The party who breaks the promise is obligated to return the gifts and engagement ring to the other party. The default party is liable to pay compensation to the aggrieved party if he contributes to the financial loss suffered by the aggrieved party.
The conditions to have a valid marriage are male party, female party, wali, the presence of two witnesses and ijab and qabul.
The conditions for a wali include he must be a Muslim, a man, baligh and voluntarily not under duress, not within ihram Hajj or Umrah and must be of sound mind. Wali can be divided into two which are Wali Mujbir and Wali Raja. If the requirement of a wali is not present, the marriage would be fasid.
Yes. Consent must be given for the marriage. Its is stipulated in section 13 of IFLA where a marriage shall not be recognized and shall not be registered unless both parties to a marriage have consented and either wali of the woman has consented in accordance with syara’.
The legal minimum age for marriage is generally 18 for males and 16 for females.
Yes. However, a muslim man needs to fulfill all the requirements before contracting another marriage. The primary condition is the applicant must file the application form for polygamy before the court’s Registrar or Assistant Registrar. The applicant needs to justify that his application for another marriage is fit and reasonable. Next, the applicant must comply with all four conditions which is a) the proposed marriage is necessary, b) the applicant has financial support enabling him to support all his wives and dependents as a result of the proposed marriage, c) the applicant would be able to treat all his wives fairly and d) the proposed marriage would not cause darar syari’e to the existing wife.
-Pre-marriage course;
-HIV test
-Fill in forms (online or offline), and prepare supporting documents. Get approval from the
-Penolong Pendaftar Nikah (PPN)/ Tok Kadi and arrange the date for nikah. Apply Pejabat Agama Islam Daerah (PAID) to get Kebenaran Berkahwin
-Akad nikah
-Get Surat Perakuan Nikah from Pejabat Agama Daerah.
Yes, mahr is compulsory in a marriage contract. It is a mandatory gift from the husband to the wife as part of the marriage agreement.
Yes, the amount of mahr can be deferred. It can be paid fully at the time of marriage, partially, or postponed to a later date, either upon request or at the time of divorce.
If the husband fails to pay the mahr, the wife has the right to claim it through the Syariah Court, and it becomes a debt that the husband must settle.
If the husband fails to pay the mahr, the wife has the right to claim it through the Syariah Court, and it becomes a debt that the husband must settle.
Nafkah is calculated based on the husband’s financial ability and the wife’s reasonable needs, including food, clothing, shelter, and medical care. The Syariah Court enforces it through legal orders.
Yes, a wife can claim maintenance if the husband fails to provide. She can file a complaint at the Syariah Court, which may issue a maintenance order and take enforcement action if the husband defaults.
- Talaq
- Khuluk
- Fasakh
- Li’an
- Zihar
Yes, a husband can pronounce talaq outside the court under Islamic Family Law in Malaysia. However, he is legally required to report the pronouncement to the Syariah Court for it to be validated and for divorce proceedings to be formalized. Failure to do so may result in legal penalties under Malaysian law.
The husband must first apply to the Syariah Court to express his intention to pronounce talaq. The court will then summon both husband and wife for a hearing to assess the situation and attempt reconciliation. If reconciliation fails, the husband may pronounce talaq before the judge. The court will then confirm and record the divorce. Finally, the divorce must be registered with the Religious Department, and an official divorce certificate will be issued.
Yes, a wife can initiate divorce under Islamic Family Law in Malaysia. She may do so through khul’, by offering compensation to the husband for his consent to divorce. She can also apply for fasakh, where the Syariah Court annuls the marriage due to valid reasons such as cruelty or abandonment. Divorce can also be sought through ta’liq, if the husband breaches conditions agreed upon in the marriage contract. In cases of adultery accusations, lian may be used. All these methods require the wife’s application to the Syariah Court.
Fasakh is a judicial dissolution of marriage due to valid grounds, often initiated by either spouse through a court, and it treats the marriage as if it never existed. Khulu’, on the other hand, is a divorce initiated by the wife with mutual consent, involving compensation to the husband.
Iddah is a waiting period for a woman after divorce or widowhood. For a widow, it lasts four lunar months and ten days. For a divorced woman, it typically lasts three menstrual cycles.
