Kota Kinabalu: Muslim couples are now allowed to solemnise their marriages outside Sabah or abroad following passing of amendments to the Islamic Family Law Enactment 2004 by the State Legislative Assembly, Wednesday.
Deputy Speaker Datuk Al-Hambra Tun Juhar announced passing of the Bill after majority of members agreed to the amended enactment now cited as the Islamic Family Law (Amendment) Enactment 2023.
State Minister of Science, Technology and Innovation Datuk Dr Mohd Arifin Mohd Arif, who is also State Exco of Islamic Affairs, tabled the Bill, to facilitate those who solemnise their marriages outside Sabah or overseas.
“The Bill also provides more practical provisions for any Sabah Muslim resident who marries abroad to follow the laws provided by the country.
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Dr Mohd Arifin said the amendment also gives freedom to Muslim couples who want to conduct their marriages in any district in Sabah or in any other state in Malaysia without focusing on the place where the woman resides.
However, this is subject to permission from the Registrar of Marriage, Divorce and Ruju’ (Reconcile) of Muslims, the Syar’ie Judge or the authorities of a state.
“This Bill has a provision to give recognition to a marriage solemnised abroad or any other state in Malaysia as valid as long as it is in accordance with the requirements of the law of that country or state and does not conflict with the Sharia Law,” he said.
Dr Mohd Arifin said the Bill also give the Sabah Governor the authority to appoint a juru nikah (a qualified and appointed marriage officer) who can solemnise Muslim marriages) from among the registrars.
In addition, the Governor can appoint the juru nikah from any qualified person that is no longer based on boundaries of ‘kariah masjid’ (an area where villagers shared a masjid) but according to the area determined by the Chief Registrar of Marriages, Divorces and Ruju’ of Muslims.
“This Bill also provides clearer provisions related to a function of a Wali Raja (King as Guardian to the bride) whose function is not only to give away in marriage a woman who does not have a guardian (wali) from her lineage but also required in any situation where the right of guardian (wali) of the bride is transferred to the Wali Raja based on Islamic Laws,” he said.
Based on a new Section 6A (1) on appointment of Wali Raja in the amended enactment stated that the Agong may, on recommendation of the Council, by notification in the Gazette, appoint any person to be a Wali Raja, and the Agong has the authority to revoke the appointment.
Dr Mohd Arifin said the Bill will not involve the State government in any extra financial expenditures.
He said the Bill involves amendments to eight clauses whereby Clause 1 of the Bill as usual provides for the short title and commencement of the Bill which is deemed to have come into operation on Feb 14, 2023, while the rest of the clauses are as follows:
“Clause 2 of the Bill seeks to amend Section 2 of the Enactment to delete, amend and substitute certain definitions of certain terms used in the Enactment.
“Clause 3 seeks to introduce new Section 6A to provide for the appointment of Wali Raja by the Yang Di-Pertuan Agong and juru nikah by the Sabah’s Governor respectively, by a publication in the Gazette.
“Clause 4 seeks to substitute for the words ‘kariah masjid’ to the ‘area’, as the power of Registrar to give permission to marry and the power of juru nikah (marriage officials) to solemnise marriage currently are no longer subject to the boundary of ‘kariah masjid’ but subject to the boundary of area which shall be determined by the Chief Registra of Muslim Marriages, Divorces and Ruju’ (Reconciliation).
“Clause 5 seeks to subsitute for Section 20 of the Enactment to improve the provision of this section.
“Clause 7 seeks to amend Section 31 of the amendment to require a marriage of any person which is solemnised abroad to be registered before a Registrar within six months upon arrival in the State of Sabah.
“Clause 9 seeks to subsitute for Section 109 of the Enactment to provide for a recognition of marriage solemnised abroad or in any other state in Malaysia if the marriage is soleminised in accordance with Hukum Syarak or Islamic law relating to marriage, respectively.
“Clause 10 seeks to introduce new Section 135A to provide for a repeal provision for the Islamic Family Law Enactment 1992 [No.15 of 1992}.
“Other amendments not specifically dealt with in this Statement are minor or consequential in nature,” Dr Mohd Arifin said.
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