Islamic Family Law (Federal Territories) Act 1984 (Act 303)

Islamic Family Law (Federal Territories) Act 1984 · Act 303
Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984
Applies to: Federal Territories (Muslims); each state has its own Islamic Family Law Enactment · Official text ↗

Key points

Ten Parts: preliminary, marriage, registration, marriage offences, divorce, maintenance, guardianship and custody, miscellaneous, penalties, general.
A second marriage needs the Syariah court's prior written permission; the court hears the existing wife (s 23). Marrying without it is an offence (s 123).
Divorce goes through the court: by talaq with the court's permission, hakam arbitration, khul', ta'liq, li'an or fasakh (ss 47–52). Talaq outside court without permission is an offence (s 124).
On divorce the court can divide harta sepencarian, leaning towards equal shares for jointly acquired assets (s 58).
The father must maintain his children (s 72), normally until 18, longer for higher education (s 79); the mother is first entitled to custody of young children (s 81).
This page uses the official reprint to 1 January 2006; state enactments have similar but not identical rules.

What this law covers and who it applies to

Act 303 is the Islamic family law (undang-undang keluarga Islam) for Muslims in the Federal Territories. Every state has its own Islamic Family Law Enactment built on the same model, for example Selangor's 2003 Enactment and Kedah's 2008 Enactment. Section numbers, minimum ages and penalties can differ, so always check the enactment of the state where you live or married (see State Islamic enactments). For a practical, step-by-step guide covering all states, see Muslim family law.

The Act applies to all Muslims living in the Federal Territories and to Muslims resident there who are living elsewhere (s 4). Whether a person is a Muslim is decided by general reputation, without inquiring into belief or conduct (s 5). Marriages validly contracted before the Act are treated as registered and can be dissolved only under it (s 6). Cases are heard by the Federal Territories Syariah courts under Act 505. The text summarised here is the official reprint incorporating amendments up to 1 January 2006.

The Act, Part by Part

Part	Sections	What it deals with
I Preliminary	1–6	Application, definitions, who is a Muslim (s 5)
II Marriage	7–24	Who solemnises (wali, Registrar, wali Raja), minimum age (s 8), prohibited relationships, consent (s 13), permission to marry, mas kahwin, polygamy (s 23)
III Registration	25–34	Registering marriages, certificates, ta'liq, foreign marriages (s 31)
IV Marriage offences	35–44	Late registration, false declarations, unauthorised solemnisation
V Dissolution of marriage	45–58	Talaq, hakam, khul', ta'liq, li'an, ruju', fasakh, mut'ah, harta sepencarian (s 58)
VI Maintenance	59–80	Wife's and former wife's maintenance, nusyuz, children's maintenance
VII Guardianship	81–107	Hadhanah (custody), guardianship of person and property, injunctions
VIII Miscellaneous	108–122	Recognition of marriages, legitimacy (nasab), resumption of cohabitation, appeals
IX Penalties	123–133	Family-law offences
X General	134–135	Rules, repeal of the old Selangor law

Marriage and polygamy

A marriage must be solemnised according to Hukum Syarak by the wali in the presence of the Registrar, by his representative, or by the Registrar as the wali's representative. A woman with no wali by lineage is married by the wali Raja (s 7).
Minimum age (s 8): 18 for a man and 16 for a woman, unless a Syariah judge gives written permission. Several states have since raised the age for women to 18; check your state.
Both parties must consent, and the woman's wali must consent, or a Syariah judge must consent as wali Raja where there is no wali, the wali cannot be found, or he refuses without good reason (s 13).
Polygamy (s 23): a married man may not marry again without the court's prior written permission, and a marriage without it cannot be registered unless the court later orders registration (subject to the s 123 offence). The application states why the marriage is "just and necessary", his income, commitments and dependants, and whether the existing wife's consent or views were obtained. The court summons the existing wife or wives and hears the application in private. It may grant permission if satisfied that the marriage is just and necessary, that he can support all wives and dependants, that he can treat his wives equally, and that it will not cause darar syarie (harm recognised by Islamic law) to the existing wife. The rule also covers a Federal Territories resident who marries elsewhere (s 23(2)).

