Checklists: what to prepare, step by step

1How to use these checklists

The six checklists below are a preparation tool. They are not court forms, not the official list of any department, and not legal advice. Their purpose: so that you do not come to the counter with incomplete documents, and do not miss a claim that should have been made.

Every line is written short so that it can be ticked with a pen. Print this page, take the checklist that fits your situation now, and tick them one by one.

The sections cited are from the Islamic Family Law (Federal Territories) Act 1984 [Act 303]. In other states, equivalent provisions are in the state enactment and their section numbers differ — see Procedure by state.

2Checklist A · Before marrying (for the first time)

Documents and steps

• ☐ Identity cards of both parties, with copies
• ☐ A pre-marriage course certificate for both parties — register early, places fill fast
• ☐ Check with the state religious affairs office whether health screening is required
• ☐ The application form for permission to marry, one for each party, to the Registrar of the mosque kariah where the woman resides (s.16(1), s.16(4))
• ☐ If the man resides in another kariah or another state: a statement of confirmation from his kariah Registrar or his state authority (s.16(2))
• ☐ Submit the application at least seven days before the proposed date of the marriage (s.16(3))
• ☐ Make sure the permission to marry has been issued before the date of the marriage contract (s.19)
• ☐ The name and relationship of the wali nasab; if there is no wali nasab, the case is referred to a Syariah Judge (s.13(b), s.18(1)(c))
• ☐ If either party is under the minimum age: the case is referred to a Syariah Judge (s.18(1)(a))
• ☐ If the woman is a divorcée: divorce certificate or divorcée certificate (s.14(2)(b)); if widowed: death certificate (s.14(4)(b))
• ☐ Make sure the ʿiddah has ended (s.14(2)(a), s.14(4)(a)) — see ʿIddah & rujuk
• ☐ Place of the marriage contract: the mosque kariah where the woman resides, or permission for another place (s.20)
• ☐ Two male witnesses, other than the person solemnising the marriage
• ☐ The mahr ready to be paid before the person solemnising the marriage and two witnesses (s.21(1))
• ☐ Write down the value of the mahr, the marriage gift, any portion not yet paid, the date promised for payment and the security — all recorded by the Registrar (s.21(2))
• ☐ Read the taʿliq wording, and decide whether you want an additional taʿliq (s.22(1)) — see Conditions
• ☐ If either party is a convert (mualaf): the conversion documents and the name as it stands in official records — see Interfaith

Questions to settle before the marriage contract, not after

• ☐ Where we will live, and who bears the rent or the instalments
• ☐ How much maintenance each month, and through which channel so that there is a record
• ☐ Each person's debts today, one by one
• ☐ Whether the wife will work, and what happens if she stops
• ☐ Who the nominees are for each person's savings, takaful and bank accounts
• ☐ Plans for children, and who will care for them
• ☐ Boundaries with the families on both sides
• ☐ The name of a counsellor or go-between whom both parties respect, before one is needed

3Checklist B · Application for permission for polygyny at the Syariah Court

A man who still has a wife may not marry again except with the prior written permission of the Court (s.23(1)). The order is: apply first, marry after.

Gather all of this BEFORE filing

• ☐ Identity cards of the applicant, the existing wife, the prospective wife and her wali
• ☐ The existing marriage certificate, and the taʿliq certificate (s.26)
• ☐ The birth certificate or identity card of every child who is a dependant
• ☐ Documents on the prospective wife's status: divorce certificate or divorcée certificate (sijil janda) (s.14(2)(b)); death certificate if widowed (s.14(4)(b))
• ☐ Proof of present income: salary slips, bank statements, and tax returns or business records if self-employed (s.23(3))
• ☐ A list of commitments and financial obligations: house, car, personal loan, credit card and education loan instalments (s.23(3))
• ☐ The number of dependants now, and the dependants who will arise from that marriage (s.23(3))
• ☐ A written ability-to-support calculation: net income less commitments, the cost of the existing household and the cost of a second household — use the calculator, print the result
• ☐ The grounds why the marriage is just or necessary, written as facts (s.23(3))
• ☐ The name and address for service of every existing wife (s.23(5))
• ☐ A statement whether the consent or the views of the existing wife have been obtained (s.23(3))
• ☐ The pre-marriage course certificate, and whatever additional documents your state asks for
• ☐ Check your state's forms, rules and fees in Procedure by state before going to the counter
• ☐ Do not fix a date for the marriage contract or pay a deposit for the reception before the written permission is obtained (s.23(1))

