SECOND SCHEDULE (ISLAMIC FAMILY LAW (KEDAH DARUL AMAN) ENACTMENT 2008

ENACTMENT 11
ISLAMIC FAMILY LAW (KEDAH DARUL AMAN) ENACTMENT 2008

SECOND SCHEDULE

(Section 11)

INVALID MARRIAGE

A marriage not in compliance with the canons and conditions as listed below is invalid and shall not be register able under this Enactment-

1. Canons of marriage-

(a) a male as a prospective groom;

(b) a female as a prospective bride;

wali;

(d) two just witness; and

(e)

ijab

and

kabul.

2. Conditions-

(i) in respect of prospective groom

(a) a

Muslim;

(b) is not in the state of

ihram haji

umrah;

(d) does not already have four wives;

(e) he volunteers and consents to the marriage and was not

forced; and

(f) a male and not a

khunsa musykil.

(ii) in respect of prospective bride

(a) a

muslim

or if a

Kitabiyah

subject to certain conditions;

(b) a definite female;

mahram

to the prospective husband;

(d) not a wife of someone and not in the

‘iddah

of someone;

and

(e) not in the state of

ihram haji

umrah.

(iii) conditions of a

wali

(a) a

Muslim;

(b) a male;

akil baligh;

(d) a free person;

(e) volunteers and consents to be a

wali;

(f) not in the state of

ihram haji

umrah;

(g) not a

fasik;

and

(h) mentally competent.

(iv) priority of

wali

(a) a natural father;

(b) paternal grandfather howhighsoever;

(d) male consanguine relations;

(e) lineal nephew;

(f) collateral nephew;

(g) paternal lineal uncle;

(h) paternal consanguine uncle;

(i) male cousin, the son of paternal lineal uncle howlowsoever;

(j) male cousin, the son of paternal consanguine uncle howlowsoever;

(k) paternal lineal granduncle;

(l) paternal consanguine granduncle;

(m) son of paternal lineal uncle;

(n) son of paternal consanguine granduncle howlowsoever;

(o) paternal uncle of lineal grandfather;

(p) paternal uncle of consanguine grandfather;

(q) son of paternal uncle of lineal grandfather howlowsoever;

(r) son of paternal uncle consanguine grandfather howlowsoever;

(s)

muktiq;

(t) all asobah of a

muktiq;

(u) raja.

(v) consent of the prospective bride to the

wali-

The female to be married shall give her prior consent to the wali that is:

(a) mandatory if she is a divorcee or if she is a virgin and the

wali

is not the natural guardian; or

(b) commendatory if she is a virgin and if the

wali

is a natural guardian.

(vi) The causes that led to the shifting of authority to marry from

wali akrab

to be wali

ab‘ad-

(a)

wali akrab

has not attained the age of ‘akil baligh;

(b)

wali akrab

is insane;

(c)

wali akrab

is a slave;

(d)

wali akrab

is a fasik;

(e)

wali akrab

is mentally defective;

(f)

wali akrab

is not of the same religion as the prospective bride; or

(g)

wali akrab

is dead.

(vii) The causes that led to the shifting of authority to marry from

wali khas

wali am

(a) in the absence of

wali nasab altogether;

(b)

wali nasab

is two

marhalah

or more away;

wali akrab

is lost without any news of his where about and without any news whether he is still living or dead after a long absence, or had joined a war, or was involved in a sea or air accident, or was defeated by the enemies and not sentenced to death by any Judge. If he was sentenced to death, the

wali

wali ab‘ad

and not

wali Raja;

(d)

wali akrab

refuses to be the

wali

and was convicted for that refusal by the Judge;

(e)

wali akrab

is on

ihram haji

umrah;

(f)

wali akrab

himself is to be married to the prospective bride.

3. Conditions relating to witnesses-

(i) the number shall not be less than two person;

(ii) he shall be a

Muslim;

(iii) he is rational;

(iv) he shall have reached the age of ‚

akil baligh;

(v) he shall be a male;

(vi) if a slave, on becoming free;

(vii) he shall be able to hear, see and converse;

(viii) shall be able to comprehend the content of

sighah ijab

and

kabul

; and

(ix) he is just.

4. (1) Sighah ijab-

(i) shall contain a

lafaz tazwij

nikah

or a translation of the two in whatever language; and

(ii) may be either by the

wali

personally or his representative.

(2) Sighah kabul-

(i) may be either by the male personally or by his representative on completion of

sighah ijab;

and

(ii) shall be made without any intervention of any foreign expression.

Passed in the State Legislative Assembly this 18 November 2007 corresponding to 8 Zulkaedah 1428.

ABD. RASHID BIN HAJI OTHMAN
Clerk of the State Legislative Assembly
Kedah Darul Aman

[PSU(K) 830/1400]