1. The development of Muslim Family Law in Malaysia

2. Malacca Sultanate
Colonial Era (British)
After Independence

3. Before Colonial Period
Hukum Kanun Melaka: Article 25 to 28
Hukum Kanun Pahang: Article 67
Undang-undang Kedah 1311H: Article 16
Content:
Translated version of summarised principles of Syafi’I school of thought on marriage and divorce. E.g.

4. Content Wali Wali’s List of priority Conditions for Ijab and Qabul
Witnesses and its numbers
Khiyar in marriage
Divorce by talaq
Iddah period

5. British Colonial Period
Straits settlement:
Muhammedan Marriage Ordinance 1880
Federated Malay States:
Perak Registration of Muhammedan Marriage and Divorce Enactment 1885
Unfederated Malay States:
Undang-undang Orang Hendak Bercerai Laki Bini dan lain-lainnya 1909 (Kelantan)
An Enactment to Provide for the Registration of Marriage and Divorce of Muhammedan 1911
Moslem Marriage and Divorce Enactment 1911

6. Content Registration of marriage, divorce and rujuk
The appointment of registrar
The duty to register marriage, divorce and rujuk
Penalty for disobeying the rules
Breach of promise to marry
Right of a wife for fasakh and ta’liq divorce

7. Differences Name of the statutes Amount of penalty
Procedure for the appointment of registrar and kadi
Their duty

8. Pre and Post Independence (50’s to 70’s)
Enakmen Pentadbiran Undang-undang Islam 1952 (Selangor)(Section 119 to 142)
Enakmen Pentadbiran Agama Islam 1978 (Johor)(Section 111 – 137)
Enakmen Undang-undang Pentadbiran Agama 1962 (Kedah)(Section 114 – 138)
Enactment no. 1 of 1959 administration of Muslim law (Malacca) (section 113 – 136)

9. Content
The appointment of jurunikah and registrar for marriage, divorce and Rujuk.
Bethrothal
Power to solemnize marriage
Venue of marriage
Permission to marry
Registration of marriage
Dowry and gifts
Types of Divorce
Alimony for dependents
Hadhanah (child custody)
Nikah gantung and matrimonial property (Johor s112)
Muta’ah (Selangor s130)

10. The development in 80’s
Jawatankuasa Teknikal Undang-undang Syarak dan Sivil (Technical Committee for Syarak and civil law) established to steer the development of Islamic law in the states.
Separate the provisions of Islamic Family in the existing Enactment.
Enacted Islamic Family law.
Reasons; more space to elaborate the technicalities and details in family law.

11. Other reasons: to lessen different of interpretations among registrars for marriage, divorce and rujuk; syarie judges; and states.
Some states adopted legal provision from other Muslim countries e.g Pakistan
Enakmen Keluarga Islam Kelantan 1983
Enakmen Undang-undang Keluarga Islam 1983 (Melaka)

12. Enakmen Undang-undang Keluarga Islam (Negeri Sembilan) 1983.
Enakmen Undang-undang Keluarga Islam 1984 (Selangor)
Enakmen Undang-undang Keluarga Islam 1984 (Perak)

13. Content
All the previous legal provisions had been restructured to be easily refered.
Marriage
Registration of Marriage
Penalties related solemnization and record of marriage
Dissolution of marriage
Alimony/Maintenance for wife and children
Hadahanah/child custody
Recognition of the marriage outside the country
Legitimacy of children
Other Penalties.

14. All the provision are more detail compare to the previous one.

15. ENACTMENT NO. 5 OF 1956 ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956
Section 118. Authority to solemnize marriages. (1) A marriage may be solemnized by any person holding a letter of appointment from the Ruler authorizing him to solemnize marriages according to the Law of the Religion of Islam. (2) A marriage may be solemnized by any other person permitted under the Law of the Religion of Islam to solemnize such marriage, provided that notice of the intended solemnization is given to a Registrar previous thereto. (3) No person shall solemnize any marriage save in pursuance of sub-section (1) or (2) of this section.

16. ENACTMENT NO. 8 OF 1982 THE ADMINISTRATION OF THE RELIGION OF ISLAM AND THE MALAY CUSTOM OF PAHANG ENACTMENT 1982
Section 59. Authority to solemnise.
(1) A marriage may only be solemnised according to Hukum Syara' by the Juru Nikah or Wali Hakim in their respective area of Jurisdiction or it may also be solemnised by a Wali or his agent provided that he has obtained the consent of the Registrar of that area.
(2) A Juru Nikah may solemnise a marriage at the request of the Wali of the woman to be wedded but before solemnising such marriage he shall make full enquiry in order to satisfy himself that there is no lawful objection according to Hukum Syara' to the marriage and he shall not perform the ceremony until he is so satisfied. For the purpose of such enquiry he may require any Muslim to appear before him to give oral or documentary evidence.
(3) If the woman to be wedded shall have no wali or a wali refuses to give his consent to the marriage without sufficient cause, the marriage may be solemnised by a Juru Nikah for the area in which the woman to be wedded normally resides but before solemnising the marriage, the Juru Nikah shall conduct an enquiry in accordance with subsection (2) provided that in the case where a wali refuses to give his consent, the marriage may only be so1emnised if the woman is sixteen years of age or more.

18. Other changes:
All divorce process must go through Syariah court proceeding. Old law: Registrar of Marriage, Divorce and Rujuk.
Application for Polygamy has be stricted where written court permission is required. Old law: Kadi’s permission.
Notice of polygamy must be send to wife once the application is made. Except for Kelantan.
Problems; ununiformed, development depends on state, gender bias, injustice to wife and children, inconsistence with Islamic teaching.

19. After 2002 Toward the uniformity of the Islamic law in Malaysia
In 1st August 1997 Council of Rulers agreed to the idea to coordinate and uniform the Islamic Family law in Malaysia.
In 22 Mac 2001, Council of Rulers consented and endorsed the uniformity of the law based on the model of the following bills:
The Administration of Islamic Law bill
The Islamic Family Law bill
The Islamic Evidence Law bill
The Islamic Civil Procedure bill
The Islamic criminal Procedure bill