Malaysia

Kidnapping or abducting a woman to compel her marriage, etc. 

366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

 Rape 

375. A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions:

(a) against her will; 

(b) without her consent; 

(c) with her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception; 

(d) with her consent, when the man knows that he is not her husband, and her consent is given because she believes 

that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent; 

(e) with her consent, when, at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent; 

(f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her; 

(g) with or without her consent, when she is under sixteen years of age. 

Explanation—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. 

Exception—Sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognized in Malaysia as valid, is not rape. 

Explanation 1—A woman— 

(a) living separately from her husband under a decree of judicial separation or a decree nisi not made absolute; or 

(b) who has obtained an injunction restraining her husband from having sexual intercourse with her, 

shall be deemed not to be his wife for the purposes of this section. 

Explanation 2—A Muslim woman living separately from her husband during the period of ‘iddah, which shall be calculated in accordance with Hukum Syara’, shall be deemed not to be his wife for the purposes of this section. 

 Forgery of a record of a Court, or a public Register of Births, etc. 

466. Whoever forges a document, purporting to be a record or proceeding of or before a Court, or a Register of Birth, Baptism, Marriage or Burial, or a Register kept by a public servant as such, or a certificate or document, purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. 

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage 

493. Every man who by deceit causes any woman who is not

lawfully married to him, to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. 

Malaysia Penal Code 1936(2015)-English-PDF.

2. Interpretation

In this Act, unless the context otherwise requires—  

“exploitation” means all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs; 

“trafficked person” means any person who is the victim or object of an act of trafficking in persons;  

“coercion” means—  

(a) threat of serious harm to or physical restraint against any person;  

(b) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in  

“trafficking in persons” or “traffics in persons” means the recruiting, transporting, transfering, harbouring, providing or receiving of a person for the purpose of exploitation; 

12. Offence of trafficking in persons 

Any person, who traffics in persons not being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine. 

 13. Offence of trafficking in persons by means of threat, force, etc. 

Any person, who traffics in persons not being a child, for the purpose of exploitation, by one or more of the following means:  

(a) threat;  

(b) use of force or other forms of coercion;  

(c) abduction;  

(d) fraud;  

(e) deception;  

(f) abuse of power;  

(g) abuse of the position of vulnerability of a person to an act of trafficking in persons; or  

(h) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person,  

commits an offence and shall, on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine. 

14. Offence of trafficking in children 

Any person, who traffics in persons being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine. 

 15. Offence of profiting from exploitation of a trafficked person 

Any person who profits from the exploitation of a trafficked person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to a fine of not less than fifty thousand ringgit but not exceeding five hundred thousand ringgit. 

 16. Consent of trafficked person irrelevant 

In a prosecution for an offence under section 12, 13 or 14, it shall not be a defence that the trafficked person consented to the act of trafficking in persons. 

 18. Fraudulent travel or identity documents 

Any person who makes, obtains, gives, sells or possesses a fraudulent travel or identity document for the purpose of facilitating an act of trafficking in persons commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to a fine of not less than fifty thousand ringgit but not exceeding five hundred thousand ringgit. 

 19. Recruiting persons 

Any person who knowingly recruits, or agrees to recruit, another person to participate in the commission of an act of trafficking in persons, commits an offence and shall, on conviction be punished, with imprisonment for a term not exceeding ten years, and shall also be liable to fine. 

 20. Providing facilities in support of trafficking in persons 

Any person being— (a) the owner, occupier, lessee or person in charge of any premises, room or place, knowingly permits a meeting to be held in that premises, room or place; or (b) the owner, lessee or person in charge of any equipment or facility that allows for recording, conferencing or meetings via technology, knowingly permits that equipment or facility to be used, for the purpose of committing an offence under this Act, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine. 

 21. Providing services for purposes of trafficking in persons 

(1) Any person who, directly or indirectly, provides or makes available financial services or facilities— (a) intending that the services or facilities will be used, or knowing or having reasonable grounds to believe that the services or facilities will be used, in whole or in part, for the purpose of committing or facilitating the commission of an act of trafficking in persons, or for the purpose of benefiting any person who is committing or facilitating the commission of an act of trafficking in persons; or (b) knowing or having reasonable grounds to believe that, in whole or in any part, the services or facilities will be used by or will benefit any person involved in an act of trafficking in persons, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.  

(2) For the purpose of subsection (1), “financial services or facilities” include the services or facilities offered by lawyers or accountants acting as nominees or agents for their clients. 

 22. Harbouring persons 

(1) Any person who— (a) harbours a person; or (b) prevents, hinders or interferes with the arrest of a person, knowing or having reason to believe that such person has committed or is planning or is likely to commit an act of trafficking in persons, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine. (2) In this section, “harbour” means supplying a person with shelter, food, drink, money or clothes, arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension. 

