6. Aug, 2020

MUSLIM MARRIAGE IN MALAYSIA

 

Disclaimer: This information is purely to help those who intend to marry a Malaysian. It is just a guideline. This should not be quoted as authentic reference. For proper procedure of applying, you must consult the relevant departments like JPN, JAWI, MYGov & "Majlis Agama Islam" of your area & refer to the Act 303 of “Islamic Family Law (F.T) 1984” of ‘Laws of Malaysia’.

 

For marrying a Malaysian Muslim, both bride & bridegroom have to be Muslims. Interfaith marriages are not allowed in Malaysia. If one spouse is of a non Muslim, he/she has to convert to Islam first before getting married. {http://www.loyarburok.com/2008/07/10/muslim-non-muslim-marriages-in-malaysia/} (However, there is an exception for Malaysian men that they can marry the women of "Kitabiyah ") {Law of Malaysia, Islamic Family Law (F.T) 1984, Act 303, sec-10, page 16 http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20303.pdf}

 

The prime condition for marrying a Malaysian bride is the requirement of the consent of a “Wali” or guardian from the bride side . This should be her father and in the absence of the father (deceased or else) the elder brother or male cousin can be the wali. (unlike many other sects in Islam where a wali is not required). A qadi/registrar from Majlis Agama Islam (or Religious deptt) and the wali of the bride is needed to solemnise Nikah. {sec#13,Page 16 http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20303.pdf}

Then two witnesses are needed from the bride side & two from the bridegroom side at the time of “Nikah”.

The bridegroom has to give an agreed amount to the bride at the time of marriage which is known as “mas kahwin”. This is similar to many other countries where it is named as “Haq Meher”. {sec# 21(1)(2) Page#20 http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20303.pdf}

After that the marriage should be registered at the “Majlis Agama Islam" of that area where the bride is residing and a proper registration certificate of marriage should be obtained from them. {sec#22(1&2), Page#20 http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20303.pdf}

Usually the Nikah has to take place within the area of the mosque where the bride resides (known as "Kariah masjid") and only that relevant branch of “Majlis Agama Islam” is authorised to register & issue marriage certificate. So if the bride lives in Johor, the Nikah has to be registered in Johor Islamic Dept. {sec#19 (a&b), Page#20 http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20303.pdf}

A single status certificate is also required to get married to a Malaysian spouse. If a foreign spouse intends to marry a Malaysian in Malaysia, a “single status” certificate is required from his home country, or it can be obtained from the relevant embassy in Malaysia. It certifies that the person is still single and not married already. F.Spouses from Pakistan should obtain it from NADRA office when in Pakistan. For other countries you can find the procedures to get it with the help of the link below; {https://www.wikiprocedure.com/index.php?title=Wikiprocedure}

If your marriage has taken place already in another country and now you both spouses are coming to stay in Malaysia, then you need to re-register your marriage in Malaysia with “Agama Islam” and get the "Re-registration Marriage Certificate". After that you have to register your marriage with JPN office where the "re-registration marriage certificate" of Agama Islam office would be needed. {http://www.jpn.gov.my/en/maklumat-perkahwinan/pendaftaran-perkahwinan-bagi-pasangan-beragama-islam-yang-berkahwin-di-luar-negeri-mengikut-hukum-syarak-dan-bumiputra-sabah-sarawak-yang-bukan-beragama-kristian-serta-orang-asli-semenanjung-yang-be/#1458534909989-aacb18a6-8498}

If a Malaysian Muslim partner marries abroad as per the rules of that country, you need to get “surat kebanaran nikah di luar negara” by local state authorities. After that you need to register your marriage with the Malaysian embassy in that country, who will issue a letter named “Surat Pengesahan Nikah” & stamp in the passport of Malaysian spouse, also. After that, when the married couple comes to Malaysia, they need to again register their marriage with Agama Islam office, who will open a file of their case & process it to issue them a Malaysian Marriage Certificate. {https://www.malaysia.gov.my/public/cms/article/page/576/}

