Family
A civil track and a separate Syariah track for Muslim marriages
The Women's Charter governs civil marriage and divorce, while the Administration of Muslim Law Act gives the Syariah Court jurisdiction over Muslim marriage, divorce and inheritance. Which track applies depends on the parties' religion, not their choice.
Key rules
- Jurisdiction — The Family Justice Courts hear civil matters; the Syariah Court hears Muslim personal law, with concurrent jurisdiction over custody and assets in defined circumstances.
Governing law
- Women's Charter 1961
- Administration of Muslim Law Act 1966
- Guardianship of Infants Act 1934
In practice
Civil divorce previously required proving a fact such as adultery, desertion or three years' separation, but a 2022 amendment added divorce by mutual agreement, in force from 2024. There is a three-year minimum marriage duration before filing, relaxed only for exceptional hardship. Matrimonial assets are divided on a just and equitable basis, with the courts giving real weight to non-financial contributions; there is no presumption of equality. Maintenance may be ordered for a wife or an incapacitated husband. On the Syariah side, divorce mechanisms including talak apply, and the Court applies Shafi'i principles with statutory overlays.