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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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Is the law in Malaysia allow second marriage for non muslim?

Customer Question

Is the law in Malaysia allow second marriage for non muslim? What are the consequences of second marriage?
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.

The law on this is posted at
http://www.agc.gov.my/Akta/Vol.%204/Act%20164.pdf

The answer is No, Sections 5,6 and 7 prohibit a married person from marrying anyone else and define it as a crime, although there is an exemption for Muslims.

I hope this information is helpful.
Customer: replied 1 year ago.


If have conducted second marriage and no legal action from first wife.


1. Are the children of second wife legal?


2. Will the husband face any legal action against him by third party although his wife do not take action?


3. Can the husband obtain marriage registration with second lover?

Expert:  N Cal Attorney replied 1 year ago.
1- No, The second marriage is void and the children are not "legitimate".

The law I cited states:
5. (1) Every person who on the appointed date is lawfully married
under any law, religion, custom or usage to one or more spouses
shall be incapable, during the continuance of such marriage or
marriages, of contracting a valid marriage under any law, religion,
custom or usage with any other person, whether the first mentioned
marriage or the purported second mentioned marriage is contracted
within Malaysia or outside Malaysia.
6. (1) Every marriage contracted in contravention of section 5
shall be void.

2- Yes he can be prosecuted for bigamy. The law I cited states:
7. (1) Any person lawfully married under any law, religion, custom
or usage who during the continuance of such marriage purports to
contract a marriage under any law, religion, custom or usage in
contravention of section 5 shall be deemed to commit the offence
of marrying again during the life-time of husband or wife, as the
case may be, within the meaning of section 494 of the Penal Code
[Act 574].

3- No, Malaysian law only allows one marriage at a time to be registered by a non-Muslim.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8133
Experience: since 1983
N Cal Attorney and 3 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.
Customer: replied 1 year ago.


1. What are the penalties for committing the offence of marrying again?


 


 


2. Repeating the 2nd question above. Can the man married again illegally be taken action by a person other than his first wife?

Expert:  N Cal Attorney replied 1 year ago.

1-

The Penal Code states:
Marrying again during the lifetime of husband or wife
494. Whoever, having a husband or wife living, marries in any
case in which such marriage is void by reason of its taking place
during the life of such husband or wife and whether such marriage
has taken place within Malaysia or outside Malaysia, shall be
punished with imprisonment for a term which may extend to seven
years, and shall also be liable to fine.

 

495. Whoever commits the offence defined in section 494, having
concealed from the person with whom the subsequent marriage is
contracted the fact of the former marriage, shall be punished with
imprisonment for a term which may extend to ten years, and shall
also be liable to fine.

2-
Yes the person can be prosecuted whether or not either wife complains.

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