Fatwa's Insights - Kinship

THE 36TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2018

8 - 9 MAC 2018 / 20 - 21 JAMADIL AKHIR 1439H

MARRIAGE PROCEDURES FOR MUSLIMS IN THE STATE OF PERLIS

1. Introduction

The management of marriage, divorce, and ruju' (Revocation of Divorce) for Muslims in the State of Perlis shall be conducted in accordance with Shari‘ah law. The Islamic Family Law Enactment 2006 of the State of Perlis (UUKI 2006) has established the regulations that must be adhered to in order to ensure that the management of marriage, divorce, and ruju' for Muslims is orderly and in accordance with Shari‘ah law. Therefore, the guidelines provided are intended to provide information to the Assistant Registrar regarding the procedures for managing marriage, divorce, and ruju' for Muslims in the State of Perlis. Nevertheless, in facilitating any marriage, the Assistant Registrar is bound by the Islamic Family Law Enactment 2006 of the State of Perlis (UUKI 2006) in administering the marriages of Muslims in this state.

Section 2. Interpretation

2.1 Residing means permanently or habitually dwelling in a specific area or as certified by the Syariah Judge accordingly (UUKI 2006).

2.2 The State Fatwa Committee of Perlis unanimously agrees that the meaning of the word "residing" in the Islamic Family Law Enactment 2006 of the State of Perlis (UUKI 2006) is that a person is in the State of Perlis for more than five (5) days.

2.3 This means that if a person can prove that he has been in the State of Perlis for a period exceeding that duration, he is considered “residing”.

3. Permission to Marry

3.1 Couples who wish to solemnize their marriage in the State of Perlis are required to obtain prior permission from the Perlis Islamic Affairs Department (JAIPs) through the Perlis Islamic Law Administration Division (PUS) JAIPs. Applications for permission can be obtained through the online system at the website www.sppim.gov.my. (APPENDIX A)

3.2 The requirements for completing the marriage permission form are:

a) marital status of the individuals intending to marry,

b) confirmation of residence (Village Imam / state religious authority),

 c) Confirmation of Wali (guardian) and Marriage Course Certificate (JAIPs)

d) HIV test at a health office operated by the government. (APPENDIX B)

3.3 For couples facing issues of wali's (Guardians) refusal, absent wali, marriage of new converts, polygamy and underage marriage, the application must be made through the Syariah Court of the State of Perlis. (APPENDIX C)

3.4 The completed form must be submitted to the PUS Division of JAIPs, and approval may be granted within 3 working days. (APPENDIX D)

4. Wali (Guardian)

Before the akad (solemnization) is conducted, the Assistant Registrar first asks the wali whether the wali himself will perform the marriage akad or delegate it to the Assistant Registrar. If the wali cannot be present during the akad, the wali must make wakalah before the marriage akad is conducted. The wali's wakalah may be executed by way of:

4.1 Meeting directly with the Assistant Registrar before the marriage solemnization is conducted by completing the wakalah form provided, or

4.2 In writing / sending the wakalah form for those who are unable to meet directly, or

4.3 Through telephone call. However, this method requires scrutiny / verification to ensure that there is no element of fraud. (APPENDIX E)

5. Dowry

5.1 There is no stipulation of a specific amount for dowry. It depends on mutual agreement.

5.2 The Syariah Law Administration Division (PUS) does not encourage dowry that cannot be clearly valued such as teaching Surah al-Fatihah or Surah al-Ikhlas by the bridegroom to the bride. The couple is also required to specify an amount to facilitate the administration of marriage matters in the future.

6. Ijab and Qabul (Offer and Acceptance)

6.1 The time interval between ijab and qabul is not determined; it is sufficient that it is understood that the qabul that is made is within the same assembly.

6.2 It is not a condition that qabul must be uttered in one breath.

6.3 It is not a condition to shake hands during the marriage solemnization, nor is shaking the hands while in handshake. However, if there are those who choose to shake hands to demonstrate agreement and acceptance, it is permissible.

6.4 Witnesses to the marriage solemnization must be from among those who understand the marriage contract and understand the conditions of ijab and qabul.

6.5 Repetition of the solemnization is not required unless there is clearly an error or mistake.

6.6 The Assistant Registrar must facilitate the solemnization proceedings and safeguard the dignity of the bride and groom. The marriage solemnization ceremony is not a platform for testing or interviewing the couple with questions pertaining to religious rulings.

6.7 The Assistant Registrar need not request that the couple recite istighfar and pronounce The Declaration of Faith (syahadah) publicly. Indeed, it is obligatory to believe that if the couple are Muslims, then they are Muslims. There is no need to doubt their faith. Nor should they be required to seek forgiveness for public demonstration.

6.8 The Pronouncement of Ijab may be pronounced as follows:

6.8.1 Wali Himself:

"(Name of groom), I marry you to ...... (state relationship with bride and name of bride) with a dowry of RM ............... cash/debt."

6.8.2 Wakil Wali:

"(Name of groom), I marry you to ...... (name of bride) whose wali has delegated authority to me, with a dowry of RM ........ cash/debt."

6.8.3 Wali Hakim:

"I marry you to ...... (name of bride) with a dowry of RM ........ cash/debt."

6.9 The Pronouncement of Qabul may be pronounced in one of the following ways:

6.9.1 "I accept the marriage of ..... (name of bride) with a dowry of RM ..... cash/debt."

6.9.2 "I accept the marriage of ..... (name of bride) with the aforementioned dowry."

6.9.3 I accept the marriage as stated / mentioned.

7. Marriage Sermon

7.1 The marriage sermon used by the Assistant Registrar is the sermon provided by the Syariah Law Administration Division (PUS) JAIPs published by the Malaysian Department of Islamic Development (JAKIM) or the Perlis State Mufti Department.

7.2 The guide text of the said sermon contains three (3) specific sermon texts for General Marriage, Marriage of New Converts and Polygamous Marriage. The text of the marriage sermon is also provided in the English language. This marriage sermon book published by JAKIM also includes prayers after the marriage solemnization. (APPENDIX F, G, H & I)

8. Ta’liq (Conditional Divorce Vow)

8.1 The practice of ta'liq is not practiced in the State of Perlis.

8.2 However, for a wife who wishes to make an application for ta'liq, she must obtain the consent of her spouse / husband and complete the form determined by the Syariah Law Administration Division (PUS) JAIPs. Both parties must understand and agree with the implications of the ta'liq to be made. (FORM ...)

9. Service Fees

9.1 Marriage Application Form – Free of Charge

9.2 Pre-Marriage Course Integrated Islamic Family Marriage Module (MBPKI) – RM 90.00

9.3 HIV Test – RM 1.00 (Public) Free of Charge (Government Employees)

9.4 Marriage Permission – RM 5.00

9.5 Assistant Marriage Registrar Fee – RM 85.00 

9.6 Witnesses Fee (2 Persons) – RM 50.00 

9.7 Marriage Registration Fee – RM 15.00 

9.8 Marriage Card Fee – RM 50.00

Approved and Resolved at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis (MAIPs) No. 5 of 2018.