Malaysia has two family-law systems. Non-Muslims marry and divorce under the Law Reform (Marriage and Divorce) Act 1976 (Act 164), decided by the civil courts. Muslims are governed by the Islamic family law enactment of their state (in the Federal Territories, the Islamic Family Law (Federal Territories) Act 1984, Act 303), decided by the Syariah courts. Protection from domestic violence under the Domestic Violence Act 1994 is available to everyone.
What to do first
- If you or your children are in danger, call 999 or go to the nearest police station. You can ask for protection under the Domestic Violence Act 1994 — see Domestic Violence Act 1994.
- Find your marriage certificate, your children's birth certificates and identity cards, and a list of property and debts — every family case needs them.
- Work out which system applies: civil (non-Muslim) or Syariah (Muslim). See the comparison table below.
- Non-Muslims: no divorce petition can be filed within two years of marriage unless a judge allows it for exceptional hardship (Act 164 s 50) — see Family law.
- Muslims: apply to the Syariah court of the state where you live; a talaq pronounced outside court must be reported to the court — see Muslim family law.
- Cannot afford a lawyer? The Legal Aid Department handles family cases in both civil and Syariah courts — see Getting legal help.
Civil and Syariah side by side
| Non-Muslims (civil) | Muslims (Syariah) | |
|---|---|---|
| Law | Law Reform (Marriage and Divorce) Act 1976 (Act 164) | State Islamic family law enactment (FT: Act 303; Selangor: Enactment 2003) |
| Court | High Court (civil) | Syariah Subordinate / High Court of your state |
| Divorce | Joint petition (s 52) or single petition (s 53); not within 2 years of marriage without leave (s 50) | Talaq through the court, fasakh, khuluk (tebus talaq), ta'liq; conciliation and hakam where a spouse disagrees |
| Property on divorce | Division of matrimonial assets; homemaking counts as a contribution | Harta sepencarian |
| Children | Welfare of the child comes first; maintenance can continue through further education | Hadhanah (custody) and nafkah anak; JKSM practice direction on a child-maintenance assessment scale |
| Domestic violence | Domestic Violence Act 1994 applies to everyone | Same — plus Syariah court orders where relevant |
Islamic law is state law: each state has its own enactments, and they differ in detail. The Federal Territories' laws are federal Acts.
Which court or agency?
| Problem | Where to go | Law |
|---|---|---|
| Divorce, custody, maintenance (non-Muslim) | High Court | Act 164 |
| Divorce, hadhanah, nafkah, harta sepencarian, poligami (Muslim) | Syariah court of your state | State Islamic family law |
| Protection from violence | Police, then Magistrates' Court / Sessions Court orders | Domestic Violence Act 1994 |
| Help with reconciliation and counselling | Marriage tribunal (non-Muslim, s 106); Syariah court sulh (Muslim) | Act 164 s 106; state Syariah procedure |
Read the guides
Family law: marriage, divorce, maintenance and custodyMuslim family law and Islamic estate planningLaw Reform (Marriage and Divorce) Act 1976Islamic Family Law (Federal Territories) Act 1984 (Act 303)Domestic Violence Act 1994State Islamic laws: a guide to the 13 states and the Federal Territories
Tools
Key laws — read the copy
| Act 164 | Law Reform (Marriage and Divorce) Act 1976 Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976 | PDF · PDF (BM) · Official ↗ |
| Act 303 | Islamic Family Law (Federal Territory) Act 1984 Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984 | PDF · PDF (BM) · Official ↗ |
| Act 521 | Domestic Violence Act 1994 Akta Keganasan Rumah Tangga 1994 | PDF · PDF (BM) · Official ↗ |
| Act 505 | Administration of Islamic Law (Federal Territories) Act 1993 Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993 | PDF · PDF (BM) · Official ↗ |
| Act 585 | Syariah Court Civil Procedure (Federal Territories) Act 1998 Akta Tatacara Mal Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1998 | PDF · PDF (BM) · Official ↗ |
| State enactment | Islamic Family Law (State of Selangor) Enactment 2003 Enakmen Undang-Undang Keluarga Islam (Negeri Selangor) 2003 | PDF (BM) · Official ↗ |
