State enactments · Sarawak
Islamic Family Law Ordinance, 2001
Islamic family law for Sarawak, as held by this site. Every section has its own address, so references on this site can open the exact section.
English text from the official State source. The English text below is the Sarawak LawNet online reprint, incorporating amendments up to 31 July 2008. The Malay text comes from the web-archive copy of the e-Syariah portal (capture 2017), covers the key Parts only, and is not the State’s official text.
Where this text comes from
Short title (section 1), Malay
Short title (section 1), English
Number
Chapter 43 (Bab 43), Laws of Sarawak; the e-Syariah portal labels it “Ordinan 43 Tahun 2001”
Enacting words, as written
Dates as recorded in the source header
Where the text was obtained
Sarawak LawNet, State Attorney-General’s Chambers (full English text, incorporating amendments up to 31 July 2008); Malay text from the web-archive copy of the e-Syariah portal, capture 2017
Accessed on
14 October 2026 (GST; 13 October 2026 UTC)
Languages held
Malay and English
How much was read
Full text: 141 of 141 numbered sections held
Key sections
Polygamy section
Polygamy without permission
s.127: a fine not exceeding RM3,000 or imprisonment not exceeding two years or both
Minimum age
s.7: 18 for a man and 16 for a woman, except with the written permission of the Syarie Judge, as in the text held
Registration of marriage
Harta sepencarian on divorce
Definition of “Court”
What this text shows
- Polygamy is section 21, not section 23. The section has ten subsections; the four conditions are s.21(5)(a)–(d), and service on each existing wife and the woman to be wedded is s.21(6).
- Section 21(10) lets the Court, of its own motion or on the application of any party, require the man to pay maintenance to his existing wife or wives and dependants. There is no power in s.21 to order the division of jointly acquired assets at the polygamy stage.
- The s.127 penalty is heavier than Act 303 s.123: a fine not exceeding RM3,000 or imprisonment not exceeding two years or both.
- Section numbers run two lower than Act 303 in Part II: minimum age s.7, consent s.11, permission before solemnization s.17, polygamy s.21, registration s.23. Harta sepencarian on divorce is s.58.
- Section 21 says only “the Court”. Section 2 defines it as the Syariah Subordinate Court, the Syariah High Court or the Syariah Appeal Court, as the case may be.
- Polygamy applications are heard in the Syariah High Court because of JKSM Practice Direction No. 14 of 2006 (in effect from 1 June 2006), not because of this enactment; the text of that practice direction was read on 14 October 2026.
To be checked for this State
- Amendments after 31 July 2008: the LawNet file name says “2024”, but its cover says amendments up to 31 July 2008.
- No official Malay text was found; the Malay text below is the e-Syariah portal copy. Condition (c) in that portal Malay text reads “layanan sama rata”, while the LawNet English text reads “fair treatment”.
- Harta sepencarian (s.58): the LawNet English text reads “incline towards equality”, while the portal Malay text reads “pembahagian yang sama banyak”.
The text held
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141
The text above is a copy for reference, copied unchanged from the source stated; spelling errors in the source are kept. The binding text is the one gazetted by this State, including the latest amendments. This page is not legal advice.
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