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Islamic Family Law Act · s 17

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s 17Reference to action by Syar’ie Judge

(1)

In any of the following cases —

(a)

where the woman is a janda to whom section 13(3) applies;

or

(b)

where the woman has no wali nasab in accordance with

Hukum Syara’, the Registrar shall, instead of acting under section 16, refer the application to a Syar’ie Judge having jurisdiction in the place where the woman is bermastautin.

(2)

The Syar’ie Judge, on being satisfied of the truth of the matters stated in the application and the validity of the intended marriage and that the case is one that merits the giving of permission for the purpose of section 13(3) or his consent to the marriage being solemnised by wali

Hakim for the purposes of section 12(b), as the case may be, shall, at any time after reference of the application to him and on payment of the prescribed fee, issue to the applicants in the prescribed form his permission to marry.