For subject: Family Law (Non-Muslims) in Malaysia

1. NON-MUSLIM
MARRIAGES IN
MALAYSIA
Will be presented by:
1) Ahmad Zakwan Bin Zulkiffli (1202102)
2) Muhammad Azfar Bin Zakaria (1202106)

2. Legal marriages
01
1. Before 1st March 1982
2. After 1st March 1982
Illegal marriages
02
1. Polygamous Marriages
2. Underage Marriage
3. Prohibited Relationship
4. Interfaith Marriages
Registration of
marriages
03
How to register any
marriages according to LRA
1976.
SUBTOPICS

3. Legal
marriages
01

4. BEFORE 1ST MARCH 1982
Before LRA 1976 was enacted and implemented in 1st March 1982, there was a
variety of family law here in Malaysia.
● CIVIL MARRIAGE ORDINANCE 1952
● REGISTRATION OF MARRIAGES ORDINANCE 1952
● DIVORCE ORDINANCE 1952
● CHRISTIAN MARRIAGE ORDINANCE 1956
● SARAWAK CHINESE MARRIAGE ORDINANCE 1948
● SARAWAK CHURCH AND CIVIL MARRIAGES ORDINANCES
● SARAWAK MATRIMONIAL COUSES ORDINANCE
● SABAH DIVORCE ORDINANCE 1963
● SABAH CHRISTIAN MARRIAGE ORDINANCE 1919
● SABAH MARRIAGE ORDINANCE
According to Section 3 and 4 of the LRA 1976, any marriages registered according to
these family laws is still valid even after LRA was enacted and implemented in 1st
March 1982.
LEGAL MARRIAGES

5. The case of MARRIAGE BEFORE
1ST MARCH 1982
Lynette Mei Li Ponniah v Lim Swee [2018] MLJU 1347
In this unreported case. The plaintiff (the daughter of the deceased) alleged that she
is the legitimate child of the deceased with Linda Lim and that she has the right to
be entitled as a beneficiary to the residuary estate of the deceased.
● In the court, the sisters to the deceased testified that deceased certainly had a
tea ceremony with Linda Lim whereby the ceremony is attended by aunts that
provide the couple assistance to guide in the process of union.
● The High Court judge held that since tea ceremony was Chinese custom, as such
the marriage between the deceased and Linda Lim was lawfully valid even it was
held before the LRA 1976 was taken into force.
LEGAL MARRIAGES

6. AFTER 1ST MARCH 1982
On 4 February 1970, His Majesty the King appointed a Royal Commission on
Non-Muslim Marriage and Divorce Laws, with the following terms of reference:
To study and examine existing laws relating to marriage and divorce (other than Muslim
marriages) and to determine the feasibility of a reform, if any is considered necessary, in
particular, in the light of the resolution of the United Nations Convention on consent to
marriage, minimum age of marriage and registration of marriages.
The Royal Commission made its recommendations, and the Law Reform
(Marriage and Divorce) Bill 1972 was introduced in Parliament. This led to the
Law Reform (Marriage and Divorce) Act 1976 (Act 164) which came into force
on 1 March 1982 (‘the appointed date').
After LRA 1976 was enacted and implemented on 1st March 1982, Malaysian
Family Law only govern by this sole legislation that governs the family law for
non-Muslims in Malaysia
LEGAL MARRIAGES

7. ilLegal
marriages
02

8. POLYGAMOUS
MARRIAGE
UNDERAGE
MARRIAGE
INTERFAITH MARRIAGE
ILLEGAL MARRIAGES
PROHIBITED
RELATIONSHIP
ILLEGAL MARRIAGES

9. PolygamOus marriage
● Polygamy is the practice or custom of having more than one wife or
husband at the same time.
● Law Reform (Marriage and Divorce) Act
1976 Section 5(1) restrict any new marriage contract to be
form while the existing marriage contract is still valid.
● This law also prohibits persons who are already polygamous from
adding more spouses to their family.
● Law Reform (Marriage and Divorce) Act 1976 Section 4(1) allows the
continuation of any form of marriage that happened before 1st
March 1982.
ILLEGAL MARRIAGES

10. CASEs
Re the estate of Choo Eng Choon, deceased; Choo Ang Chee v Neo
Chan Neo, Mah Inm Neo, and Neo Soo Neo (1908)
The Supreme Court had to consider whether the women' repeated
marriages to their late husband were valid in this case. The court
ruled that the marriages were legal as long as there was proof that
they were validly performed according to Chinese custom prior to
March 1, 1982.
ILLEGAL MARRIAGES

11. UNDERAGE MARRIAGE
• Underage marriage is a formal/informal marriage between a child who is
under the age of majority with an adult or another child
• According to Age of Majority Act 1971, the age of majority in Malaysia is 18
years old
• Law Reform (Marriage and Divorce) Act 1976 section 10 mentioned that
any marriage that is supposed to be solemnized in Malaysia is ruled void if
one of the parties is under the age of 18.
• However, section 21 of Law Reform (Marriage and Divorce) 1976 had an
exception for the female party.
• When the female partner is under the age of 18 but not before 16, the Chief
Minister may provide a permission to authorize the solemnization of a
marriage at his discretion.
ILLEGAL MARRIAGES

