Original Enactment


MALACCA

ENACTMENT NO. 8 OF 1983
ISLAMIC FAMILY LAW ENACTMENT 1983

Date of Royal Assent :24 December 1983
Date of publication in the Gazette :29 December 1983
Date of coming into operation :1 January 1985 [M.P.U. 121/1985]
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. Criterion for deciding whether a person is a Muslim.
Section 5. Application.
Section 6. Appointment of Chief Registrar, Registrar, Deputy Registrar and Assistant Registrar of Marriages and Divorces.

PART II - 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. Relationships prohibiting marriage.
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. Inspection of marriage register, etc.
Section 30. Proof.

PART III - 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. Death and presumption of death.
Section 42. Maintenance of Register of Divorces.
Section 43. Order of divorce not to be registered unless final order have been made.
Section 44. Mutaah.
Section 45. Rights regarding maskahwin.
Section 46. Power of Court to order division harta sepencarian.

PART IV - MAINTENANCE OF WIFE, CHILDREN AND OTHERS

Section 47. Application of Act 263.
Section 48. Power of the Court to order maintenance of wife and the 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 to 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 of 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 in child accepted as member of family.
Section 66. Duration of orders for maintenance of children.
Section 67. Duty of maintaning illegitimate children.
Section 68. Infirm and diseased person.
Section 69. Interim maintenance.

PART V - 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. Order subject to conditions.
Section 77. Order asto unfitness of parent to have custody of children.
Section 78. Persons entitled to guardianship of person and property.
Section 79. Powers over movable and immovable property.
Section 80. Appointment of guardians 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 guardian's powers.
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. Application of Act 13/61.
Section 93. Court to have regard to advice of welfare officers, etc.
Section 94. Power of Court to restrain taking of child out of Malaysia.

PART VI - 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. Failure to report rujuk.
Section 102. Wilful neglect of duty.
Section 103. Wilful neglect to comply with maintenance order.
Section 104. Disobedience of wife.
Section 105. Desertion of wife.
Section 106. Divorce without permission.
Section 107. Neglect of child.
Section 108. Failure to do justice to wife.
Section 109. Ill-treatment of wife.
Section 110. Misappropriation of wife's property.
Section 111. Giving away or delivering child.
Section 112. Illicit intercourse between divorced persons.
Section 113. Rujuk without consent from the wife.
Section 114. Murtad to annual marriage.
Section 115. Contempt of Court.

PART VII - GENERAL

Section 116. Power of Court to set aside and prevent transfer intended to defeat claims to maintenance.
Section 117. Injuctions against molestation.
Section 118. Recognition of Muslim marriage contracted outside Malaysia.
Section 119. Recognition of bassies, etc. contracted in Emmarriages in Malaysia.
Section 120. Ascription of paternity.
Section 121. Birth more than four years after dissolution of marriage.
Section 122. Birth after declaration of completion of edah.
Section 123. Child from syubhat intercourse.
Section 124. Conditions for lawful acknowledgment.
Section 125. Presumption from acknowledgement can be rebutted.
Section 126. Acknowledgement of a woman in the period of edah.
Section 127. Acknowledging another person as mother or father.
Section 128. Acknowledgment other than as child, mother or father.
Section 129. Acknowledgment cannot be revoked.
Section 130. Marriage subject to law of foreign country.
Section 131. Appeals.
Section 132. Court jurisdiction, procedures, etc.
Section 133. Rules.
Section 134. Repeal.

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
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