[EN] Marriage Registration in Malaysia for Muslims

There are several categories for Muslim couples to register their marriage under Islamic family law. Among the applications are as follows:

• Application for marriage certificate card
• Application for marriage that requires a court order

APPLICATION FOR MARRIAGE CERTIFICATE CARD #

Applicants who reside in a different state or federal territory of Malaysia are required to comply with the respective state religious department. 

For Federal Territories #

For Muslim couples residing in the Federal Territories such as Kuala Lumpur, Labuan, and Putrajaya, the application is made manually by obtaining the Application for Marriage Certificate Card through the JAWI website along with the original Marriage Certificate.

For State Religious Department #

For Muslim couples residing in states such as Selangor, they must strictly abide by the regulations imposed by its state religious department in Selangor, and to register for their marriage certificate card in Selangor, they must apply with the Selangor State Certificate of Attorney.

Applicants/representatives must attend at the One-Stop Centre (OSC) at Level G, Selangor Islamic Religious Department, Idris Shah Building, North Tower, Shah Alam, or District Religious Office with the following documents: –

1.An original and copy of the Certificate of Marriage

2.Passport-sized photo of husband and wife (The wife need to be fully covered or tutup aurat);

3.Payment amounting to RM40 (application at headquarters – OSC counter) / RM50 (application at District Islamic Religious Office)

PROCEDURE FOR MARRIAGE REGISTRATION #

1. During the preliminary stage of application, Malaysian Muslim couples must attend the Islamic pre-marital course before obtaining permission to marry each other from the assistant registrar.

2. Premarital HIV Test

Couples are required to undergo a premarital HIV test at a government health clinic or hospital. If the result is negative, they will be permitted to proceed to the subsequent stage.

If the HIV result is positive, the process for marriage registration will be suspended and the applicant will receive a counseling course from the Religious Department. The couples and their families will be informed about the implication of HIV which then they will have to decide whether to proceed with the marriage registration or not.

3. The assistant registrar must ensure the applicants are residing in the vicinity of the surau or mosque. He also must ensure the application forms for marriage are duly filled with the exact application form

The assistant registrar shall ensure the application form are annexed with the following documents:

• A copy of the Birth Certificate
• A copy of the Identity Card
• Certificate for Pre-marital course
• HIV results for couples
• Single Certification from the employer
• Decree nisi order (if applicable)
• Death Certificate (if applicable)
• Certificate of Conversion (for new convert)
• Authorisation letter from PDRM or Defence Ministry (if the applicant is on active duty as a police officer or military officer)

Once the assistant registrar is satisfied that the requirements duly comply, it shall certify the status in the application form concerned.

APPROVAL FOR MARRIAGE REGISTRATION #

1. Except anything contained in (iii), the registrar for marriage & divorce could only accept marriage applications authorised by the assistant registrar.
2. The registrar must ensure the application form is received within 7 days before the proposed date of marriage.
3. The registrar may accept any existing application for marriage registration.
4. The registrar upon satisfaction with the application registered in the country, shall issue an approval for marriage via stating the remarks in the application. 

Whereas for the marriage application from abroad, the registrar shall issue the marriage approval by way of Certificate of Approval of Marriage. 

APPLICATION PROCESS FOR MARRIAGE #

1. Marriage application that requires a court order

The registrar shall refer these categories of the marriage applications to the Syariah court for approval:

• Muslim woman who does not have a wali nasab or wali enggan
• Either couple who is underaged
• Polygamous marriage 
• Divorced woman prior to having sexual intercourse with her former husband (if the marriage is within the waiting period)

The Registrar shall review the applications before submitting all the relevant documents to the Syariah court for approval. Once it is satisfied with all the documents, the registrar shall issue a report and letter to the court registrar. 

2. The validity period of approval for marriage registration

1. The registrar is required to issue an approval for marriage for a valid period of Ninety (90) days from the date of issue.
2. At the application from the applicant, the registrar could extend the period of approval up to an additional 90 days for the existing application.
3. The registrar must ensure that the extension for approval must be made within 14 days from the last day of the first approval for marriage registration.
4. The registrar must ensure the application for extension of time for marriage approval is made at the Registry office whereby the first marriage approval is issued.
5. Where the period of marriage approval has elapsed, the registrar would only accept fresh applications from applicants for marriage approval.

APPROVAL TO MARRY A FOREIGN SPOUSE IN MALAYSIA #

Marriage between Malaysian citizen and a foreign spouse

1. For marriage with a foreign spouse, the registrar must ensure the application form is submitted with the following documents:

• A photocopy of a valid passport.
• An approval letter from the foreign embassy for the applicant.
• An explanation letter from the Immigration Department of Malaysia.

2. Where the foreign spouse is a woman, the registrar must ensure the attendance of wali or obtain a Certificate for walakah wali from the religious enforcement agency where the applicant is a resident of that country.

PAYMENT FOR APPROVAL FOR MARRIAGE REGISTRATION #

1. The registrar may issue the Certificate of Marriage once the applicant has satisfied the payment for the marriage application process.
2. The registrar shall issue an official letter to the applicants for the particulars of the payment.

Akad Nikah (SOLEMNISATION OF MARRIAGE) #

1. The registrar must ensure the marriage solemnization ceremony is held at the place where the woman resides.
2. The registrar may grant permission to hold the marriage ceremony in another appropriate venue.
3. The registrar shall ensure the marriage ceremony is held by:

• A wali before the registrar.
• A representative of wali with the permission of the registrar.
• The registrar himself as the representative of the wali.
• The registrar acting as wali raja or wali hakim for a woman who does not have wali nasab or wali enggan.

MARRIAGE REGISTRATION PROCEDURE #

Registration in the country #

1. The registrar shall register the marriage after the marriage solemnization ceremony in accordance with the existing Islamic laws in the country.
2. The registrar shall issue the marriage registration card within 30 days from the date of marriage solemnization.

Registration abroad  #

1. The registrar shall ensure that the application for marriage registration from abroad has not been registered with the embassy or the appointed registrar.
2. The registrar shall ensure that only unregistered marriage from abroad is allowed to apply for registration for marriage.
3. The registrar shall ensure every marriage application contains the following documents:

• Certificate of marriage from the foreign country
• Any evidence, either oral or written which satisfies the registrar prior to the marriage.
• The correct application form that is made for the marriage registration along with the applicant’s signature.
• The registrar may exempt either the husband or wife provided that the registrar is satisfied with the documents related to the marriage.
• The registrar shall state the reason as to the absence of couples during the marriage registration.
• The registrar upon the registration shall without undue delay to provide a copy of the registration form for marriage contained with the couples’ signature.
• The registrar shall be required to submit a copy of the marriage registration form to the chief registrar at the prescribed period in order to be published in the volume specifically for couples married abroad.

Institut Terjemahan & Buku Malaysia (Malaysian National Institutes of Translation)

Institut Terjemahan & Buku Malaysia
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Translation
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