Islamic Family Law Ordinance, 2001 (Cap. 43)

Ordinan Undang-Undang Keluarga Islam, 2001

Copy of the official text captured from State Attorney-General's Chambers Sarawak (LawNet Sarawak) (lawnet.sarawak.gov.my) on 27 October 2026. Always check the official portal for the authoritative current version.

Number	Cap. 43
Type	State enactment
Applies to	Sarawak
Year	2001
Published by	State Attorney-General's Chambers Sarawak (LawNet Sarawak)

Contents — Parts and sections

141 sections in 12 Parts, headings copied from the “ARRANGEMENT OF SECTIONS” of the official text (copy of 27 October 2026). Read the full wording in the PDF.

Definitions: section 2 (Interpretation).

_______________

Part I PRELIMINARY (5)

s 1 Short title and commencement
s 2 Interpretation
s 3 Application
s 4 Criterion for deciding whether a person is a Muslim
s 5 Subsisting valid marriages deemed to be registered under this Ordinance and dissoluble only under this Ordinance

Part II MARRIAGE (17)

s 6 Persons by whom marriages may be solemnized and appointment of Wali
Hakim
s 7 Minimum age for marriage
s 8 Relationship prohibiting marriage
s 9 Void marriages
s 10 Non-registrable marriages
s 11 Consent required
s 12 Marriage of a woman
s 13 Betrothal
2 CAP. 43
Preliminaries to A Marriage
s 14 Application for permission to marry
s 15 Issue of permission to marry
s 16 Reference to action by Syariah Judge
s 17 Permission necessary before solemnization
s 18 Place of marriage
s 19 Mas kahwin and pemberian
s 20 Entry in the Register of Marriages
s 21 Polygamy
s 22 Solemnization of marriages in Malaysian Embassies, etc., abroad

Part III REGISTRATION OF MARRIAGES (10)

s 23 Registration
s 24 Marriage certificate and ta’liq certificate
s 25 Reporting void or illegal marriage
s 26 Appointment of Chief Registrar, Registrars, Deputy Registrars and Assistant Registrars of Muslim Marriages, Divorces and Ruju’
s 27 Books and Registers to be kept of all marriages
s 28 Copies of entries to be sent to Chief Registrar
s 29 Registration of foreign marriage of a person resident in the State
s 30 Unlawful registers
s 31 Voluntary registration of Muslim marriages previously solemnized under any law
s 32 Legal effect of registration

Part IV PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES (10)

s 33 Omission to appear before the Registrar within prescribed time
s 34 Contravention of section 30
s 35 Interference with marriage
s 36 False declaration, ‘iqrar or statement for procuring marriage
ISLAMIC FAMILY LAW 3
s 37 Unauthorized solemnization of marriage
s 38 Offences relating to solemnization of marriage
s 39 Sanction to prosecute
s 40 Correction of errors
s 41 Inspection of Register of Marriages and index
s 42 Proof

Part V DISSOLUTION OF MARRIAGE (16)

s 43 Extent of power to make any order
s 44 Change of religion
s 45 Divorce by talaq or by order
s 46 Arbitration by Hakam
s 47 Divorce by khul’ or cerai tebus talak
s 48 Divorce under ta‘liq or stipulation
s 49 Divorce by li’an
s 50 Resumption of conjugal relationship or ruju’
s 51 Order for dissolution of marriage or fasakh
s 52 Presumption of death
s 53 Maintenance of Register of Divorces and Annulments
s 54 Registration of divorces
s 55 Registration of divorces outside the Court
s 56 Mut’ah or consolatory gift to woman divorced without just cause
s 57 Right to mas kahwin, etc., not affected
s 58 Power of the Court to order division of harta sepencarian

