KUCHING: Non-Muslim couples who are trying to register their marriage through a civil marriage but are still bound to a customary marriage (‘perkahwinan adat’) are advised to settle the issue regarding the latter first.
According to Minister of Welfare, Community Wellbeing, Women, Family, and Childhood Development Datuk Hajah Fatimah Abdullah, from January this April this year the state National Registration Department (JPN) has detected that there are 167 non-Muslims who tried to register for a civil marriage.
Fatimah revealed that the information was obtained thanks to a strategic partnership from the Sarawak Native Customs Council (MAIS) and state JPN to gain access to the Native Marriage Electronic System (NAMES) that was implemented last December.
During a press conference, Fatimah also disclosed that there are four laws that underline that a non-Muslim can only practise a monogamous marriage, whereby no marriage can happen if that person is still bound to a legal marriage under one of the four laws.
The laws are the Law Reform (Marriage and Divorce) Act (Act 164) of 1976, Part 2, Section 5 (1) and Native Customs (Declaration) Ordinance, 1996; MAIS Ordinance, 1977; Native Court Ordinance, 1992; and Native Court Rules, 1993; Law of Sarawak (Chapter 55) – Native Customary Marriages (Maintenance) Ordinance, 2003.
“Before this strategic partnership through NAMES, there was no communication between the state JPN and MAIS regarding the issue of customary marriages.
“But with that information from NAMES, we can get access to full information regarding the subject matter,” she said.
The minister also explained that in the Law Reform (Marriage and Divorce) Act (Act 164) of 1976, Part 2, Section 5 (1), it states that if a man, who is bound to marriage by means of law, religion, or custom with another woman and at the same time wants to marry another woman, that woman will not have the right to inherit anything from the man if he does not bequeath anything.
“This strategic partnership has shown that any attempt to register a civil marriage with false information from an individual who is still bound by a customary marriage has been detected.
“This means that the man or woman has to choose just one as it has been stated in the laws that a non-Muslim individual can only practise a monogamous marriage,” she said.
To ensure adherance to the relevant acts and laws, Fatimah said that the state JPN will bring forward a proposal to the Chief Minister’s Department.
The proposal will require all district offices in the state to conduct an individual status check on the couples who request to have customary marriage to see whether or not they are in a civil marriage or vice versa.
According to Fatimah, this is to protect the rights of the woman, child, or man as there are a few couples who tried to find a way to hide their previous marriages.
Meanwhile, according to state JPN senior assistant director Norazian Md Noh, the request by the 167 individuals who tried to register for a civil marriage, although they are still bound by a customary marriage, cannot be processed.
“When the said couples come to our office to check their individual status and are still bound by a customary marriage, we will ask them to settle the customary marriage first.
“Once the issue regarding their previous marriage (civil or customary) has been settled, only then their requests can be processed,” said Norazian.
Assistant Minister of Law, State-Federal Relations, and Project Monitoring Hajah Sharifah Hasidah Syeed Aman Ghazali and Assistant Minister of Women, Family, and Child Development Rosey Haji Yunus were also present during the press conference, which was held at Fatimah’s office in Baitulmakmur here on Wednesday.
