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ISLAMIC FAMILY LAW & CIVIL LAW, download (13), Islamic Family Law,…
ISLAMIC FAMILY LAW & CIVIL LAW
LAW ACT/ENECTMENT
ISLAMIC FAMILY LAW ACT
ISLAMIC FAMILY LAW ENACTMENT
LAW REFORM MARRIAGE AND DIVORCE ACT 1976
MARRIAGE REQUIREMENT
BRIDEGROOM
BRIDE
GUARDIAN (WALI)
2 WITNESSES
PRONOUNCEMENT OF OFFER AND ACCEPTANCE (IJAB AND QABUL)
Condition for bridegroom:
muslim
not within ihram haji or umrah
a specific man (taayin)
not having 4 wives
Condition for bride:
muslim
a specific woman ( taayin)
not a mahram to the prospective husband
not a wife to another person
not within the period of iddah
Condition for wali:
(Section 13 (a) IFLA - consent of wali in marriage is mandatory
muslim
man
baligh
voluntarily
not within ihram haji or umrah
not fasik
sound mind
condition for witnesses:
at least two person
a muslim man
baligh and sound mind
person who can hear, see and speak
understand the requirement of sighah ijab and qabul
conditions of offer and acceptance:
for sighah ijab lafaz tazwij the translation of both language can be used.
lafaz ijab made by the wali or representative
sighah qabul is acceptance from the man
AGE OF THE PARTIES
CONSENT
(Section 10)
KINDRED AND AFFINITY
(Section 11)
MONOGAMOUS MARRIAGE
(Section 5,6,7)
BIOLOGICALLY MALE AND FEMALE
(Section 69 (d))
Age:
Section 10
- Minimum age 18 years old
Section 21(2)
- get a special license to marriage under Chief Minister if age under 18 but exceed 16 years old
Consent:
Section 12
- for those who below 21 years old and a minor must get a written consent from the Court.
Kindred and affinity:
section 11
- parties are prohibited to marry if they are within a prohibited relationship
except for the Hindus
PROCEDURES
PLACE OF MARRIAGE IN WHERE THE BRIDE STAY
ISLAMIC REGISTRAR OFFICE
AT CONSULAR OFFICE, HIGH COMMISSION, EMBASSY (Overseas)
AT THE REGISTAR'S OFFICE
UNDER SPECIAL LICENSE FROM CHIEF MINISTER
THROUGH RELIGIOUS CEREMONY OR CUSTOM
COURT SYSTEM
CIVIL COURT
HIGH COURT REFER TO AS FAMILY COURT IN KUALA LUMPUR & SHAH ALAM
SYARIAH COURT
SOURCE OF LAW
AL QURAN, SUNNAH, IJMAK & QIAS
CIVIL LAW ACT 1956 & ENGLISH COMMON LAW
TYPE OF MARRIAGE
POLYGAMOUS ALLOWED -
SECTION 23 ILFA
MONOGAMOUS ONLY -
SECTION 5,6,7 LRA
Islamic Family Law
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NUR AIN SYAFIQAH BT YANG GHAZALI (196461)
FAMILY LAW-MIND MAP :smiley: