Malaysia and UK Marriage Laws

Jimmy says: October 22, 2014 at 5:54 am

UK:

To answer your question SJSS, Marriage between couple (here Malaysian Muslim and UK Christian) in UK is governed by Marriage Act 1949 and Marriage Causes Act 1973. As far as the British law is concerned the couple need only to have the capacity to marry. Religion is not a factor under S(11) and S(12). Therefore, as far as the British Law is concerned provided that both of you have the capacity to marry, it doesn’t give a hood about one’s religion . Therefore religion is not a criteria under S(11) for annulment. So in short, interfaith marriage is welcomed in UK and conversion to other faith is more of a personal choice . This is also guaranteed through Article 8, 12, 14 of the European Convention of Human Rights.

Malaysia Marriage Laws:

For Muslim marriage, there are different laws and doctrines governing it. However, to be specific to your question, will only advise you on Malaysian Law. In Malaysia, the Federal Constitution is supreme and the Freedom of Religion is something which is guaranteed by the constitution under Article 11. When it comes to Family law (namely Marriage), there are two primary statutes, LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 (For Civil Marriage) and ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 (On Muslim Marriage). The Civil Marriage Act of 1976 specifically states on page 11 that “This Act shall not apply to a Muslim”. However, as a point of contention, Muslim in Malaysia has a narrow interpretation. According to the National Fatwa Council and as per the Fatwa decreed in 1996 by the Committee that “Muslims in Malaysia must only follow the teachings of Islam based on the doctrine of the Ahl al-Sunnah wa al-Jama’ah on creed, religious laws and ethics”, which means other sects ( Shia, Ahmadiyyah, Sufi, Bahai ) are not considered as Muslim as per the decree on the Fatwa Council. So what does that mean to you ?. if your Husband is not a follower of “Ahl al-Sunnah wa al-Jama’ah” then he is considered a Non-Muslim and would be governed under LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 (For Civil Marriage). In other words you do need need to convert or embrace Islam for the sake of the marriage as there are no legal provision to do so. It also doesn’t stop you from registering your marriage at the Malaysian Embassy in London. However you need understand that it does not give him any special privilege in Malaysia apart that he can now be on a Spouse Visa and eventually and if he fulfills the requirement criteria, he could be a Malaysian PR ( still under the discretion of the Minister). Nevertheless, there are easier way to achieve this than to be on a spouse visa. Hope that explain that if he is not a follower of Ahl al-Sunnah wa al-Jama’ah”. ( Note: Both of you need to convert to Sunnah in order to be considered as a Muslim in Malaysia, conversion to other Muslim sects is forbidden through official channel)

Things are a bit more complex if he is a follower of “Ahl al-Sunnah wa al-Jama’ah“. Then the narrow interpretation would bite, however, I am not sure if it is only confined to Muslims as in Malaysian Citizen or any Muslims at large. Supposedly it does covers Muslim at large, then the ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 (Act 303) would bite. However, under S10 of Act 303, A Muslim Man is allowed to marry a Kitabayah. A Kitabayah is a Christian woman whose ancestors were Christians before the prophethood of the Prophet Muhammad; or a Jewess whose ancestors were Jews before the prophet-hood of Jesus.

If you are not a Kitabayah then you need to convert to Sunnah. However, converting to Sunnah does not mean you need to chage your name. Again this is optional and it is not mandatory criteria. The are certain procedures to be adhered under Sharia before you can be pronounced a Muslim and your marriage to be solemnized in Malaysia. Once again, all this only apply if you want your marriage to be solemnized under Malaysia Law. Otherwise, he could be on a tourist visa which would allow him up to 6 months of stay in Malaysia. As for legal rights, you would be governed by common law.

Hope that answers your question. -Jimmy

Also read: Malaysian Marriage laws, Malaysian Muslim-Hindu marriages, Singapore Marriage laws, Don’t Fake-convert, Polygamy and Talaak, Indian marriage laws, 45.1% of Muslim girls marry to non-Muslim in America.
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