The administration of marriage for the Muslims is handled by the respective Religious Affairs Department under the State Governments, the Penang state is governed by the Enactment of the Islamic Family Laws (Pulau Pinang) 1985. Marriages in Islam is guided by the Syariah Laws.
1. The man and woman must be at least 18 years old;
2. There must be full consent and acceptance from both male and female to the marriage;
3. Males and females who are above 18 but below 21 years of age must obtain consent from their parents; and
4. Females who are above 16 years but below 18 years must get special permission in writing from the Syariah judge.
5. There must be 2 witnesses to the marriage;
6. There must be a marriage gift given by the male to the female.
Marriages between certain prohibited close family relationships, including grandparents, parents, children, grandchildren and siblings, etc are prohibited.
A marriage may be solemnised by an appointed Registrar at the Malaysian Embassy, High Commission or Consulate in the country abroad with the following conditions:
1. That one or both of the parties is a Malaysian citizen;
2. That each party has the capacity to marry according to the Enactment of the Islamic Family Laws 1985; and
3. That notice has been given within the specified time period and published both at the office of the Registrar in the Embassy, High Commission or Consulate where the marriage is to be solemnised and at the Registry of the marriage district in Malaysia where each party was last ordinarily resident, and no caveat or notice of objection has been received.
1. Any person who is a citizen a of Malaysia who is married abroad must:
(i) register the marriage within 6 months after the date of marriage at the nearest Registrar abroad OR before any Registrar in Malaysia;
2. The person must:
(i) produce the marriage certificate to the Registrar; and
(ii) fill in the prescribed form with the declaration in it.
In the Muslim law, no man shall re-marry another woman while he is still married to his wife unless he obtains a written permission from the Syariah Judge and he will need to make an application to Court.
The Court will look into the following to grant the permission of the applicant:-
1. Applicant’s earning capacity;
2. Applicant’s commitment’s and responsibilities towards the new wife;
3. Applicant’s financial commitment and dependent’s in the present family; and
4. Present wife’s permission or view of a second marriage.
Upon receiving the application, the applicant and his wife will need to be present in Court and the Court will allow the application on the following grounds:-
1. That the marriage is possible ;
2. That the applicant has the ability to maintain and finance his present and new family.
3. That the applicant will be able to treat his present and new family fairly and equally;
4. The proposed marriage must not cause harm (dasar syari) or be in any form of danger to his present wife.