. Duration of orders for maintenance.
Section 65. Right to maintenance or pemberian after divorce.
Section 66. Power of Court to vary orders for maintenance.
Section 67. Power of Court to vary agreements for maintenance.
Section 68. Maintenance payable under order of Court to be inalienable.
Section 69. Recovery of arrears of maintenance.
Section 70. Interim maintenance.
Section 71. Right to accomodation.
Section 72. Duty to maintenance children.
Section 73. Power of Court order maintenance for children.
Section 74. Power of court to order security for maintenance of a child.
Section 75. Power of Court to vary order for custody or maintenance of a child.
Section 76. Power to Court to vary agreement for custody or maintenance of a child.
Section 77. Recovery of arrears of maintenance of a child.
Section 78. Duty to maintain child accepted as member of family.
Section 79. Duration of order for maintenance of a child.
Section 80. Duty to maintain illegitimate children.
Section 81. Maintenance of wife and presence in Court.

PART VII - GUARDIANSHIP

HADANAH 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.
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 discharged for capital property.
Section 99. Guardian may support minor out of income.
Section 100. Special order in the case of small estate.
Section 101. Application for opinion etc.
Section 102. Prohibition order by Court.
Section 103. Guardian of orphan.
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.

PART VIII - MISCELLANEOUS

Section 108. Recognition of Muslim marriages contracted outside Johor.
Section 109. Recognition of marriages contrated in Embassies, etc., in the State of Johor.

LEGITIMACY

Section 110. Ascription of paternity.
Section 111. Birth more than four years after dissolution of marriage iddah.
Section 112. Birth after declaration of completion of.
Section 113. Syibhah intercourse.
Section 114. Conditions for valid acknowledgement.
Section 115. Presumption from acknowledgement rebuttable.
Section 116. Acknowledgement by a woman in iddah.
Section 117. Acknowledging another as mother or father.
Section 118. Acknowledgment other than as a child, mother or father.
Section 119. Acknowledgment irrevocable.
Section 120. Application by deserted wife.

APPEALS

Section 121. Appeals.

PART IX - PENALTIES

Section 122. Polygamy without Court's permission.
Section 123. Divorce outside Court and without Court's permission.
Section 124. Failure to report.
Section 125. Desertion of wife.
Section 126. Ill-treatment of wife or husband.
Section 127. Failure give proper justice to wife.
Section 128. Disobedience of wife.
Section 129. A postacy to annua marriage.
Section 130. Illicit intercource between divorced persons.
Section 131. Willful neglect to comply with maintenance order.
Section 132. Marriage in contravention of this Enactment.
Section 133. Attempts and abetments.
Section 134. Penalty not provided for.

PART X - GENERAL

Section 135. Power to make rules.
Section 136. Hukum Syarak shall apply where there is no such provision.
Section 137. Exemptions.
Section 138. Repeal of provisions of Enactment No. 14/78.

SCHEDULE
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