KOTA KINABALU: Sabah will now be able to recognise Muslim marriages solemnised outside the state with amendments to the Islamic Family Law Enactment 2004 passed by the legislative assembly on Wednesday (Aug 9).
State Minister for Islamic religious affairs Datuk Mohd Ariffin Mohd Arif said the amendments would make it more practical for those who got married in other states or abroad.
He said couples have to register their marriage within six months from the date of their return to Sabah.
"After registration, such marriages become a valid record based on state laws," he said, adding that these marriages must not contradict the state's syariah law.
Other amendments passed to the enactment will allow couples to solemnise their marriage in any district within Sabah or in any other state in Malaysia, without previous requirement for it to be done at the bride's place of residence.
He said they just need to get permission from the Registrar of Islamic Marriages, Divorces and Reconciliation, a syariah judge, or the authorities of a respective state.
Mohd Arifin said the amendments also give the authority to the Yang di-Pertua Negeri to appoint marriage officials from among registrars and qualified individuals.
Assemblymen supporting the amendments hoped they would help reduce divorces especially involving locals wed to foreigners.
During his debate, Alias Sani (Warisan-Sekong) said that in Sabah one concern was that many marriages between foreigners and local women ended in divorce.
"In most divorce cases (it happened) because of the husbands," he said, adding that they did not provide financial support or left their wives and children behind to return to their home country.
"In some cases, the husband was in prison or addicted to drugs and may also have been physically violent," he said, citing reasons for the phenomenon.
He said of 4,503 divorce cases involving Malaysians and foreigners between 2014 and 2016, 1,067 were recorded in Sabah.
Norazlinah Arif (GRS-Kunak) 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.
The assembly also passed an amendment to the Syariah Court Civil Procedure Enactment 2004, to allow for the courts to hold "sulh" or mediation to resolve disputes amicably at any stage of the proceedings.