What happens when the case is heard

• ☐ The Court summons the applicant, the existing wife, the prospective wife, her wali, and anyone who can give information (s.23(4))
• ☐ The hearing is conducted in camera, closed to the public (s.23(4))
• ☐ Four matters are tested: that the marriage is just or necessary; the ability to support all wives and dependants; equal treatment; and no darar syarie (harm recognised by Syariah law) to the existing wife (s.23(4)(a)–(d))
• ☐ Bring the original documents and one set of copies
• ☐ Prepare witnesses who can describe facts, not opinions
• ☐ The Court may, on the application of any party, order maintenance (nafkah) for the existing wife, or a division of jointly acquired assets (s.23(9))
• ☐ An aggrieved party may appeal (s.23(6))
• ☐ If permission is granted: the Registrar issues the permission to marry once satisfied that the s.23 permission exists (s.17)
• ☐ If the marriage was contracted without permission: it cannot be registered unless the Court is satisfied that it is valid under Hukum Syarak and orders the registration (s.23(1A))
• ☐ And the mahr and marriage gifts due to the existing wife become a debt payable immediately (s.23(7))

4Checklist C · For an existing wife who receives notice

Receiving a summons does not mean the decision has already been made. You are the party called to be heard, and your factual evidence is an important part of the case.

• ☐ Keep the envelope and note the date you received the summons (s.23(5))
• ☐ Note the case number, the name of the court, and every mention or hearing date
• ☐ Read your husband's declaration (iqrar) with a pen: mark every figure you know is not accurate
• ☐ Bring your identity card, marriage certificate and taʿliq certificate
• ☐ Bring each child's birth certificate or identity card
• ☐ Bring a list of monthly household expenses that you wrote yourself
• ☐ Bring bank statements or receipts for the maintenance you actually received, month by month
• ☐ Bring proof of your own contribution to household costs, if any
• ☐ Bring proof of darar if any: medical reports, police reports, records of being deserted
• ☐ Bring the names of witnesses who can describe the household situation as facts
• ☐ Attend in person — the court summons the existing wife to attend (s.23(4))
• ☐ You may apply for maintenance (nafkah) for yourself, or for a division of jointly acquired assets (s.23(9))
• ☐ You may apply for a maintenance order separately (s.59(1)), and claim arrears of maintenance as a debt (s.69(1))
• ☐ You may appeal if aggrieved by the decision (s.23(6))
• ☐ Get advice before the hearing date — see Counselling and Existing wife

5Checklist D · After the marriage contract: registration and records

A valid marriage contract and a registered marriage are two separate things. These checklists close the gap between them.

• ☐ Make sure the Registrar enters the particulars and the taʿliq in the Marriage Register immediately after the marriage contract (s.22(1))
• ☐ The entry is witnessed by both parties, the wali and two witnesses, then signed by the Registrar (s.22(2), s.22(3))
• ☐ Make sure the marriage is registered — it is a duty, not a choice (s.25; in other states, the state enactment)
• ☐ Take the marriage certificate — it is issued to both parties (s.26(1))
• ☐ Take the taʿliq certificate too, issued to each party (s.26(2))
• ☐ Check before leaving the counter: spelling of names, identity card numbers, dates, place, the names of the wali and the witnesses
• ☐ Check the value of the mahr and marriage gifts, any portion not yet paid, and the date promised for payment (s.21(2))
• ☐ If there is an error of form or of substance, ask the Registrar for a correction (s.42)
• ☐ If the marriage was contracted abroad: register it within the period in s.31; failing to appear before the Registrar is an offence (s.35) — see Marriage abroad
• ☐ Make two copies of the certificate, one for each party, and one separate digital copy
• ☐ Update the nominees for employee savings, takaful and insurance
• ☐ Update employer records, tax records and dependant details
• ☐ Write or update a will and a hibah plan — see Faraid
• ☐ If this is a second marriage: keep the court's order of permission together with the certificate, and give a copy to the existing wife

6Checklist E · If divorce occurs

These checklists are arranged so that no claim is left out. Some claims carry time limits, so get advice early.