12. CASEs
Indarjit Singh v Jinder Pal, [1975] 2 MLJ 128
In this case, the petitioner petitioned for a divorce. However, due to
the fact that the respondent was fifteen (15) years of age at the time
of the marriage, the marriage was considered void and the petition
for divorce was therefore dismissed.
ILLEGAL MARRIAGES

13. Prohibited Relationship
• Marriages between family members including grandparents, parents,
children, grandchildren, uncles/aunts and siblings, etc. are not allowed
even if the relationship arises through marriage/adoption.
• parties to the marriage in Malaysia must not have any relationships
prohibiting the marriage which involve consanguinity or blood
relationships, affinity or through marriage relationship
• Law Reform (Marriage and Divorce) Act 1976 section 11
• Despite this, the Chief Minister may grant a license (Form JPN.KC01A )
under this section for a marriage to be solemnised if he is satisfied that
such marriage is unobjectionable under the law, religion, custom, or usage
applicable to the parties thereto, and such marriage shall be deemed valid
if solemnised under such licence. (section 11 clause 6).
• Sect. 11(1): nothing in this subsection forbids any person who is a Hindu
from marrying the daughter of his sister (niece) or the brother of his or her
mother under Hindu law or tradition (uncle).
ILLEGAL MARRIAGES

14. Interfaith marriages
• Before the marriage is taken place, if one party is practicing the religion of
Islam, the other party is required under the Syariah Law to convert into
Islam as well as to solemnized the marriage. Thus, the Law Reform
(Marriage and Divorce) Act 1976 is not applied to the marriage.
• However, provided in Section 51 of the Law Reform (Marriage and Divorce)
Act 1976 that if one of the party convert into Islam after marriage, the
other party who has not converted may petition for divorce that had to be
presented in three months from the date of the conversion.
ILLEGAL MARRIAGES

15. CASE
Ng Siew Pian v Abdul Wahid bin Abu Hassan, Kadi of Bukit
Mertajam District & Anor, [1992] 2 MLJ 425.
In this case, the Plaintiff and second defendant, both were Buddhists, were
married under the Civil Marriage Ordinance 1952. Later the husband who is the
second defendant, had converted to Islam and had applied to the Court of
Kadi (Now, Syariah Subordinate Court), Bukit Mertajam to annul the marriage
on the grounds that the wife who is the plaintiff had not converted to Islam.
Then, in the absence of the plaintiff, the Court of Kadi annulled the marriage
on the ground that the plaintiff refused to convert to Islam. Therefore, the
plaintiff brought an action to the High Court for declaration that the Court of
Kadi had no jurisdiction to make the order to dissolve the marriage.
ILLEGAL MARRIAGES

16. • The High Court held that the Court of Kadi had no jurisdiction to
the marriage unless both parties is Islam.
• Then, the High Court further add that Section 51 of the LRA 1976
allows for non-Muslims to apply for the dissolution of the marriage.
And the High Court has jurisdiction to hear the application and to
dissolve the marriage, even if the other party (second defendant) is
Muslim because the jurisdiction of the High Court extends to
everyone, no matter what his religion or not at all.
ILLEGAL MARRIAGES
Held:

17. 03
Registration
of marriage

18. WHERE TO REGISTER?
• There are 2 places that a non-Muslim couple can register their marriage in
Malaysia;-
1. National Registration Department (Jabatan Pendaftaran Negara)
2. Church / Temple / Association by Assistant Registrar of Marriages
REGISTRATION OF
MARRIAGES

19. HOW TO REGISTER?
• National Registration Department (Jabatan Pendaftaran Negara)
• Take the fiance or fiancee to the nearest National Registration Department
branch to submit the application, as you must do so in person.
• The marriage must be registered within 21 days + 1 day and no later than 6
months from the date of application. As a result, they should submit
their application around a month prior to their intended ROM date.
• Make an appointment with the Registrar of Marriages to have the marriage
solemnised (usually takes place 3 weeks after their registration but not
later than 6 months)
• At the National Registration Department, they can complete the official
marriage application form also commonly known as Form JPN.KC02. They
also need to bring Mykads and photocopies for both partner, as well as
one colour passport-sized photo for each application.
REGISTRATION OF
MARRIAGES

20. HOW TO REGSITER?
• Church / Temple / Association by Assistant Registrar of Marriages
• Fill out a marriage registration application at the office. Their marriage will
be solemnised by an official assigned by the National Registration
Department, and they will be able to choose the time and day afterwards.
• Within one week of the solemnization, documentation must be submitted
to the appropriate NRD office for registration by the Assistant Registrar of
Marriages.
• Prior to the solemnization and marriage registration, Malaysian citizens who
want to register according to customary marriage or religions in churches,
temples, or associations by the authorised Assistant Registrar of Marriages
must obtain verification of their marital status from any of the NRD offices.
The marriage certificate costs RM20.00.
• A RM500 fee will be applied. Under Section 21(3) of Act 164, for the
application for a licence to solemnise marriage in a location other than the
Registrar's office. REGISTRATION OF
MARRIAGES

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