Islamic Family Law Ordinance, 2001

Where this text comes from

Key sections

What this text shows

• Polygamy is section 21, not section 23. The section has ten subsections; the four conditions are s.21(5)(a)–(d), and service on each existing wife and the woman to be wedded is s.21(6).
• Section 21(10) lets the Court, of its own motion or on the application of any party, require the man to pay maintenance to his existing wife or wives and dependants. There is no power in s.21 to order the division of jointly acquired assets at the polygamy stage.
• The s.127 penalty is heavier than Act 303 s.123: a fine not exceeding RM3,000 or imprisonment not exceeding two years or both.
• Section numbers run two lower than Act 303 in Part II: minimum age s.7, consent s.11, permission before solemnization s.17, polygamy s.21, registration s.23. Harta sepencarian on divorce is s.58.
• Section 21 says only “the Court”. Section 2 defines it as the Syariah Subordinate Court, the Syariah High Court or the Syariah Appeal Court, as the case may be.
• Polygamy applications are heard in the Syariah High Court because of JKSM Practice Direction No. 14 of 2006 (in effect from 1 June 2006), not because of this enactment; the text of that practice direction was read on 14 October 2026.