State Islamic family law enactments: 14 laws, their text and where it comes from

Each enactment was made by its own State legislature, and Act 303 was made by Parliament for the Federal Territories. The enacting words of each enactment, with the dates of assent, gazetting and commencement as recorded on its source, are quoted in the origin box on each State’s page.

The constitutional basis for the division of powers between the Federation and the States was not read in this review, so it is not set out here.

Three States that differ from the Act 303 model

• Terengganu (s.22). A single sentence: written permission from the “Hakim Syarie” (Syarie Judge). No listed conditions, no iqrar, no summons to the wife, no ancillary orders. Penalty s.126: a fine not exceeding RM2,000 or imprisonment not exceeding one year or both. This text was taken from an unofficial copy and please check against the gazette.
• Perlis (s.23, as amended by Enactment A19/2008). The four conditions are there, but s.23(5) requires the Court to summon the applicant only, and there is no subsection for serving the application on the existing wife. Nine subsections; the ancillary order is s.23(9), not s.23(10).
• Sarawak (s.21). The four conditions are s.21(5)(a)–(d). Section 21(10) gives maintenance for existing wives and dependants, on the Court’s own motion, but no asset-division power. Penalty under s.127: a fine not exceeding RM3,000 or imprisonment not exceeding two years or both.

In the other ten States (Selangor, Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Pulau Pinang and Sabah) the section is s.23 with ten subsections: the application and iqrar at s.23(4), the four conditions at s.23(5)(a)–(d), service on each existing wife and the woman to be wedded at s.23(6), and ancillary orders at s.23(10). The offence is s.124, because s.123 in those enactments is the appeals section.

Condition (c): the State English texts say “fair treatment” (Malay: “layanan yang adil” or “layanan adil”), while Act 303 s.23(4)(c) says “equal treatment”.

The polygamy section in the enactments read refers only to “the Court” (Terengganu s.22: “Hakim Syarie”). Section 2 defines “Court” as the Syariah Subordinate Court or the Syariah High Court, as the case may be; in Kelantan the definition refers to the Administration Enactment, and in Sarawak it also names the Syariah Appeal Court. The family law enactments themselves do not provide that polygamy applications are heard in the Syariah High Court.

Polygamy applications are heard in the Syariah High Court because of JKSM Practice Direction No. 14 of 2006, “Kuasa Membicarakan Kes Poligami Di Bawah Seksyen 23 Akta/Enakmen/Ordinan Undang-Undang Keluarga Islam Negeri-Negeri”, dated 12 April 2006 and addressed to the States’ Chief Syarie Judges. Its text, read on 14 October 2026, says that jurisdiction to try polygamy cases, the division of harta sepencarian and related matters under section 23 “hendaklah dibicarakan di Mahkamah Tinggi Syariah”, with effect from 1 June 2006. It is a practice direction, not a section of an enactment. Confirm the court level at the counter of your State Syariah Court.

Every original enactment text held states 18 for a man and 16 for a woman, except with the written permission of a Syarie Judge: s.8 in twelve States and in Act 303, and s.7 in Sarawak. In Selangor, the text of amending Enactment A56 was read on 14 October 2026: since 18 March 2019 the minimum age has been 18 for both a man and a woman, except with the written permission of a Syarie Judge (Selangor Government Gazette, 18 October 2018). In Kedah, the 2022 and 2024 amending enactments have been in force since 1 August 2025. Press reports say they raised the woman’s age to 18, but their text has not been read, so for Kedah this site does not state either figure as the current law.

The Kelantan State Assembly passed a new Islamic family law bill on 11 November 2025, reported as having 11 Parts, 178 sections and 6 Schedules, to replace Enactment No. 6 of 2002. As at 14 October 2026, its gazetting and commencement date were not found, and its text was not obtained. Until a commencement notice is found, the 2002 enactment (s.23; s.124) is the law read here.