KOTA KINABALU, Aug 9 — Muslim couples who marry outside of Sabah will now be recognised by the state following amendments passed in the state assembly today.
State Islamic Religious Affairs Minister Datuk Mohd Ariffin Mohd Arif said that the amendments to the Islamic Family Law Enactment 2004 was a practical move that benefited those who married in other states or abroad.
“Couples must register their marriage within six months from the date of their return to Sabah.
“The marriage will be on record based on state laws after their registration, as long as it does not contravene any Shariah laws.
The amendment will allow the couple freedom to conduct their akad nikah in any district in Sabah or Malaysia without being restricted to the bride’s residence, as previously required.
“However, it is still subject to the approval of the Registrar of Marriages, Divorces and Reconciliations for Muslims, a Shariah judge or authorities of the respective state,” he said during his speech when tabling the amendments.
The Bill was debated by 12 assemblymen, who expressed support for the amendments and hope that it would help the authorities look at reducing divorce cases in the state.
According to the Shariah Department statistics, there were 3,037 divorce cases in Sabah.
Also, out of the 4,503 divorces nationally between a foreigner and a Malaysian in 2014 and 2016, 1,067 were in Sabah.
Sekong assemblyman Alias Sani said most divorce cases involving Malaysians and foreigners were because husbands had failed to provide financial support, were in prison, addicted to drugs, physically violent or had left their wives and children behind to return to their home country.
“As for the main contributing factors to the overall divorce crisis affecting Muslim couples, particularly Malaysians, are financial issues, emotional stress, lack of self-control or cases of unequal partnership or marriages of unequal social status,” he said.
Kunak assemblyman Norazlinah Arif also highlighted the need to tackle the issue of “kampung marriages” between undocumented foreigners and locals.
She said such marriages caused problems for the state over the children’s legal status.
