REGISTRATION
Registration of marriages, divorces and revocation of divorces
3.—(1)  Every Kadi and Naib Kadi shall register in Form 1 in the Schedule every marriage solemnized by him and shall, within one week of the registration of the marriage, send to the Registrar the duly completed Form and a copy of the certificate of marriage as required under section 100(1) of the Act.
(2)  Where the parties to a marriage who have divorced attend before a Kadi for the purpose of registering the divorce, the Kadi shall, upon being satisfied in accordance with the Act that it is proper to do so, register the divorce in Form 2 in the Schedule and shall, within one week of the registration of the divorce, send to the President of the Syariah Court the duly completed Form and a copy of the certificate of divorce as required under section 99(4) of the Act.
(3)  Where the parties to a marriage who have divorced attend before a Kadi for the purpose of registering the revocation of the divorce, the Kadi shall, upon being satisfied in accordance with the Act that it is proper to do so, register the revocation of the divorce in Form 3 in the Schedule and shall, within one week of the registration of the revocation of divorce, send to the Registrar the duly completed Form and a copy of the certificate of revocation of divorce as required under section 99(1) of the Act.
(4)  Every entry in Form 1, Form 2 or Form 3, as the case may be, shall be signed by the Kadi or Naib Kadi who made the entry, and by the following persons:
(a)in the case of an entry in Form 1, by the man and the woman who are being married and by two witnesses who are present at the marriage ceremony and, where necessary, by the wali of the woman;
(b)in the case of an entry in Form 2, by the husband and the wife who are being divorced and by two witnesses to the identity of the husband and of the wife and to the divorce being effected; and
(c)in the case of an entry in Form 3, by the man and the woman who have been divorced and by two witnesses to the identity of the man and of the woman and to the revocation of divorce being effected.
[Subst. by S 296/94 wef 01/08/1994]
Record book
4.  Every Kadi or Naib Kadi shall keep a record book in which he shall record —
(a)all the evidence taken by him in any inquiry under the Act; and
(b)his reasons for refusing to register a marriage, divorce or revocation of divorce, as the case may be.
Entries in register to be signed
5.  [Deleted by S 296/94 wef 01/08/1994]
Index to register
6.  [Deleted by S 296/94 wef 01/08/1994]
Form of summons
7.  A summons issued by a Kadi or Naib Kadi shall be in Form 5 in the Schedule.
Application to have marriage solemnized
8.—(1)  Whenever any persons desire to have their marriage solemnized or registered by a Kadi or Naib Kadi under the provisions of the Act, they shall apply in writing to the Kadi or Naib Kadi, as the case may be.
(2)  The application shall be made in Form 6 in the Schedule.
(3)  The application shall be made —
(a)by the man to be wedded;
(b)by the woman to be wedded; and
(c)if the woman has a wali and her wali consents to the marriage, by the wali.
(4)  Every application shall be verified by a statutory declaration.
(5)  An application for the solemnization or registration of a marriage by a Kadi or Naib Kadi shall cease to be valid if the marriage is not so solemnized or registered within 6 months of the date of the application.
[Inserted by S 296/94 wef 01/08/1994]
Refusal of consent by wali
9.—(1)  When an application for the solemnization of a marriage is made by a woman whose wali refuses his consent to the marriage, the Kadi shall make arrangements to have the woman placed in a place of safety or other place approved by him.
(2)  The Kadi may issue a summons to the woman, to the man whom she wishes to marry, to the wali of the woman and to any other person who can give evidence in the matter to attend at an inquiry to be held not earlier than 7 days from the date of the summons.
(3)  At the hearing of the inquiry the Kadi shall hear and record the evidence of the woman, the man whom she wishes to marry, the wali of the woman and any other witness who is called to give evidence. For the purposes of such inquiry, the woman, the man whom she wishes to marry and the wali of the woman shall be deemed to be parties and shall be given an opportunity to examine, cross-examine and re-examine witnesses in the manner provided in the Evidence Act [Cap. 97].
(4)  The Kadi may call any evidence which he considers necessary.
(5)  After the inquiry the Kadi may give his decision either at once or at a later date of which notice shall be given to the parties.
(6)  If the Kadi decides to solemnize the marriage, he may solemnize the marriage at the expiry of 7 clear days from the date of his decision but he shall not solemnize the marriage if a notice of appeal has in the meantime been sent to him by the wali of the woman. Where such a notice of appeal has been sent to him, the Kadi shall not solemnize the marriage except on the order of the Appeal Board.
Application by man already married
10.—(1)  If any man who is already married to any person other than the other party to the intended marriage applies to the Kadi for the marriage to be solemnized by the Kadi or for the written consent of the Kadi for the marriage to be solemnized by the wali of the woman to be wedded, the Kadi may issue a summons to the man, to the woman whom he wishes to marry, to any wali of the woman and to any other person who can give evidence in the matter to attend at an inquiry to be held not earlier than 7 days from the date of the summons.
(2)  At the hearing of the inquiry the Kadi shall hear and record the evidence of the man, the woman whom he wishes to marry, the wali of such woman (if any) and any other witness who is called to give evidence.
(3)  The Kadi may call any evidence which he considers necessary.
(4)  After the inquiry the Kadi may give his decision either at once or at a later date of which notice shall be given to the parties.
(5)  If the Kadi decides to solemnize the marriage or to consent to the solemnization of the marriage, the marriage may be solemnized at the expiry of 7 clear days from the date of his decision but the marriage shall not be solemnized if a notice of appeal has in the meantime been sent to the Kadi. Where such a notice of appeal has been sent to him, the Kadi shall not solemnize the marriage or give his written consent to the marriage except on the order of the Appeal Board.
Kadi to consider certain matters
11.—(1)  In considering whether to solemnize or to give his written consent to the solemnization of a marriage under section 96(2) of the Act, the Kadi shall, without prejudice to his general powers to consider what is just and proper, have regard to the following matters:
(a)whether the husband is competent to support more than one wife and will be able, if he marries more than one wife, to treat them with equity in accordance with the Muslim law; and
(b)whether there is some lawful benefit involved in the marriage and in particular whether the existing wife suffers from sterility, physical unfitness for the conjugal rights or insanity.
(2)  The Kadi may refuse to solemnize the marriage or give his written consent for the solemnization of the marriage, if any failure of equal treatment between the co-wives is feared.
Divorce by mutual consent
12.—(1)  Whenever any persons desire to have their divorce by mutual consent registered by a Kadi, they shall apply in writing to the Kadi.
(2)  The application shall be made in Form 7 in the Schedule and shall be made by the husband and by the wife.
(3)  Every application shall be verified by a statutory declaration.