Yes, a wife can initiate divorce under Islamic Family Law in Malaysia. She may do so through khul’, by offering compensation to the husband for his consent to divorce. She can also apply for fasakh, where the Syariah Court annuls the marriage due to valid reasons such as cruelty or abandonment. Divorce can also be sought through ta’liq, if the husband breaches conditions agreed upon in the marriage contract. In cases of adultery accusations, lian may be used. All these methods require the wife’s application to the Syariah Court.
Fasakh is a judicial dissolution of marriage due to valid grounds, often initiated by either spouse through a court, and it treats the marriage as if it never existed. Khulu’, on the other hand, is a divorce initiated by the wife with mutual consent, involving compensation to the husband.
A divorce can be revoked during the iddah period if it is a revocable divorce, known as talak raj’ie. During this period, the couple can reconcile without needing to undergo a new marriage ceremony. However, if the divorce is talak ba’in kubra, reconciliation is not possible without the wife first marrying another man and the marriage being consummated and then dissolved
The mother is best entitled to custody of her infant/small children (below 7 years of age for boys and 9 years of age for girls). For children over the age limit, should there be a conflict regarding their custody, the Court will decide based on the choice of the child whether he or she would prefer to live with the mother or father.
Matrimonial property includes assets acquired jointly by spouses during marriage, such as homes, vehicles, and savings, where both have contributed to their acquisition or improvement.
Matrimonial property is divided after divorce based on the court’s discretion, considering the contributions of both parties, financial and non-financial.
Yes, non-financial contributions, such as housework, childcare, and support to the husband, can be considered in the division of property.
The division of harta sepencarian is not automatic upon divorce. The interested party must file a claim in the Syariah Court to initiate the process.
Technically no, but only if she is entitled under specific grounds such as being pregnant, during the ‘iddah period, or if there is an agreement or court order.
Muta’ah is a consolatory gift given by the husband to the wife after divorce. It is intended to comfort the wife and is based on the husband’s means and the length of the marriage. The wife is entitled to claim it through the Syariah Court.
Child maintenance is determined based on the child’s needs (education, food, clothing, etc.) and the father’s financial means. The court may also consider the standard of living the child was accustomed to.
Yes, a wife can claim arrears of maintenance by filing an application in the Syariah Court. The court can order the husband to pay the outstanding amount and enforce payment through legal means.
When the husband or former husband has failed to fulfill an order for maintenance of a child issued by the Syariah Court. Such arrears may be claimed from the date of the husband’s or former husband’s failure to pay the order for maintenance of a child.
Marriage and Divorce
Both individuals must be at least 18 years old and not currently married to anyone else. They must reside in the district where they intend to marry for at least 7 days before applying for the marriage application. They must also complete and submit the required marriage application form (JPN.KC02) to the National Registration Department (NRD).
Yes, a foreigner can marry a Malaysian citizen. The foreigner will need to apply for a Spouse Visa, which allows them to reside and work in Malaysia for up to five years. Once the spouse visa is obtained, the foreigner can reside in Malaysia with their Malaysian citizen spouse.
You should start the application to register your marriage at least one month before the solemnization/registration date. Note that you need to be married within six months from your date of application.
-National Registration Department (NRD) Branch Office
-Places of worship (Church / Temple / Association by Assistant Registrar of Marriage)
-Venue of your choice (Hotel / Garden, etc.)
Then, the steps are as follows:
-Gather required documents and forms (available at NRD Branch Office)
-Submit your Application for Marriage to the Marriage and Divorce Division of NRD. Both must be present during submission. Here the date of your solemnization will be set
-Marriage certificate issuance
-Your solemnization ceremony
ongoing answer
The divorce process typically takes 6 to 12 months for a single petition, and can be faster, around 3-6 months, for a joint petition if terms are agreed upon amicably. A joint petition, where both parties agree to divorce, usually involves settling matters like maintenance, child custody, and asset division. Single petitions, where one party seeks divorce while the other may not agree, can be longer due to court procedures and potential disputes.
