CHILD ACT 2001

Offence of taking or sending out a child without appropriate

consent of person having lawful custody

52. (1) Any parent or guardian who

(a) does not have the lawful custody of a child; and

(b) takes or sends out a child, whether within or outside Malaysia, without the
consent of the person who has the lawful custody of the child commits an offence
and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding five years or to both.

(2) A person has lawful custody of a child under this section if he has been
conferred custody of the child by virtue of any written law or by an order of a
Court, including a Syariah Court.

(3) It shall be a defence under this section if a parent or guardian takes or sends a
child away without the consent of the person having lawful custody of the child if

(a) the parent or guardian

(i) does it in the belief that the other person consented, or would have consented, if
he was aware of all the relevant circumstances; or

(ii) has taken all reasonable steps to communicate with the other person but has
been unable to communicate with him;

(b) the parent or guardian has reasonable grounds to believe that the child is being
abused, neglected, abandoned or exposed in a manner likely to cause the child
physical or emotional injury; or
(c) the other person has unreasonably refused to consent although he was aware of
all the relevant circumstances.

Recovery order

53. (1) If it appears to the Court that there is reason to believe that a child had been
taken or sent away without the consent of the person who has lawful custody of the
child as described in section 52, the Court may make a recovery order.

(2) A recovery order may be made by the Court on application being made by or on
behalf of any person who has the lawful custody of the child.

(3) For the purposes of this section, a "recovery order" may

(a) direct any person who is in a position to do so to produce the child on request to
any authorized person;

(b) authorize the removal of the child by any authorized person;

(c) require any person who has information as to the child's whereabouts to
disclose that information to the authorized person;

(d) authorize any police officer to enter into any premises specified in the order and
search for the child, using reasonable force if necessary.

(4) Any person who intentionally obstructs an authorized person from exercising
the powers under subsection (3) commits an offence and shall on corwiction be
liable to imprisonment for a term not exceeding three years and to whipping not
exceeding six strokes.
LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976
Dissolution on ground of conversion to Islam

51. (1) Where one party to a marriage has converted to Islam, the other party who
has not so converted may petition for divorce:

Provided that no petition under this section shall be presented before the expiration
of the period of three months from the date of the conversion.

(2) The Court upon dissolving the marriage may make provision for the wife or
husband, and for the support, care and custody of the children of the marriage, if
any, and may attach any conditions to the decree of the dissolution as it thinks fit.

(3) Section 50 shall not apply to any petition for divorce under this section.

Restriction on petitions within two years of marriage

50. (1) Subject to subsection (2), no petition for divorce shall be presented to the
court before the expiration of the period of two years from the date of the marriage
(hereafter in this section referred to as the specified period).

(2) A Judge of the court may, on an application made to him, allow the presentation
of a petition for divorce within the specified period on the ground that the case is
one of exceptional circumstances or hardship suffered by the petitioner; but in
determining the application the Judge shall have regard to the interests of any child
of the marriage and to the question whether there is a reasonable probability of a
reconciliation between the parties during the specified period.

(3) Nothing in this section shall be deemed to prohibit the presentation of a petition
based upon matters which occurred before the expiration of the specified period.
FEDERAL CONSTITUTION
ARTICLE 121 - JUDICIAL POWER OF THE FEDERATION

1) There shall be two high courts of co-ordinate jurisdiction and status, namely

a) One in the states of Malaya, which shall be known as the high court in
Malaya and shall have its principal registry at such place in the states of
Malaya as the yang di-pertuan agong may determine; and
ISLAMIC FAMILY LAW (NEGERI
SEMBILAN Enactment 2003
Section 46. Change of religion.

(1) The murtad by either party to a marriage or his or her conversion to a

faith other than Islam shall not by itself operate to dissolve the marriage
unless and until so confirmed by the Court.

(2) The conversion to Islam by either party to a non-Muslim marriage

shall not by itself operate to dissolve the marriage unless and until so
confirmed by the Court.