Updated Enactment




STATE OF PENANG

ENACTMENT 3
ISLAMIC FAMILY LAW (STATE OF PENANG) ENACTMENT 2004
Incorporating latest amendment - Pg.P.U. 12/2008


Date of Royal Assent
:
20 October 2004
Date of publication in the Gazette
:
24 November 2005
Date of coming into operation
:
1 January 2006 [Pg P.U. 27/05]
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ARRANGEMENT OF SECTIONS
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Long Title & 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 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 religion
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 and action by Syarie 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. 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, Registrars, Deputy Registrars 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 marriage solemnized abroad of a person resident in the State of Penang
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 Registrar within prescribe time
Section 36. Contravention of section 32
Section 37. Interference with marriage
Section 38. False declaration or statement for 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 Marriage 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

Guardianship of Person and Property

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 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. Injunction order
Section 108. Prohibition order in respect of harta sepencarian

PART VIII - MISCELLANEOUS

Section 109. Recognition of Muslim marriages contracted outside the State of Penang
Section 110. Recognition of marriages contracted in Embassies, etc., in the State of Penang

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 acknowledgment
Section 116. Presumption from acknowledgment rebuttable
Section 117. Acknowledgment 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

Distribution of Harta Sepencarian

Section 122. Power of Court to order distribution 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. Power to make rules
Section 136. Repeal

SCHEDULE

LIST OF AMENDMENT

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