KOTA KINABALU – Sabah now recognises Muslim marriages solemnised abroad and in any Malaysian state as long as they were conducted in accordance with Islamic law.
This comes after the state assembly unanimously passed amendments to the state’s Islamic Family Law Enactment 2004.
State Science, Technology, and Innovation Minister Datuk Mohd. Arifin Mohd. Arif said the state government is able to recognise any marriages solemnised abroad or in other states within Malaysia as long as they are in accordance with Islamic law (hukum syarak) and adhere to the laws of the respective country or state.
He further explained that the bill provides more practical provisions for Sabah residents who marry abroad to follow the laws of the country they reside in.
“They only need to register their marriage in this state within six months from their arrival date when they return to Sabah, as a valid record according to the laws of this state,” he said.
“With this amendment, couples intending to marry are also given the freedom to conduct the marriage solemnisation in any district in Sabah or in any other state within Malaysia, without being restricted to the location where the woman resides.
“However, it is subject to the approval of the registrar of marriages, divorces, and conversions to Islam, the syariah judge, or the authorities of that particular state,” he said while presenting the 2023 Islamic Family Bill (Amendment) in the Sabah assembly today.
He said that the amended bill also introduces new provisions in the 2004 Islamic Family Law Enactment to grant authority to the state governor (Yang di-Pertua Negeri) to appoint solemnisers from among registrars and qualified individuals, not restricted by the boundaries defined for mosque congregations (kariah masjid), but determined by the head of the registrar of marriages, divorces, and conversions to Islam.
According to Arifin, the bill also provides clearer provisions regarding the role of the Wali Raja (Royal Guardian) which is not only necessary for marrying women without parental guardians but also required in any situation where the guardianship rights shift to the Wali Raja in accordance with Islamic law (hukum syarak).
At the same time, the Sabah assembly also approved two more bills, namely the Shariah Courts Procedure Enactment (Amendment) 2003 and the Government Trust Fund Enactment (Amendment) 2023.
Over 12 assembly members were involved in the discussions on the three bills presented today. – The Vibes, August 9, 2023
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