Islamic Family Law (State of Selangor) Enactment 2003 and Rules [Hingga 1hb November 2019]

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Islamic Family Law (State of Selangor) Enactment 2003

and Rules
[Hingga 1hb November 2019]


An Enactment to amend and consolidate provisions of the Islamic Family Law in respect of marriage, divorce, maintenance, guardianship, and other matters connected with family life.

* Note: This book contains both the English and Bahasa Melayu versions.

Detailed Contents Of Islamic Family Law (State of Selangor) :

The Islamic Family Law (State of Selangor) Enactment 2003 is a set of laws that governs Muslim family matters in the state of Selangor, Malaysia. The Enactment provides guidelines and regulations for marriage, divorce, custody, maintenance, and other related matters. The following is a summary of the key provisions of the Islamic Family Law (State of Selangor) Enactment 2003 and Rules up to November 1st, 2019:

  1. Marriage:

Under the Enactment, marriage is considered a contract (aqd) between a man and a woman. The couple must be of sound mind and have reached the age of maturity (baligh). The minimum age for marriage is 18 for men and 16 for women, but the court may allow marriage at a younger age under certain circumstances. The Enactment also requires the presence of two male Muslim witnesses during the marriage ceremony.

  1. Divorce:

The Enactment recognizes two types of divorce: talak and tafwid. Talak is a unilateral divorce initiated by the husband, while tafwid is a divorce initiated by the wife with the husband's consent. The Enactment sets out specific procedures for both types of divorce.

  1. Custody:

In cases of divorce, the Enactment gives priority to the mother for custody of children under the age of seven. The father has the right to custody of male children over the age of seven and female children over the age of nine, subject to the court's discretion.

  1. Maintenance:

The Enactment requires the husband to provide for his wife and children during the marriage and after divorce. The amount of maintenance is determined by the court based on the husband's income and the needs of the wife and children.

  1. Inheritance:

The Enactment provides guidelines for the distribution of a deceased person's estate among their heirs. The distribution is based on the rules of faraid, which is the Islamic law of inheritance.

  1. Polygamy:

The Enactment permits polygamy, but the husband must obtain the consent of his existing wife or wives and the court before marrying again. The court may also impose conditions on the husband before granting permission for polygamy.

  1. Matrimonial property:

The Enactment recognizes the concept of matrimonial property, which refers to property acquired by a couple during their marriage. In cases of divorce, the court may order the division of matrimonial property between the husband and wife.

These are some of the key provisions of the Islamic Family Law (State of Selangor) Enactment 2003 and Rules up to November 1st, 2019. It is important to note that the Enactment is subject to interpretation by the courts and may be amended from time to time.


Islamic Family Law (State of Selangor) Contains:

Enakmen Undang-Undang Keluarga Islam (Negeri Selangor) 2003
Islamic Family Law (State of Selangor) Enactment 2003
Kaedah-Kaedah Perkahwinan, Cerai dan Rujuk (Borang dan Fi) 2009
Marriage, Divorce and Rujuk (Forms and Fees) Rules 2009
Kaedah-Kaedah Hakam (Negeri Selangor) 2014
Hakam (State of Selangor) Rules 2014

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ISBN: 9789678927956
 
 

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