| Amending enactment | Islamic Family Law (State of Selangor) (Amendment) Enactment 2018 Enakmen Undang-Undang Keluarga Islam (Negeri Selangor) (Pindaan) 2018 | PDF (BM) · Official ↗ |
| No. 7 of 2021 | Existing wife or wives to be notified to attend polygamy applications Arahan Amalan JKSM No. 7 of 2021: Pemakluman kepada isteri/isteri-isteri sedia ada untuk hadir dalam prosiding permohonan kebenaran poligami | PDF (BM) · Official ↗ |
| No. 4 of 2024 | How long a polygamy permission order remains valid Arahan Amalan JKSM No. 4 of 2024: Tempoh masa sah laku perintah kebenaran poligami | PDF (BM) · Official ↗ |
| No. 6 of 2021 | Confirming a talaq pronounced outside court and without permission Arahan Amalan JKSM No. 6 of 2021: Amalan pengesahan talaq di luar dan tanpa kebenaran mahkamah serta keengganan bersumpah (nukul) | PDF (BM) · Official ↗ |
| No. 5 of 2019 | Guideline scale for assessing child maintenance Arahan Amalan JKSM No. 5 of 2019: Garis panduan skala pentaksiran jumlah nafkah anak | PDF (BM) · Official ↗ |
| No. 6 of 2022 | Filing child maintenance together with divorce cases Arahan Amalan JKSM No. 6 of 2022: Keperluan pemfailan kes tuntutan nafkah anak bersama kes perceraian atau pembubaran perkahwinan dengan kehadiran suami | PDF (BM) · Official ↗ |
| No. 4 of 2016 | Which court hears matrimonial property (harta sepencarian) claims Arahan Amalan JKSM No. 4 of 2016: Penentuan mahkamah yang berbidang kuasa membicarakan kes harta sepencarian | PDF (BM) · Official ↗ |
Each law opens our mirror page: a copy of the official text with its capture date and version history, plus the official link.
Official links and forms
- MyGovernment — marriage for Muslim couples ↗
- National Registration Department (JPN) — non-Muslim marriage registration ↗
- Department of Syariah Judiciary Malaysia (JKSM) ↗
- Legal Aid Department (JBG) ↗
Questions people ask
Can I get divorced in the first two years of marriage?
Not normally. Section 50 bars a divorce petition within two years of the marriage. A judge may give leave to file earlier only for exceptional circumstances or exceptional hardship, after considering any children and the chance of reconciliation.
What is the difference between a joint petition and a single petition?
A joint petition (s 52) is filed by both spouses who agree to divorce and agree on arrangements for the wife and children; it is usually faster and cheaper. A single petition (s 53) is filed by one spouse alone, who must prove the marriage has irretrievably broken down using one of the facts in s 54, usually after going to the marriage tribunal (s 106).
Do I have to go to the marriage tribunal?
For a single petition, generally yes: s 106 requires a certificate from a conciliatory body that it failed to reconcile you. It is not needed for a joint petition (s 52) or a conversion petition (s 51), and there are exceptions, for example where your spouse has deserted you and cannot be found or lives abroad.
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.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
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.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
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.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
Does the Domestic Violence Act apply to Muslims?
Yes. It is federal law that applies to everyone in Malaysia, Muslim or non-Muslim. Muslims may also have remedies in the Syariah Court, but protection orders under this Act are available to all.
Is emotional abuse domestic violence?
Yes. Since 2012 the definition in s 2 includes causing psychological abuse, including emotional injury. Since 2017 it also covers threats that cause distress and insulting communications, including electronic ones.
Do I need a police report to get protection?
Not for an Emergency Protection Order: s 3A(6) says no police report is required. An Interim Protection Order is linked to a police investigation, so you need to lodge a report for that, and a Protection Order is linked to criminal proceedings.
All questions & answers → · Ask your own →