Part VI MAINTENANCE OF WIFE, CHILDREN AND OTHERS (26)

s 59 Power of the Court to order maintenance of wife, and the effect of nusyuz
s 60 Power of the Court to order maintenance of certain persons
4 CAP. 43
s 61 Assessment of maintenance
s 62 Power of the Court to order security for maintenance
s 63 Compounding of maintenance
s 64 Duration of orders for maintenance
s 65 Right to maintenance or pemberian after divorce
s 66 Power of the Court to vary orders for maintenance
s 67 Power of the Court to vary agreements for maintenance
s 68 Maintenance to any person under order of the Court to be inalienable
s 69 Recovery of arrears of maintenance
s 70 Interim maintenance
s 71 Right to accommodation
s 72 Duty to maintain children
s 73 Power of the Court to order maintenance for children
s 74 Power of the Court to order security for maintenance of a child
s 75 Power of the Court to vary order for custody or maintenance of a child
s 76 Power of the Court to vary agreement for custody or maintenance of a child
s 77 Recovery of arrears of maintenance of a child
s 78 Duty to maintain child accepted as member of family
s 79 Duration of order for maintenance of a child
s 80 Duty to maintain illegitimate children
s 81 Power of the Court to make an attachment of earnings order
s 82 Nature of attachment of earnings order
s 83 Effect of attachment of earnings order
s 84 Duty of defendant and employer to comply with attachment of earnings order

Part VII GUARDIANSHIP (27)

Hadanah or Custody of Children
s 85 Persons entitled to custody of a child
ISLAMIC FAMILY LAW 5
s 86 Qualifications necessary for custody
s 87 How right of custody is lost
s 88 Duration of custody
s 89 Custody of illegitimate children
s 90 Power of the Court to make order for custody
s 91 Order subject to conditions
Guardianship of Person and Property
s 92 Persons entitled to guardianship
s 93 Power over immovable and movable property
s 94 Appointment of guardians by the Court
s 95 Appointment of mother as testamentary guardian
s 96 Joint guardian with mother
s 97 Variation of power of guardian of property
s 98 Removal of guardian
s 99 Security to be given
s 100 Limitation of powers of guardian appointed by the Court
s 101 Guardian may not give discharge for capital property
s 102 Guardian may support minor out of income
s 103 Special order in case of small estate
s 104 Application for opinion, etc.
s 105 Prohibition order by the Court
s 106 Guardian of orphans
s 107 The Court to have regard to advice of welfare officers, etc.
s 108 Power of Court to restrain taking of child out of Malaysia
Other Reliefs
s 109 Power of the Court to set aside and prevent dispositions intended to defeat claims to maintenance
s 110 Injunction against molestation
s 111 Prohibition disposal of harta pencarian
6 CAP. 43

Part VIII MISCELLANEOUS (14)

s 112 Recognition of Muslim marriages solemnized outside the State
s 113 Recognition of marriages contracted in Embassies, etc., in the State
Legitimacy
s 114 Ascription of paternity
s 115 Birth more than four years after dissolution of marriage
s 116 Birth after declaration of completion of ‘iddah
s 117 Syubhah intercourse
s 118 Conditions for valid acknowledgment
s 119 Presumption from acknowledgment rebuttable
s 120 Acknowledgment of a woman in ‘iddah
s 121 Acknowledging another as mother or father
s 122 Acknowledgment other than as a child, mother or father
s 123 Acknowledgement irrevocable
Order to Resume Cohabitation
s 124 Application by deserted wife
Will
s 125 Will on property of adopted child

Part IX APPEALS (1)

s 126 Appeals

Part X PENALTIES (10)

s 127 Polygamy without the permission of the Court
s 128 Divorce outside the Court and without the permission of the Court
s 129 Failure to report
ISLAMIC FAMILY LAW 7
s 130 Desertion of wife
s 131 Ill-treatment of spouse
s 132 Failure to give proper justice to wife
s 133 Disobedience by wife
s 134 Illicit intercourse between divorced persons
s 135 Wilful neglect to comply with order
s 136 Attempts and abetments

Part XI GENERAL (4)

s 137 Power to make rules
s 138 Punishment in respect of offences not provided for
s 139 Reference to Islamic Law
s 140 Penalty for non-compliance with attachment of earnings order and for giving false notice or statement

Part XII REPEAL AND SAVING PROVISIONS (1)

s 141 Repeal and saving provisions

Schedules: SCHEDULE — Chapter 43

Penal Code (Act 574)

Federal Acts that this law's official text itself refers to (as “[Act N]”), most-referred first.

Version history

Captured	Language	Official “last updated”	Pages	SHA-256	File
27 October 2026	English	—	86	`02fc06e27eee`	PDF 1.2 MB

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Islamic Family Law Ordinance, 2001 (Cap. 43)

Contents — Parts and sections

Related laws

Version history

Official source