Malaysia Trafficking in Persons Law 2007-English-PDF. 

Interpretation 

2. (1) In this Act, unless the context otherwise requires—

… 

“minor” means a person who is under the age of twenty-one years and who is not a widow or widower; 

… 

 Application 

3. (1) Except as is otherwise expressly provided this Act shall apply to all persons in Malaysia and to all persons domiciled in Malaysia but are resident outside Malaysia.

(2) For the purposes of this Act, a person who is a citizen of Malaysia shall be deemed, until the contrary is proved, to be domiciled in Malaysia. 

(3) This Act shall not apply to a Muslim or to any person who is married under Islamic law and no marriage of one of the parties which professes the religion of Islam shall be solemnized or registered under this Act; but nothing herein shall be construed to prevent a court before which a petition for divorce has been made under section 51 from granting a decree of divorce on the petition of one party to a marriage where the other party has converted to Islam, and such decree shall, notwithstanding any other written law to the contrary, be valid against the party to the marriage who has so converted to Islam. 

(4) This Act shall not apply to any native of Sabah or Sarawak or any aborigine of Peninsular Malaysia whose marriage and divorce is governed by native customary law or aboriginal custom unless— 

(a) he elects to marry under this Act; 

(b) he contracted his marriage under the Christian Marriage Ordinance [Sabah Cap. 24]; or 

(c) he contracted his marriage under the Church and Civil Marriage Ordinance [Sarawak Cap. 92]. 

 Subsisting valid marriages deemed to be registered under this Act and dissoluble only under this Act 

4. (1) Nothing in this Act shall affect the validity of any marriage solemnized under any law, religion, custom or usage prior to the appointed date.

(2) Such marriage, if valid under the law, religion, custom or usage under which it was solemnized, shall be deemed to be registered under this Act. 

(3) Every such marriage, unless void under the law, religion, custom or usage under which it was solemnized, shall continue until dissolved— 

(a) by the death of one of the parties; 

(b) by order of a court of competent jurisdiction; or 

(c) by a decree of nullity made by a court of competent jurisdiction. 

 Avoidance of marriages where either party is under minimum age for marriage 

10. Any marriage purported to be solemnized in Malaysia shall be void if at the date of the marriage either party is under the age of eighteen years unless, for a female who has completed her sixteenth year, the solemnization of such marriage was authorized by a licence granted by the Chief Minister under subsection 21(2).

 Requirement of consent 

12. (1) A person who has not completed his or her twenty-first year shall, notwithstanding that he or she shall have attained the age of majority as prescribed by the Age of Majority Act 1971 [Act 21], nevertheless be required, before marrying, to obtain the consent in writing—

(a) of his or her father; 

(b) if the person is illegitimate or his or her father is dead, of his or her mother; 

(c) if the person is an adopted child, of his or her adopted father, or if the adopted father is dead, of his or her adopted mother; or 

(d) if both his or her parents (natural or adopted) are dead, of the person standing in loco parentis to him or her before he or she attains that age, but in any other case no consent shall be required. 

(2) Where the court is satisfied that the consent of any person to a proposed marriage is being withheld unreasonably or all those persons who could give consent under subsection (1) are dead or that it is impracticable to obtain such consent, the court may, on application, give consent and such consent shall have the same effect as if it had been given by the person whose consent was required by subsection (1). 

(3) An application to the High Court under this section shall be made to a Judge in chambers. 

(4) When an application is made to the High Court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to give consent. 

(5) Notwithstanding anything to the contrary in this Part consent to the marriage of a minor shall not be necessary if the minor has been previously married. 

(6) There shall be no appeal from an order of a Judge under this section. 

 Interference with marriage 

37. Any person who uses any force or threat—

(a) to compel a person to marry against his will; or 

(b) to prevent a person who has attained the age of twentyone years from contracting a valid marriage, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both. 

 False oath, etc., for procuring marriage 

38. Any person who for the purpose of procuring any marriage under this Act intentionally makes any false declaration or signs any false notice or certificate required by this Act shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both.

 Offences relating to solemnization of marriages 

41. (1) Any person who knowingly and contrary to this Act solemnizes or purports to solemnize or officiate at a marriage—

(a) without first receiving a certificate for the marriage or a licence dispensing with such certificate; 

(b) otherwise than in the presence of at least two credible witnesses other than the person solemnizing the marriage; 

or 

(c) after the expiration of six months from the date of the notice of marriage given under section 14, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit. 

(2) Any Registrar who knowingly and contrary to this Act issues any certificate for marriage— 

(a) without publishing the notice of marriage as required by section 15; 

(b) when a caveat has been entered under section 19 without having first complied with section 20; or 

(c) contrary to section 16, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit. 

(3) Any person who marries or purports to marry or goes through a form of marriage with any person contrary to any of the provisions of Part III [art 9 – 26] shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit. 

