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Explain the procedure Involved when a bride who lives and work in Kuala Lumpur wants her akad

nikah to be conducted in her grooms hometown in Alor Setar Kedah.


The issue here is whether the solemnization of marriage can be done in places other than
the kariah masjid in which the woman resides.
First and foremost in regards to the procedure and formalities & registration of marriage, both
parties, the man and the woman that are intended to marry each other must apply a prescribed
form to marry to the Registrar for the kariah masjid in which the woman is the resident of, this is
clearly stated as in S16 of IFL(FT)ACT. And S16(2) of the same act provides that, if the man is a
resident of a different kariah masjid than the woman, or is resident in any State, his application shall
bear and be accompanied by a statement of the Registrar of his kariah masjid or by proper authority
of the State(where hes from), as the case may be, to the effect that as far as he has been able to
ascertain the matters stated in the application are true.
Applying to the question here, both the future bride and groom to be shall make an application each
respectively to the Registrar in the brides kariah masjid in Kuala Lumpur. But for the groom, his
application that he would make to the kariah masjid in Federal Territory of Kuala Lumpur shall be
accompanied by a statement of a Registrar of his own kariah masjid in Alor Setar Kedah for the
reason to ascertain matter that he addressed in application are true.
S16(3) of the act provides that the application of each party must be delivered to the Registrar at
least seven days before the proposed date of marriage, but the Registrar may allow a shorter period
in any particular case. Then, in accord to S16(4) of the act the applications of the parties shall be
treated as a joint application.
Applying to the question, the groom( accompanied by statement of his own kariahs Registrar in
Kedah) and the bride shall deliver the application to the Registrar in the brides Kariah in Kuala
Lumpur at least seven days before their proposed date of marriage, then both of their applications
will be treated as a joint application before the issuance of permission to marry is given.
Then, In accordance to S17 of the act, when the Registrar(of the brides kariah) is satisfied of the
truth of the matters stated in the application, of the legality of the intended marriage, and where
the man is already married, that the permission required by S23 of the act has been granted shall at
any time after the application and upon payment of the prescribed fee, issue to the applicants his
permission to marry in prescribed form.
In any case where by the Registrar finds that,(a) either parties to the intended marriage is
underage,(b) where the woman is a janda in edah period or, (c) the woman has no wali from nasab.
The registrar before acting on S17 of the act shall refer to the application to the Syariah Judge having
jurisdiction in the place where the woman resides(Federal Territory of Kuala Lumpur as in regards to
this question) before the issuance of permission to marry given by the Syariah Judge.
Applying to the question, if the Registrar finds that the groom or the bride to be underage, or, the
bride is in her edah period or the woman has no wali, the matters in giving the permission to marry
will then be referred to the Syariah Judge haaving jurisdiction where the woman resides(Federal
Territory of Kuala Lumpur), and upon the satisfaction on his rulings only then the permission to
marry will be issued(also upon payment of fees).

S19(a) of the act provides that permission is necessary before solemnization, and permission to
marry has to be given by the Registrar under S17 of by Syariah Judge under S18, where the marriage
involves a woman resident in the Federal Territory.
S20(1) of the act clearly states that No marriage shall be solemnized except in the kariah masjid in
which the woman resides, but the Registrar or Syariah Judge giving permission to marry under
section 17 or 18 may give permission for the marriage to be solemnized elsewhere, whether in the
Federal Territory or in any State.
Giving a more vivid enlightenment upon this matter S20(3)(a) further provides that a marriage may
be solemnized in a kariah masjid other than that where the woman resides if in any case where the
woman resides in Federal Territory, a permission for the marriage to be solemnized in that kariah
masjid has been given under S17 or S18 and that permission for solemnization of the marriage in
other kariah masjid has been given under S20(1).
A permission to marry from a Registrar or a Syariah Judge is very vital to solemnize a marriage as no
marriage can be registered without a solemnization as in accord to S22 of the act provides so.
Applying the most important issue to the question here, generally stated in S20 a solemnization of
marriage or Akad Nikah shall be held only in the kariah masjid which the woman resides, but it does
come with an exception whereby a permission to solemnize elsewhere within the Federal Territory
or the State has been given by the Registrar or the Syariah Judge that approves the permission to
marry.
Thus, in conclusion for the bride to be solemnized in a different Kariah Masjid other than where she
resides, she must obtain the permission to do so from the same Registrar that issues their
permission to marry, and if her permission to marry was issued by a Syariah Judge given under S18,
she must obtain the permission to be solemnized in other kariah masjid than her own from that
Syariah Judge, and only then they may have their akad in the grooms kariah masjid in Kedah.