Yes. by applying for a single divorce petition which is also known as unilateral petition divorce. This method is used when the spouses do not agree to divorce mutually. In this case, either spouse can apply to the Court for divorce without the other’s consent. However, both parties must satisfy 2 pre-requirements before they apply for divorce: Marriages must last for a period of 2 years or more (S.50 LRA). However, one can apply in less than 2 years if one party has converted to Islam or either spouse files an application and gets permission from the Court by showing the Court that there are exceptional circumstances or hardships suffered by the applicant. Secondly, the marriages must be registered in Malaysia. If the parties marry in a foreign country, then the foreign marriage must be registered in Malaysia. After satisfied, they must fulfil 2 other conditions: Conciliation and prove one of the grounds that the marriage has irretrievably broken down.
A marriage may be nullified if it is proven to be voidable under the Law Reform (Marriage and Divorce) Act 1976. The Court may grant a decree of nullity if any of the following grounds are established:
– The marriage has not been consummated due to the incapacity of either party.
– The marriage has not been consummated due to the wilful refusal of either party.
– Consent was not validly given, whether due to duress, mistake, or otherwise.
– At the time of marriage, either party was suffering from a mental disorder rendering them unfit for marriage.
– Either party was, at the time of marriage, suffering from a venereal disease in a communicable form
– The respondent was pregnant by another person at the time of the marriage.
If any of these are proven, the court may issue a decree of nullity, effectively annulling the marriage.
No. The spouses cannot remarry until the end of the cooling off period of three months from the date of decree nisi will be made absolute. Once the decree nisi is made absolute, both can legally remarry.
Child Custody & Support:
Spouses may mutually decide on the custody, care, and control of a child, including decisions on upbringing and education. The non-custodial parent is granted visitation rights. In the absence of an agreement, the Court determines custody based on the child’s welfare and best interests. If the child is of sufficient maturity or an independent age, their views may be considered. Legally, there is a rebuttable presumption that custody of a child under seven is given to the mother, though this can be challenged.
The amount of maintenance that is paid is determined by the court based on the needs of the child, the income of the parents and the standard of living that the child is accustomed to.
Yes. You may apply to the court to change the custody order if you can prove that the custodian is no longer fit as a parent. No custody order is permanent and it is subject to review.
Property & Financial Matter
Those assets that have been acquired during the marriage or those acquired before marriage by one party and substantially improved during the marriage by the other party or through joint efforts.
The couple may also agree on the division of matrimonial property. In the absence of such agreement, the Court will decide based on several factors, including: the contribution of the parties towards the acquisition of the assets and taking care of the welfare of the family, the needs of the children, debts owed by them for the joint benefit and length of marriage
Yes. The Courts may order a man to pay maintenance to his former wife not just after the finalization of a divorce but also during the divorce proceedings. However, the court will consider multiple factors such as the years of marriage, the wife’s status and standard of living during the marriage as well as her earning capacity.
Domestic Violence & Protection Orders
There are three types of protection orders which are the Emergency Protection Order (EPO), the Interim Protection Order (IPO), and the Protection Order (PO).
You can apply for a Protection Order (PO) once your domestic violence case has been charged in court. The social welfare department (JKM) officer will accompany you to court to apply for the PO.
Violating a PO is a serious criminal offense under the Domestic Violence Act 1994. They may face a fine of up to RM2,000 or imprisonment of up to six months, or both. If the violation involves violence, the penalties increase to a fine of up to RM4,000 or imprisonment of up to one year, or both. Repeat offenders face even stricter consequences, including imprisonment for up to two years and a fine of up to RM5,000
Yes. The Domestic Violence Act 1994 applies to all persons in Malaysia, regardless of gender.
Adoption & Guardianship:
The legal process for adopting a child in Malaysia involves applying under either the Registration of Adoptions Act 1952 for non-Muslims, On the other hand, the Adoption under Syariah law which is for Muslims, usually through hibah or kafalah. The process includes a court application, background checks, and home visits by the Welfare Department before a formal adoption order is granted.
Yes, a single person can adopt if legally eligible.
Adoptive parents have legal rights and responsibilities under Civil law. However, under Syariah law, only guardianship is recognized.
A legal guardian can be appointed through a will or written declaration