 Petition for nullity of marriage 

68. Any husband or wife may present a petition to the court praying for a decree of nullity in respect of his or her marriage.

 Grounds on which a marriage is void 

69. A marriage which takes place after the appointed date shall be void if—

(a) at the time of the marriage either party was already lawfully married and the former husband or wife of such party as living at the time of the marriage and such former marriage was then in force; 

(b) a male person marries under eighteen years of age or a female person who is above sixteen years but under eighteen years marries without a special licence granted by the Chief Minister under section 10; 

(c) the parties are within the prohibited degrees of relationship unless the Chief Minister grants a special licence under subsection 11(6); or 

(d) the parties are not respectively male and female. 

 Grounds on which a marriage is voidable 

70. A marriage which takes place after the appointed date shall be voidable on the following grounds only, that is to say:

(a) that the marriage has not been consummated owing to the incapacity of either party to consummate it; 

(b) that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; 

(c) that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise; 

(d) that at the time of the marriage either party, though capable of giving a valid consent, was (whether continuously or intermittently) a mentally disordered person within the meaning of the Mental Disorders Ordinance 1952 [Ord. 31 of 1952] of such a kind or to such an extent as to be unfit for marriage; 

(e) that at the time of the marriage the respondent was suffering from veneral disease in a communicable form; 

(f) that at the time of the marriage the respondent was pregnant by some person other than the petitioner. 

 Bars to relief where marriage is voidable 

71. (1) The court shall not grant a decree of nullity on any of the grounds mentioned in section 70 if the respondent satisfied the court—

(a) that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; 

and 

(b) that it would be unjust to the respondent to grant the decree. 

(2) Without prejudice to subsection (1), the court shall not grant a decree of nullity on the grounds mentioned in paragraph 70(e) or (f) unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged. 

(3) Subsection (1) replaces, in relation to the grounds mentioned in section 70, any rule of law whereby a decree may be refused by reason of approbation, ratification or lack of sincerity on the part of the petitioner or on similar grounds. 

Malaysia Marriage and Divorce Act 2006-English-PDF.

Minimum age for marriage 

8. No marriage may be solemnized under this Act where either the man is under the age of eighteen or the woman is under the age of sixteen except where the Syariah Judge has granted his permission in writing in certain circumstances.

 Void marriages 

11. A marriage shall be void unless all conditions necessary, according to Hukum Syarak, for the validity thereof are satisfied.

 Consent required 

13. A marriage shall not be recognized and shall not be registered under this Act unless both parties to the marriage have consented thereto, and either—

(a) the wali of the woman has consented thereto in accordance with Hukum Syarak; or 

(b) the Syariah Judge having jurisdiction in the place where the woman resides or any person generally or specially authorized in that behalf by the Syariah Judge has, after due inquiry in the presence of all parties concerned, granted his consent to the wali Raja to solemnize the marriage in accordance with Hukum Syarak; such consent may be given wherever there is no wali by nasab in accordance with Hukum Syarak available to act or if the wali cannot be found or where the wali refuses his consent without sufficient reason. 

 Reporting of void or illegal marriages 

27. It shall be the duty of every person to report to the Registrar the circumstances of any case in which it appears to him that any alleged marriage was void or that any registrable marriage was solemnized in contravention of this Act.

 Interference with marriage 

37. Unless permitted under Hukum Syarak, any person who uses any force or threat—

(a) to compel a person to marry against his will; or 

(b) to prevent a man who has attained the age of eighteen years or a woman who has attained the age of sixteen years from contracting a valid marriage, 

commits an offence and shall be punished with a fine not exceeding one thousand ringgit or with imprisonment not exceeding six months or both. 

 False iqrar or statement for procuring marriage 

38. Any person who for the purpose of procuring any marriage under this Act intentionally makes any false iqrar or statement commits an offence and shall be punished with a fine not exceeding two thousand ringgit or with imprisonment not exceeding twelve months or both.

 Offences relating to solemnization of marriage 

40. (1) Any person who knowingly solemnizes or purports to solemnize, or officiates at, a marriage—

(a) without there being a permission to marry as required by section 19; or 

Islamic Family Law (Federal Territories) 35 

(b) otherwise than in the presence of at least two credible witnesses other than the person solemnizing the marriage, 

commits an offence and shall be punished with a fine not exceeding one thousand ringgit or with imprisonment not exceeding six months or both. 

(2) Any person who marries, or purports to marry, or goes through a form of marriage with, any person contrary to any of the provisions of Part II [art 7 – 24] commits an offence and shall be punished with a fine not exceeding one thousand ringgit or with imprisonment not exceeding six months or both. 

Age of majority 

2. Subject to section 4, the minority of all males and females shall cease and determine within Malaysia at the age of eighteen years and every such male and female attaining that age shall be of the age of majority