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🧭 Region & Middle East · #24

A Sabahan marries in Sulu or Mindanao: how do we register?

A marriage contracted in Mindanao or Sulu where the couple live in Sabah must be registered at the Sabah Islamic religious affairs office under the Islamic Family Law Enactment 2004 (Sabah), s.25 and s.31, within six months. Obtain a marriage certificate from the Shari'a Circuit Registrar or a PSA copy, not just a letter from the imam. To be registered in Malaysia, the documents usually need to be authenticated by the Philippine Department of Foreign Affairs (DFA) and the Malaysian Embassy in Manila: the Philippines has been a party to the Apostille Convention since 14 May 2019, but Malaysia is not a party to that convention (HCCH status table), so a DFA apostille alone does not apply in Malaysia (check the current procedure at the Malaysian Embassy). A contract without official documents, or without a valid wali, makes registering the child's birth and the spouse pass difficult. If the husband already has a wife, Syariah Court permission is still required; if domiciled in the Philippines, notice under Art. 162 PD 1083 must also be filed. See Philippines.

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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