Divorce, maintenance and matrimonial property

Talaq by court process (s 47): either spouse files an application with details of children, maintenance, custody and assets. If the other spouse consents and the marriage has irretrievably broken down, the court advises the husband to pronounce one talaq in court. If not, a conciliation committee is appointed.
Hakam (s 48): where there is constant discord (shiqaq), the court may appoint two arbitrators, preferably relatives, who may be given authority to end the marriage.
Khul' / cerai tebus talaq (s 49): divorce in return for a payment agreed by the parties or assessed by the court; it is irrevocable.
Ta'liq (s 50): a wife may ask the court to confirm a divorce that has taken effect under the conditions in her ta'liq certificate, for example desertion or non-maintenance.
Fasakh (s 52): dissolution by court order on grounds including the husband's whereabouts unknown for over a year, failure to maintain for 3 months, imprisonment of 3 years or more, failure to perform marital obligations for a year, cruelty (which includes not treating co-wives equitably), and other grounds recognised by Hukum Syarak.
Mut'ah (s 56): a woman divorced without just cause may claim a consolatory payment.
Harta sepencarian (s 58): when allowing a talaq or making a divorce order, the court may divide assets acquired during the marriage. For jointly acquired assets it considers each party's contribution in money, property or labour, joint debts and the children's needs, then leans towards equal division. For assets acquired by one spouse's sole effort it considers the other's contribution to the home and family; the earning spouse gets the larger share. Pre-marriage assets substantially improved during the marriage count.
Maintenance: the court may order a man to maintain his wife or former wife, but a wife who is nusyuz (unreasonably disobedient without lawful reason) loses it until she ceases to be nusyuz (s 59). Maintenance after divorce ends when the 'iddah ends (s 65). The father must maintain his children (s 72); the order ends at 18 but can be extended for further education, and continues for a disabled child or an unmarried daughter (s 79).
Custody (ss 81–86): the mother is the person best entitled to custody of young children during and after the marriage, unless disqualified (s 81). Her right normally ends at 7 for a boy and 9 for a girl, extendable to 9 and 11 (s 84). After that the father has custody, and a child who has reached the age of discernment (mumaiyiz) may choose. The court's paramount consideration is the child's welfare (s 86).
The court may restrain a spouse or former spouse from molesting the other (s 107).

Offences (Part IX)

As in the 2006 reprint, most offences carry up to RM1,000 fine, 6 months' jail, or both:

s 123: polygamy without the court's written permission.
s 124: pronouncing talaq outside court without the court's permission.
s 125: failing to report or register as required.
s 126: failing to obey an order to resume cohabitation.
s 127: ill-treating one's wife or cheating her of her property.
s 128: failing to give a wife proper justice according to Hukum Syarak.
s 129: a wife wilfully disobeying a lawful order of her husband: fine up to RM100 (RM500 for a repeat).
s 130: pretending to apostatise to end a marriage: up to 1 year's jail.
s 131: resuming cohabitation after divorce without a valid ruju'.
s 132: wilful failure to obey a maintenance order. The amount may be levied like a fine, with jail of up to one month for each unpaid monthly payment.

Penalties under state enactments are often higher than these Federal Territories figures. Domestic violence is also covered by the civil Domestic Violence Act 1994, which applies to Muslims too.

Sharia basis (for information)

Polygamy: Qur'an 4:3 permits marrying up to four wives and adds that if a man fears he cannot be just, then one. Act 303's "equal treatment" and "means" tests reflect this condition of justice.
Divorce: Qur'an 2:229 ("divorce is twice; then keep in kindness or release with grace") and 4:35 (appoint an arbiter from his family and one from hers if a rift is feared), which is the source of the hakam procedure in s 48.
Maintenance: Qur'an 2:233 places the provision and clothing of nursing mothers on the father "according to what is reasonable".
Custody: a mother told the Prophet (peace be upon him) that the father who divorced her wanted to take her son; he replied, "You have more right to him as long as you do not remarry" (Sunan Abi Dawud 2276, Book of Divorce; graded hasan).

These are classical bases for information only, not rulings on any case.

Laws cited on this page

Act 303	Islamic Family Law (Federal Territory) Act 1984 · Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984	Official text
Act 505	Administration of Islamic Law (Federal Territories) Act 1993 · Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993	Official text
Act 521	Domestic Violence Act 1994 · Akta Keganasan Rumah Tangga 1994	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 5	Whether a person is a Muslim is decided by general reputation.
s 7	Who may solemnise a marriage; wali Raja where there is no wali.
s 8	Minimum age 18 (man) and 16 (woman), unless a Syariah judge permits.
s 13	Consent of both parties and of the wali (or a judge as wali Raja).
s 23	Polygamy only with the court's prior written permission; four conditions.
s 47	Divorce application; talaq before the court; conciliation committee.
s 48–50	Hakam (arbitrators) for shiqaq; khul' (cerai tebus talaq); divorce under ta'liq confirmed by the court.
s 52	Fasakh: grounds for a wife to dissolve the marriage.
s 55A	A husband who pronounces talaq outside court must report to the court within 7 days.
s 58	Division of harta sepencarian on divorce.
s 59, 65	Maintenance of wife and former wife; nusyuz; ends with 'iddah.
s 72, 79	Father's duty to maintain children; orders end at 18 unless extended.
s 81, 84, 86	Hadhanah: mother first; age limits; welfare is paramount.
s 123–132	Family offences (polygamy without permission, talaq outside court, ill-treatment, maintenance defaults).

