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Law Reform (Marriage and Divorce) Act 1976 (Act 164) and Islamic Family Law (Federal Territories) Act 1984 (Act 303)

Malaysia operates a dual legal system, combining civil law for non-Muslims with Islamic family law for Muslims.

Under the Law Reform (Marriage and Divorce) Act 1976, the general minimum age for marriage is 18 years for both parties. Section 10 provides an exception for non-Muslim girls aged 16 to 18: “A female who has completed her sixteenth year but has not completed her eighteenth year may marry if there is a licence granted by the Chief Minister.”

For Muslims, the Islamic Family Law (Federal Territories) Act 1984 (which has state-level counterparts) sets out the governing rules. Section 8 states that “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.” Unlike the civil regime, the statute does not prescribe an absolute minimum age; with the leave of the Shariah Court, children under those thresholds may legally marry.

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