ENACTMENT NO. 8 OF 1982
THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982

PART IV - MARRIAGE, DIVORCE AND RUJUK



Section 77. Complaint on unlawful marriage.


(1) A person may lodge a written complaint to the Court of a Kadi whether through his personal knowledge or on information which he considers reasonable in respect of a marriage that is unlawful under Hukum Syara' .

(2) Upon receipt of the complaint under subsection (1) the Court shall conduct an inquiry.

(3) For the purpose of conducting the inquiry under subsection (2) the Court of a Kadi shall have all the powers of a Court in a trial of a case. The onus of proof of a lawful marriage shall be on the parties who assert that they are married.

(4) If after the inquiry the Court finds that the marriage is void under Hukum Syara' the Court shall declare the marriage void and it shall be annulled. If the Certificate of Marriage has been issued, the Court shall order that the certificate be surrendered to the Court to be cancelled and the marriage annuled. The annulment of the marriage shall be registered and the marriage shall be treated as if it has not been solemnised.



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