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Malaysian law only. Federal and state law, and Syariah law as applied in Malaysia — General information, not legal advice.

Family & marriage

Keluarga & perkahwinan

Marriage, divorce, maintenance, matrimonial property and protection from domestic violence — for non-Muslims in the civil courts and Muslims in the Syariah courts.

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

  1. 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.
  2. Find your marriage certificate, your children's birth certificates and identity cards, and a list of property and debts — every family case needs them.
  3. Work out which system applies: civil (non-Muslim) or Syariah (Muslim). See the comparison table below.
  4. 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.
  5. 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.
  6. 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)
LawLaw Reform (Marriage and Divorce) Act 1976 (Act 164)State Islamic family law enactment (FT: Act 303; Selangor: Enactment 2003)
CourtHigh Court (civil)Syariah Subordinate / High Court of your state
DivorceJoint 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 divorceDivision of matrimonial assets; homemaking counts as a contributionHarta sepencarian
ChildrenWelfare of the child comes first; maintenance can continue through further educationHadhanah (custody) and nafkah anak; JKSM practice direction on a child-maintenance assessment scale
Domestic violenceDomestic Violence Act 1994 applies to everyoneSame — 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?

ProblemWhere to goLaw
Divorce, custody, maintenance (non-Muslim)High CourtAct 164
Divorce, hadhanah, nafkah, harta sepencarian, poligami (Muslim)Syariah court of your stateState Islamic family law
Protection from violencePolice, then Magistrates' Court / Sessions Court ordersDomestic Violence Act 1994
Help with reconciliation and counsellingMarriage 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 164Law Reform (Marriage and Divorce) Act 1976
Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976
PDF · PDF (BM) · Official ↗
Act 303Islamic Family Law (Federal Territory) Act 1984
Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984
PDF · PDF (BM) · Official ↗
Act 521Domestic Violence Act 1994
Akta Keganasan Rumah Tangga 1994
PDF · PDF (BM) · Official ↗
Act 505Administration of Islamic Law (Federal Territories) Act 1993
Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993
PDF · PDF (BM) · Official ↗
Act 585Syariah Court Civil Procedure (Federal Territories) Act 1998
Akta Tatacara Mal Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1998
PDF · PDF (BM) · Official ↗
State enactmentIslamic Family Law (State of Selangor) Enactment 2003
Enakmen Undang-Undang Keluarga Islam (Negeri Selangor) 2003
PDF (BM) · Official ↗
Amending enactmentIslamic Family Law (State of Selangor) (Amendment) Enactment 2018
Enakmen Undang-Undang Keluarga Islam (Negeri Selangor) (Pindaan) 2018
PDF (BM) · Official ↗
No. 7 of 2021Existing 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 2024How 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 2021Confirming 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 2019Guideline 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 2022Filing 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 2016Which 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.

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.

More: Law Reform (Marriage and Divorce) Act 1976 →

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).

More: Law Reform (Marriage and Divorce) Act 1976 →

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.

More: Law Reform (Marriage and Divorce) Act 1976 →

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.

More: Domestic Violence Act 1994 →

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.

More: Domestic Violence Act 1994 →

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.

More: Domestic Violence Act 1994 →

All questions & answers → · Ask your own →

General information about the law in Malaysia, not legal advice. Check the current law and get advice on your own facts.
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