Islamic Family Law Act · s 13

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13.
Marriage of woman
(1) No woman shall, during the subsistence of her marriage to a man, be married to another man.
(2) Where the woman is a janda —
(a) subject to paragraph (c), she shall not, at any time prior to the expiry of the ‘iddah period, be married to any man other than to the man from whom she was last divorced;
(b) she shall not be married unless she has given her clear consent and after she has produced —

Islamic Family Law
(i) a copy of a valid certificate of divorce issued under any law then in force;
(ii) a certified copy of the entry relating to her divorce in the relevant register of divorce; or
(iii) a certificate which may upon her application, be granted after due inquiry by a Syar’ie Judge having jurisdiction in the place where the application is made, to the effect that she is a janda;
(c) if the divorce was by baain kubra, that is, three talaq, she shall not remarry her previous husband, unless she has been lawfully married to some other person and that marriage has been consummated and later lawfully dissolved and the ‘iddah period has expired.
(3) Where the woman alleges that she was divorced before the marriage has been consummated, she shall not, during the ‘iddah period for an ordinary divorce, marry any person other than her previous husband, except with the permission of a Syar’ie Judge having jurisdiction in the place where she is bermastautin.
(4) Where the woman is a widow —
(a) she shall not marry any man at any time prior to the expiration of the ‘iddah period; and
(b) she shall not marry unless she has produced a certificate of the death of her late husband or has otherwise proved his death.
(5) Where a woman has been pronounced divorced or fasakh by the
Court and the matter has been referred to the Court of Appeal, she shall not marry any other man while waiting for the decision of the Court of Appeal.

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s 13Marriage of woman

(1)

No woman shall, during the subsistence of her marriage to a man, be married to another man.

(2)

Where the woman is a janda —

(a)

subject to paragraph (c), she shall not, at any time prior to the expiry of the ‘iddah period, be married to any man other than to the man from whom she was last divorced;

(b)

she shall not be married unless she has given her clear consent and after she has produced —

Islamic Family Law

(i)

a copy of a valid certificate of divorce issued under any law then in force;

(ii)

a certified copy of the entry relating to her divorce in the relevant register of divorce; or

(iii)

a certificate which may upon her application, be granted after due inquiry by a Syar’ie Judge having jurisdiction in the place where the application is made, to the effect that she is a janda;

(c)

if the divorce was by baain kubra, that is, three talaq, she shall not remarry her previous husband, unless she has been lawfully married to some other person and that marriage has been consummated and later lawfully dissolved and the ‘iddah period has expired.

(3)

Where the woman alleges that she was divorced before the marriage has been consummated, she shall not, during the ‘iddah period for an ordinary divorce, marry any person other than her previous husband, except with the permission of a Syar’ie Judge having jurisdiction in the place where she is bermastautin.

(4)

Where the woman is a widow —

(a)

she shall not marry any man at any time prior to the expiration of the ‘iddah period; and

(b)

she shall not marry unless she has produced a certificate of the death of her late husband or has otherwise proved his death.

(5)

Where a woman has been pronounced divorced or fasakh by the

Court and the matter has been referred to the Court of Appeal, she shall not marry any other man while waiting for the decision of the Court of Appeal.