Law
Each state, its own enactment
Islamic family law in Malaysia is a State matter: 13 States + the Federal Territories — 14 Islamic family laws. The four conditions for permission to practise polygamy are written in s.23 in ten States and in Act 303, and in s.21(5) in Sarawak. Two States differ in their text: in Terengganu, s.22 of the 2017 Enactment requires only the written permission of the Syarie Judge and lists no conditions; in Perlis, s.23 lists the four conditions but requires the Court to summon the applicant only, with no subsection for serving the application on the existing wife, and the maintenance or asset-division order is s.23(9). Forms, fees, timelines, penalties and court practice differ by State.
The text of each enactment, with an address for every section and the origin of every copy, is at State enactments. A comparison of sections & penalties is at Polygamy in Malaysia. Penalty for polygamy without permission: a fine not exceeding RM1,000 or imprisonment not exceeding 6 months or both in most States (Federal Territories s.123; eleven States s.124) — Terengganu: not exceeding RM2,000 or 1 year or both (s.126); Sarawak: not exceeding RM3,000 or 2 years or both (s.127).
Which level of court? The Islamic family law enactments say only “the Court”, defined in s.2 as the Syariah Subordinate Court or the Syariah High Court, as the case may be. The hearing of polygamy applications in the Syariah High Court rests on Practice Direction No. 14/2006 of the Department of Syariah Judiciary Malaysia (JKSM), in force from 1 June 2006, which directs that polygamy cases under Act 303 s.23 and the same section of the state enactments be tried in the Syariah High Court. The text of that practice direction has been read by this site.
13 states + the Federal Territories
One country, fourteen laws
Islamic family law is state law. The shape is almost the same — section 23 for polygamy (Sarawak: s.21; Terengganu: s.22) — but forms, fees and penalties are set by each state.
WP · s.23Federal Territories JAWI1984Islamic family law Act s.123: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
SGR · s.23Selangor JAIS2003Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
JHR · s.23Johor JAINJ2003Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
KDH · s.23Kedah JAIK2008Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
KTN · s.23Kelantan JAHEAIK2002Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
MLK · s.23Melaka JAIM2002Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
NSN · s.23Negeri Sembilan JHEAINS2003Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
PHG · s.23Pahang JAIP2005Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
PRK · s.23Perak JAIPk2004Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
PLS · s.23Perlis JAIPs2006Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
PNG · s.23Pulau Pinang JHEAIPP2004Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
TRG · s.22Terengganu JHEAT2017Islamic family law enactment s.126: A fine not exceeding RM2,000 or imprisonment not exceeding 1 year(s), or both
SBH · s.23Sabah JHEAINS2004Islamic family law enactment s.124: A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both
Details verified from official state sourcesEnactment identified — other details please check with the state department
Year = year of the current enactment/act/ordinance. Source of details: the respective state religious department.At a glance
Same & different
What is uniform, what varies by state
Almost the same nationwide
- The four conditions for polygyny (the Terengganu text does not list them)
- Section 23 for polygyny (Sarawak: s.21; Terengganu: s.22)
- Forms of Islamic family law
Set by each state
- Forms
- Fee
- Period
- Court practice
- Penalties
Details by state
| State | Enactment / Act | Section | Department | Offences & maximum penalty |
|---|---|---|---|---|
| Federal Territories | Islamic Family Law (Federal Territories) Act 1984 | 23 | JAWI · Federal Territories Islamic Religious Department | s.123 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Selangor | Islamic Family Law (State of Selangor) Enactment 2003 | 23 | JAIS · Selangor Islamic Religious Department | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Johor | Islamic Family Law (State of Johor) Enactment 2003 | 23 | JAINJ · Johor State Islamic Religious Department | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Kedah | Islamic Family Law (Kedah Darul Aman) Enactment 2008 Enactment number not settled: printed in the gazette of 27 March 2008 as “Enakmen No. 7 tahun 2008”, and cited by the State itself as “Enakmen No. 11 tahun 2008” (Pembetulan K.P.U. 31/2008). |
23 | JAIK · Kedah State Department of Islamic Religious Affairs | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Kelantan | Islamic Family Law Enactment 2002 Enactment No. 6 of 2002 is the law that was read; its short title in s.1 does not contain the State’s name. A new Kelantan Islamic family law bill passed the State Assembly on 11 Nov 2025, but its gazetting and commencement date were not found as at 14 Oct 2026, and its text was not obtained. |
23 | JAHEAIK · Kelantan Department of Islamic Religious Affairs | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Melaka | Islamic Family Law (State of Melaka) Enactment 2002 | 23 | JAIM · Melaka Islamic Religious Department | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Negeri Sembilan | Islamic Family Law (Negeri Sembilan) Enactment 2003 | 23 | JHEAINS · Negeri Sembilan Department of Islamic Religious Affairs | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both s.38 False declaration or statement for procuring a marriage ✓ verified · JHEAINS Enforcement Division leafletA fine not exceeding RM2,000 or imprisonment not exceeding 1 year, or both |
| Pahang | Islamic Family Law Enactment 2005 For the Malay title, consult the official text: only the English short title in s.1, “Islamic Family Law Enactment 2005”, was read (Enactment No. 3 of 2005). That title does not contain the State’s name. |
23 | JAIP · Pahang Islamic Religious Department | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Perak | Islamic Family Law (Perak) Enactment 2004 For the Malay title, consult the official Malay text; the English short title in s.1 is “Islamic Family Law (Perak) Enactment 2004” (Enactment No. 6 of 2004). |
23 | JAIPk · Perak Islamic Religious Department | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Perlis | Islamic Family Law Enactment 2006 The short title in s.1 does not contain the State’s name (Enactment No. 7 of 2006). Section 23 in Perlis lists the four conditions, but requires the Court to summon the applicant only, and there is no subsection for serving the application on the existing wife; the maintenance or asset-division order is s.23(9). |
23 | JAIPs · Perlis Islamic Religious Department | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Pulau Pinang | Islamic Family Law (State of Penang) Enactment 2004 Enactment number not settled: “Enakmen 5 Tahun 2004” on the e-Syariah portal’s original text, and “Enakmen 3” on its updated text. |
23 | JHEAIPP · Penang Department of Islamic Religious Affairs | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Terengganu | Islamic Family Law (Terengganu) Enactment 2017 Section 22 requires only the written permission of the Syarie Judge; it does not list the four conditions as s.23 of the state enactments of the other States does. This text was read from a non-official copy; please check it against the gazette (En. Tr. 1/2017). |
22 | JHEAT · Terengganu Department of Religious Affairs | s.126 Polygamy without permission A fine not exceeding RM2,000 or imprisonment not exceeding 1 year(s), or both |
| Sabah | Islamic Family Law Enactment 2004 The short title in s.1 does not contain the State’s name (Enactment No. 8 of 2004). |
23 | JHEAINS · Sabah State Department of Islamic Religious Affairs | s.124 Polygamy without permission A fine not exceeding RM1,000 or imprisonment not exceeding 6 months, or both |
| Sarawak | Islamic Family Law Ordinance, 2001 Chapter 43, Laws of Sarawak; its short title does not contain the State’s name. The four conditions are s.21(5)(a)–(d). Section 21(10) gives power to order maintenance for the existing wife and dependants, but no power to divide assets at the polygamy stage. |
21 | JAIS · Sarawak Islamic Religious Department | s.127 Polygamy without permission A fine not exceeding RM3,000 or imprisonment not exceeding 2 year(s), or both |
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