Procedure for Solemnization

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PROCEDURE FOR SOLEMNISATION

Introduction

Section 24 of the IFLTE 2017 provides that every marriage which is solemnized in Terengganu after the date of the enforcement of this Enactment, shall, within 21 days of its solemnization, be registered (a) if the marriage had been solemnized according to this Enactment; or b) if the marriage does not been solemnized according to this Enactment, after the marriage be validate by the Court.

Procedure of Marriage

Section 7(1) of IFLTE 2017 states that a marriage in Terengganu shall be in accordance with the provisions of this Enactment and shall be solemnized in accordance with Hukum Syarak by (a) the wali in the presence of the Registrar; or (b) a Jurunikah, with the permission from the registrar, as the representative of the wali.

And subsection (2) provides that w here a marriage involves a woman who has no wali from nasab in accordance with Hukum Syarak, the marriage shall be solemnized only by the wali Raja.

Application for permission to marry must be done according to Section 15 of IFLTE 2017. Subsection (1) of this section provides that whenever it is desired to solemnize a marriage, each of the parties to the intended marriage shall apply in the prescribed form for permission to marry to the Registrar for the kariah masjid in which the woman is resident.
– Form 1, first Schedule of Administration of Islamic Family Law (Forms and Fees) Rules 1987. (www.emunakahat.terengganu.gov.my).

Subsection (2) of section 15 states that if the man is resident in a mukim different from that of the woman, or is resident in any State, his application shall bear or be accompanied by a statement of the Registrar of his mukim or by the proper authority of the State, as the case may be, to the effect that as far as he has been able to ascertain the matters stated in the application are true.

And according to subsection (3), the application of each party must be delivered to the Registrar at least seven days before the proposed date of marriage, but the Registrar may allow a shorter period in any particular case. Whereas subsection (4) states that the applications of the parties shall be treated as a joint application.

Section 16 provides for the issuant of permission to marry. This section provides that subject to section 17, the Registrar, on being satisfied of the truth of the matters stated in the application, of the legality of the intended marriage, and, where the man is already married, that the permission required by section 22 has been granted, shall, at any time after the application and upon payment of the prescribed fee, issue to the applicants his permission to marry in the prescribed form.

– Form 2, First Schedule of Administration of Islamic Family Law Enactment 1985 (Section 14(1)): Application for Permission to Marry for Male

– Form 3, First Schedule of Administration Of Islamic Family Law Enactment 1985 (Section 14(1)): Application for Permission to Marry for Female

– Form 4, First Schedule of the Administration Of Islamic Family Law Enactment 1985 (Permission to Marry under Section 15)

– Form 5, First Schedule of the Administration Of Islamic Family Law Enactment 1985 (Permission to Marry under Section 16)

Section 17 of the IFLTE 2017 provides for the reference to and action by Syariah Judge. The reference to the Syariah judge, according to section 17(1) can be done in the following cases, that is to say—

  1. where either of the parties to the intended marriage is below the age specified in section 8; or
  2. where the woman is a janda to whom subsection 13(3) applies; or
  3. where the woman has no wali from nasab, according to Hukum Syarak,

the Registrar shall, instead of acting under section 16, refer the application to the Syariah Judge having jurisdiction in the place where the woman resides.

Subsection (2) states that the Syariah Judge on being satisfied of the truth of the matters stated in the application and the legality of the intended marriage and that the case is one that merits the giving of permission for the purposes of section 8, or permission for the purposes of subsection 13(3), or his consent to the marriage being solemnized by wali Raja for the purposes of paragraph 12(b), as the case may be, shall, at any time after reference of the application to him and upon payment of the prescribed fee, issue to the applicants his permission to marry in the prescribed form.

Section 18 of the IFLTE 2017 states that no marriage shall be solemnized unless a permission to marry has been given—

  1. the Registrar under section 16 or by the Syar’iah Judge under section 17, where the marriage involves a woman resident in Terengganu; or
  2. by the proper authority of a State, where the marriage involves a woman resident in that State.

Section 19(1) provides that no marriage shall be solemnized except in the kariah masjid in which the woman resides, but the Registrar or Syariah Judge giving permission to marry under section 16 or 17 may give permission for the marriage to be solemnized elsewhere, whether in the State of Terengganu or in any State. A permission under subsection (1) may be expressed in the permission to marry given under section 16 or 17 (Section 19(2).

And subsection (3) provides that notwithstanding subsection (1), a marriage may be solemnized in the mukim other than that where the woman resides if—

  1. in a case where the woman resides in the State of Terengganu, a permission for the marriage to be solemnized in that mukim has been given under section 16 or 17 and the permission for the solemnization of the marriage in other mukim has been given under subsection (1); or
  2. in a case where the woman resides in a State, a permission to marry and a permission for the marriage to be solemnized in other mukim have been given by the proper authority of that State.