Cross boundary marriage under Malaysian law: Between a dream and reality

• Main Authors: Md Salleh, Anis Shuhaiza, Ahmad, Noor 'Aza
• Format: Book Section
• Language: English
• Published: Universitas Islam Riau Indonesia 2010
• Subjects: K Law (General)
• Online Access: http://repo.uum.edu.my/2685/1/ANIS_SHUHAIZA.pdf; http://repo.uum.edu.my/2685/
• Institution: Universiti Utara Malaysia

The cross boundary marriage is not a new phenomenon particularly marriages involving Malaysians and Indonesians. To name a few, the marriage between “Lombok” man and Malaysian girls, Norzuliyani Alias who ran away on September 1998 at the aged of 17 and the most current is the case of Salsabila Yunan or Bella, 15 year old girl, are just two examples out of many more living unreported. It is not to question on happiness, love and affection but most importantly to highlight the reality when disputes arise. In this paper we will be highlighting the surrounding issues not only the legality of the marriage itself but also relates to the issue of jurisdiction of the court and the rights of Malaysian wife in custody and maintenance. For example, in order to have a valid marriage, before one gets married, he or she must have capacity to marry. If the parties agreed to marry, whether they really understand and have the knowledge regarding the nature of the marriage contract because marriage involves certain obligations, i.e. the rights and responsibilities of husband and wife and also right of their child or children. The discussion will be focusing on the provisions contained in the main statutes governing marriage and divorce matters in Malaysia, i.e. The Law Reform (Marriage and Divorce) Act 1976 (Act 164) and The Islamic Family Law (Federal Territories) Act 1984 (Act 303). At the end of discussion, authors will post suggestions for betterment and for benefits of parties who might be thinking to have a cross boundary marriage.