Worked examples

Example 1: Second marriage without permission

Facts. Hakim, who lives in Kuala Lumpur, marries a second wife in southern Thailand without applying to the Syariah court.

The law. s 23(2) applies to a Federal Territories resident marrying outside the Federal Territories. Without prior written permission the marriage cannot be registered unless the court orders it (s 23(1) proviso), and he commits an offence under s 123 (up to RM1,000, 6 months, or both).

Outcome. Hakim should apply to the Syariah court to register the marriage. He will probably be charged and fined under s 123. The first wife can raise the matter and may also claim fasakh if she is not treated equitably (s 52(1)(h)(vi)).

Example 2: Dividing the family home

Facts. Siti and Azman divorce after 15 years. The house is in Azman's name; Siti paid half the instalments for 8 years.

The law. s 58(1)–(2): assets acquired by joint effort are divided having regard to each party's contribution, joint debts and the children's needs, with a leaning towards equality.

Outcome. Siti files a harta sepencarian claim in the Syariah High Court with proof of payments. A share close to half is likely, but the court decides on the evidence.

Example 3: Husband stops paying maintenance

Facts. Nora's husband has paid nothing for four months and does not answer her calls.

The law. Failure to maintain for 3 months is a ground for fasakh (s 52(1)(b)). She can also claim maintenance (s 59) and child maintenance (s 72), and wilful failure to obey an order can lead to jail (s 132).

Outcome. Nora can file for maintenance and, if she wants, fasakh. Her ta'liq certificate may also give her a divorce ground (s 50).

Example 4: Custody of a 5-year-old

Facts. After divorce, Fatimah wants to keep her 5-year-old son; the father says the boy should live with him.

The law. The mother is first entitled (s 81) until the boy is 7, extendable to 9 (s 84), unless disqualified under s 82–83. The welfare of the child is paramount (s 86).

Outcome. Fatimah will usually keep custody, with access for the father. She can apply to extend custody past 7 if it serves the child's welfare.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Does Act 303 apply to me if I live in Selangor?

No. Act 303 applies to the Federal Territories. Selangor has its own Islamic Family Law Enactment (2003), and every other state has one too. The rules are similar, but check your own state's section numbers and penalties.

Does my wife have to agree before I take a second wife?

Under s 23 her consent is not an absolute requirement, but the court must summon and hear her, and the application must say whether her consent or views were obtained. The court will refuse permission if the marriage would cause her darar syarie or you cannot support or treat your wives equally.

Is a talaq by text message valid?

Whether a talaq is valid under Hukum Syarak is decided by the Syariah court. Pronouncing talaq outside court without permission is an offence under s 124 (up to RM1,000, 6 months, or both), and the husband must report it to the court within 7 days so the court can inquire whether it is valid (s 55A). Go to the court promptly to confirm the status.

How long must a father pay child maintenance?

Under s 79 a child maintenance order normally ends at 18. The court can extend it for further or higher education, and it continues for a child with a disability and for an unmarried daughter.

Can a wife claim harta sepencarian for assets in her husband's name?

Yes. s 58 lets the court divide assets acquired during the marriage by joint effort, or by one spouse's sole effort with the other contributing to the home. Whose name is on the title does not decide it.

What is nusyuz?

Under s 59(2), a wife who unreasonably refuses her husband's lawful wishes, for example by leaving the home against his will without a valid reason, loses her right to maintenance while she remains nusyuz. It does not affect child maintenance.

Where can I find the current text?

The official text is on the Laws of Malaysia portal (lom.agc.gov.my). For your state's enactment, check the state Syariah judiciary or religious council website.

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Muslim family law and Islamic estate planning Administration of Islamic Law (Federal Territories) Act 1993 (Act 505)Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585)State Islamic laws: a guide to the 13 states and the Federal Territories Syariah courts Family law: marriage, divorce, maintenance and custody Domestic Violence Act 1994