• ☐ The application for divorce is submitted to the Court in the prescribed form, accompanied by a declaration (iqrar) (s.47(1))
• ☐ The declaration (iqrar) contains the particulars of the marriage and the children, the facts giving jurisdiction, and earlier proceedings (s.47(1)(a)–(c))
• ☐ If a talaq is pronounced outside the court without permission: report it to the Court within seven days (s.55A(1))
• ☐ Gather the marriage certificate, the taʿliq certificate, identity cards, the children's birth certificates
• ☐ Gather financial proof: salary slips for both parties, bank statements, loan statements, household and school bills
• ☐ Gather proof of property: land titles, sale and purchase agreements, and records of who paid what
• ☐ Gather the maintenance records — dates, amounts, channels
• ☐ Consider maintenance (nafkah) for a wife or a former wife (s.59(1)); that right stops when the ʿiddah ends or the wife is in nushuz (s.65(1))
• ☐ Consider interim maintenance pending the final order (s.70(1))
• ☐ Consider mutʿah, for a woman divorced without just cause (s.56)
• ☐ Consider arrears of maintenance: they are a debt that can be claimed, are provable in bankruptcy, and remain a debt of the estate (s.69(1))
• ☐ Consider child maintenance (s.73(1))
• ☐ Consider custody (hadhanah): the mother is best entitled to the care of a young child (s.81(1)); the hadhinah's right ends at the age of seven for a boy and nine for a girl, and may be extended (s.84(1))
• ☐ Consider jointly acquired matrimonial property (harta sepencarian): the Court may divide assets acquired jointly or order their sale, and inclines towards equality (s.122(1), s.122(2))
• ☐ Consider the right to live in the home you occupy, for as long as the husband cannot provide another place (s.71(1))
• ☐ If you fear property is being disposed of: consider an order prohibiting the disposition of assets (s.107A)
• ☐ Mahr and marriage gifts: your rights under Hukum Syarak are not affected by this Act (s.57)
• ☐ File at the Syariah Court having jurisdiction; forms and fees are set by the state — see Talaq
• ☐ After the final order: make sure the divorce is registered (s.55)

7Checklist F · Documents every family should keep its own copies of

Difficulty in court is rarely because a person is not telling the truth; more often it is because he cannot prove it.

What to keep

• ☐ Marriage certificate and taʿliq certificate (s.26)
• ☐ The identity card of every family member
• ☐ The birth certificate or identity card of every child
• ☐ A record of the mahr and marriage gifts, including any portion not yet paid (s.21(2))
• ☐ Every court order: permission for polygyny, maintenance, custody (hadhanah), jointly acquired matrimonial property
• ☐ Divorce certificate or death certificate, if applicable
• ☐ Monthly maintenance records: date, amount, channel
• ☐ Property title documents: land titles, sale and purchase agreements, loan statements
• ☐ The nominees for employee savings, takaful, insurance and bank accounts
• ☐ A will, hibah or trust — see Faraid
• ☐ Important medical records for every family member
• ☐ Telephone numbers for the court, the religious affairs office and any lawyer you have used

Where and how

• ☐ One physical file, arranged in the order of the checklist above, with an index on the front
• ☐ One scanned set of copies, kept in a separate second place
• ☐ Each spouse keeps their own set — do not leave your only copy in the other party's hands
• ☐ Tell someone you trust where the file is kept
• ☐ Do not send scans of identity cards or certificates to a chat group, or to cloud storage without a lock
• ☐ Review this file once a year: add what is new, remove what is no longer relevant

8What these checklists cannot replace

A checklist organises the preparation. It does not decide rights, and it does not replace three things.

Sources & references