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The Law Reform (Marriage & Divorce) Act 1976 came in force on 1st March 1982 . From that date The Malaysian law only recognises civil marriages that are registered . This law is only applicable to non-Muslims. The purpose is to avoid cases of bigamy.
Requirements for marriage- section 12
(a) Age of Groom: Aged below 18, are not allowed to marry
Aged between 18 to 21 the parents must consent to the marriage
Aged 21 and above the consent of parent is not required
Bride: Aged below 16, are not allowed to marry
Aged between 16-18, the Chief Minister must consent to the marriage
Aged between 18 to 21 the parents must consent to the marriage
Aged 21 and above the consent of parent is not required
(b) Consent
Both parties must willingly consent to the marriage. It’s an offence to force or threaten someone to compel him/her to marry against his or her will. {Section 37 LRA}
Who can Consent
(i) father; or
(ii) If the father is dead, the mother; or
(iii) if the child is illegitimate, the mother; or
(iv) if the child is adopted, the adopted father;
(v) if the adopted father is dead, the adopted mother;
(vi) if both parents (whether natural or adopted) are dead, the legal guardian.
Prohibited marriges
One cannot marry his or her (a) grandparent, parent, child or grandchild, sister or brother, grand aunt or grand uncle, aunt or uncle, niece or nephew, grand niece or grand nephew.
(b) grandparent or parent, child or grandchild of his or her spouse or former
spouse.
(c) the former spouse of his or her grandparent or parent, child or grandchild.
(d) No person shall marry a person whom he or she has adopted or by whom he or she has been adopted.
Note: A Hindu may marry his sister's daughter (niece) or her mother's brother (uncle).
Bigamy
Any marriage where husband or wife merely went through a religious or customary ceremony before 1st march 1982 or legally registered after 1st march 1982 is valid. This means that if either party marries again (whether a customary marriage or legal registration), he/she would be committing bigamy, which is punishable under the Penal Code.
Procedure for getting married
A. Marriage solemnised upon issuance of a certificate for marriage by the Registration Department (Jabatan Pendaftaran Negara)
Notice of marriage
a. obtain a form from the National Registration Department in the district where couple have been living 7 days prior to that date.
b. sign the form and a statutory declaration stating that they are above the age of 21; whether widower or widow; if below the age of 21, the appropriate consent has been obtained.
c. submit to the Registrar
Publication of the notice
a. the notice to be published by posting a copy in a conspicuous place in the registration office visible to the public
b. the notice will be posted until the completion of 3 months or until the certificate is granted whichever is the earlier.
Issuance of certificate
a. after expiration of 21 days from the date of publication of the notice
b. upon payment of the prescribed fee
If the Registrar of Marriages is satisfied that all the requirements have been complied with. he shall issue a certificate for marriage.
Note: The marriage should take place within 6 months of publication or posting of the notice failing which the entire process will have to be repeated.
Objections to the marriage
a. Anyone with a valid reason for objecting or preventing the registration of a marriage, can enter a Caveat with the Registrar of Marriages against the issue of a certificate for the marriage in respect of a person who has applied for a certificate of marriage.
b. Once a Caveat is entered, the Registrar shall enquire into the merits of the objection
If he feels that there are no merits, he will issue the certificate for marriage.
If he is satisfied that there are merits, he will not issue a certificate for marriage and the person applying for it can appeal to the High Court and the decision by the High Court shall be final;
If he is uncertain as to whether to issue a certificate of marriage, the Registrar shall refer the matter to the High Court.
Note: Any person who wrongfully enters a Caveat will upon conviction be liable for imprisonment not exceeding 3 years or fine not exceeding RM3,000.00 or both.
Source: www.malaysianbar.org.my
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