Also, if you are marrying in Malaysia, both spouses have to undergo a "marriage course" (Kursus Perkahwin) {https://www.malaysia.gov.my/public/cms/article/page/585/}

Since 2009 after a court decree, both Muslim spouses have to undergo HIV test. {https://www.malaysia.gov.my/public/cms/article/page/580/} However, in the event that a partner tests positive, the marriage is allowed to continue (provided if both parties agree) with counselling provided by the state religious department and state health departments! {https://cilisos.my/4-things-that-you-probably-didnt-know-about-islam-and-marriage-in-malaysia/}

Documents Required for Muslim Marriage in Malaysia to a Foreign National

1. Original passport:

o Copy of your partner’s passport (foreigner)

o Copy of the page showing entry into Malaysia (foreigner)

2. Copy of Visa (must be valid) (foreigner)

3. Picture (passport size) (both)

4. Birth certificate (both)

5. Copy of IC of 2 witnesses for akad nikah (Male, Muslim, adults)

6. Surat Pengesahan Taraf Perkahwinan (Original and a copy)

A translated copy if it is not in Malay or English

7. Surat Kebenaran Menikah (from Jabatan Agama Negeri (Malaysian) or Embassy (foreigner))

8. If previously married, needs Divorce Certificate or Death Certificate of previous spouse

9. HIV test and results

10. Sijil Pengesahan Memeluk Agama Islam (if one of you is a convert)

11. Borang 2C – available at Jabatan Agama Islam Negeri

12. Borang 1 – may state your address and get verification from the Ketua Kampung/ Penghulu

Additional Information:

1. Foreigners are not required to attend the Marriage Course (Kursus Perkahwinan)

2. Photocopy of Documents has to be validated by relevant authorities

We suggest that you seek further information from your Pejabat Agama on this matter for the latest and updated information, it is always best to contact the relevant agencies directly.

If Marriage Solemnised Abroad and Would Like to Register in Malaysia

(One party Malaysian, the other party Non-Malaysian)

Source, Jakim (http://www.sppim.gov.my/pdf/panduan/panduan_NCR_LuarNegara.pdf)

MARRIAGE OUTSIDE OF MALAYSIA

Malaysian Family Islamic laws allows for marriage outside of Malaysia to be registered in Malaysia provided that it is made at:

1. Any Malaysian embassy, Consulate or High Commission.

2. Any religious bodies or Islamic Council or Islamic centres that are recognized

List of documents for registration of marriage solemnised outside of Malaysia;

1. Certificate of Marriage that was issued by any religious bodies, Islamic Council or Islamic centres that are recognized by the authorities of the country’s origin.

2. The marriage must be registered within 6 months upon return to Malaysia at any Department of Islamic Affairs in any state in Malaysia. If not registered within 6 months, will be penalised.

3. Every application for registration of marriage must include;

a. Identification Card (Certified true copy) (Malaysian spouse)

b. Passport of the spouse that is not Malaysian (Certified true copy)

c. Declaration of Conversion into Islam (Certified true copy) (if any)

d. Authorization letter for marriage to be performed overseas from the Jabatan Negeri (Certified true copy) (if any)

e. Marriage Certificate translated to Bahasa Malaysia or English (Original and a certified true copy) (if any)

f. Wakalah; Letter of Wali (if Wali was not able to attend the ‘Nikah’ or marriage ceremony).

g. Any documents relating to the marriage that is certified by the religious authorities of the country where the marriage took place.

For additional information and to know your legal rights please connect with telenisa@sistersinislam.org.my Additional References: http://www.blushingkay.com/2017/02/06/marry-foreign-partner-malaysia/ http://wccpenang.org/wp-content/uploads/2013/05/syariah-marriage.pdf

Note: The rules in Malaysia keep changing, so it would be pertinent to check with concerned authorities before proceeding for any step.