Original Enactment
SABAH
ENACTMENT NO. 8 OF 2004
ISLAMIC FAMILY LAW ENACTMENT 2004
Date of Royal Assent :
30 August 2004
Date of publication in the Gazette :
14 October 2004
Date of coming into operation :
1 Jun 2005 [G.N. 611/2005]
ARRANGEMENT OF SECTIONS
_____________
Preamble
PART I - PRELIMINARY
Section 1.
Short title and commencement.
Section 2.
Interpretation.
Section 3.
Saving or 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
Syar’ie
Judge.
Section 19.
Permission necessary before solemnization.
Section 20.
Place of marriage.
Section 21.
Mas kahwin and pemberian.
Section 22.
Entry in the Marriage Register.
Section 23.
Polygamy.
Section 24.
Solemnization of marriages 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, Deputy 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 the State of 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 PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES
Section
35.
Omission to appear before the Registrar within prescribed time.
Section
36.
Contravention of section 32.
Section
37.
Interference with marriage.
Section
38.
False declaration or statement or 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 Marriages 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.
Order 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 power of guardians 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.
Restraining order.
Section
108.
Prohibiting order of disposal of
harta sepencarian.
PART VIII - MISCELLANEOUS
Section
109.
Recognition of Muslim marriages solemnized outside the State of Sabah.
Section
110.
Recognition of marriages solemnized in Embassies, etc., in the State of Sabah.
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 acknowledgement.
Section
116.
Presumption from acknowledgment rebuttable.
Section
117.
Acknowledgement 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.
Powers to makes rules.
Schedule.
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