Islamic Family Law (Federal Territories) Act 1984 (Act 303) [As At 5th October 2022]

The Islamic Family Law (Federal Territories) Act 1984 (Act 303) is a law in Malaysia that governs family matters for Muslims in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya. This law was enacted in 1984 and has been amended several times since then, with the most recent amendment made on 5th October 2022.

The Act covers a range of family matters, including marriage, divorce, custody of children, maintenance, and inheritance. Below are some of the key provisions of the Act:

1. Marriage: The Act sets out the requirements for a valid Islamic marriage. These include the consent of both parties, the presence of at least two witnesses, and the payment of a dowry by the groom to the bride. The Act also provides for the registration of marriages and allows for the appointment of marriage registrars.

2. Divorce: The Act provides for several grounds for divorce, including adultery, cruelty, desertion, and irretrievable breakdown of the marriage. The Act also sets out the procedures for divorce, including the requirement for the parties to attempt reconciliation before divorce proceedings can be initiated.

3. Custody of children: The Act provides for the custody of children in the event of divorce or the death of a parent. The Act states that custody of a child under the age of seven should be given to the mother, unless it is not in the best interests of the child. For children over the age of seven, the court will take into account the wishes of the child before making a custody order.

4. Maintenance: The Act provides for the payment of maintenance by a husband to his wife and children in the event of divorce or the death of the husband. The amount of maintenance will depend on several factors, including the needs of the wife and children and the husband's ability to pay.

5. Inheritance: The Act provides for the distribution of a deceased Muslim's estate according to Islamic law. This includes the payment of funeral expenses, the settlement of debts, and the distribution of the remaining assets among the deceased's heirs.

The Act also provides for the establishment of a Shariah Court, which has jurisdiction over family matters for Muslims in the Federal Territories. The Shariah Court has the power to hear and determine disputes related to marriage, divorce, custody, maintenance, and inheritance.

In summary, the Islamic Family Law (Federal Territories) Act 1984 (Act 303) is an important law that governs family matters for Muslims in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya. The Act provides for the requirements and procedures for marriage and divorce, the custody of children, the payment of maintenance, and the distribution of inheritance. The Act also establishes a Shariah Court with jurisdiction over family matters for Muslims in the Federal Territories.