What is the legal implication of a private marriage contract between Muslim couples? It is common knowledge that Muslim couples are required by law to register their marriage with the authority.
A muta’a is a marriage contracted between a male Muslim and a female Muslim, a Jew, a Christian or a fire-worshipper, with the former declaring: "I have united myself to thee" or "I have married thee" or words to that effect, and by fixing the period of cohabitation and specifying the amount of dowry.
The Court of Appeal has an answer for this in the case of Ishak Shaari v PP, as reported in NST on April 15th 2006.
Ishak Shaari was charged for statutory rape on a 14-year-old girl. He put up the defence of a contract marriage, also know as muta'a. If he succeed in convincing the court that he has entered the contract marriage with the girl,he will be acquitted. Under the Penal Code, a man having sexual intercourse with his wife without her consent within a valid marriage is not rape.
The Court of Appeal delivered the verdict that such marriage is unlawful and is not recognised in Malaysia. Muslim couples have to register their marriage with the proper authority.
I would add that such marriage contract is illegal as it is against the public policy, as stipulated in Section 24, Contracts Act.
For non-Muslims, they are governed by Law Reform (Marriage and Divorce) Act. Effective from March 1st, 1982, the marriage of non-Muslim couples must be registered under the Act. The main purpose of the Act is to prohibit polygamous marriages among non-Muslims. Customary marriage for non-Muslim couples (for instance:tea ceremony or signing a marriage contract) without registration with the proper authority is not recognised in Malaysia.
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