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Malaysian Marriage Problem (Muslim with Non-Muslim)

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asked on Jul 17, 2017 at 03:36
by   wkit8393
edited on Jul 31, 2017 at 07:32
 
I am pure Malaysian Chinese, but my father converted to Muslim before I was born, so when I was 12 years old the Jabatan Pendaftaran Negara (JPN) updated my new NRIC religion become Muslim (WITH ISLAM WORD). 

I have questions as follow and hope someone can give me some advice:-

1. I was married with my Malaysian Chinese wife in Australia and we are holding Australia marriage certificate. Does Malaysian JPN recognized the certificate?

2. If JPN does not recognize the marriage certificate and if my wife has a new born baby, in the baby birth certificate can we exclude the father name, but the baby follows father's father surname and not mother's surname? (Example: Father surname Wong, Mother surname Tiong, baby name as WONG XXXX XXXX)

Thank you.
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8 Answers

answered on Jul 17, 2017 at 04:04
by   jeff005
edited Jul 31, 2017 at 07:36
 
Personal opinions

1. Your marriage is recognized by almost all countries except Muslim countries. Indonesia will recognized the marriage but the children born there will have to have Indonesian Muslim name and is a Muslim.

2. Your wife can register as single mother and name your son as.. 

Wong Tiong Hei
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answered on Jul 17, 2017 at 04:23
by   wkit8393
edited Jul 31, 2017 at 07:38
 
Which means I can put the name, for example, Jacky Wong Tiong Hei? Will Jabatan Pendaftaran Negara (JPN) register the child's surname as Wong or Tiong? or just full name only?
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answered on Jul 17, 2017 at 13:14
by   jeff005
edited Jul 31, 2017 at 07:39
 
There is no surname or family name in Malaysian Birth Certificate.

You can even put Anat Chanaburi who is a great warrior Khmer king in Thailand.
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answered on Jul 18, 2017 at 00:30
by   Jafar
@jeff005

Hi! 

I just want to ask about my situation regarding registration of nikah overseas here in Malaysia. 

The situation is:  

1. We married in Singapore this year and we already stopped working there so we came back to Malaysia. I am a convert and my husband is a Malaysian Muslim. 

2. We went to Sungai Petani's Pejabat Agama to have our marriage registered. Everything was well they just asked us to show the documents and get and affidavit plus go to the Commissioner of Oaths for the "sumpah". Since my husband's district is not in Kuala Mudah we were not allowed to continue with the process and we have to go to my husband's respective Pejabat Agama District. 

3. We went to Kulim's Jabatan Agama where my husband's district is. We presented the proper documents. The lady checked them and she told us that we need to go back to Singapore and have the documents certified. We have the original documents, photo proof and all. Still the lady asked us to go to Singapore. 

My questions are as follows: 

1. Do we need to have our nikah luar negara registered in Malaysian Embassy in Singapore? 

2. Can we just use another address of a relative who resides in Sungai Petani so we can have the nikah registered in Kuala Mudah District? 

3. Can we just make an affidavit for the documents in a notary public here instead of going back to Singapore?

Thank you in advance for your prompt reply as always.

 

Thank you so much.
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answered on Jul 18, 2017 at 01:28
by   jeff005
edited Jul 31, 2017 at 07:41
 
@ Jafar

I am non-Muslim and is not to comment on Syariah Laws and marriages.

I shall answer part of your query by applying Immigration Laws only.

1. All overseas marriages have to be registered at our Malaysian Embassy over there.
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answered on Jul 18, 2017 at 01:36
by   jeff005
edited Jul 31, 2017 at 07:42
 
@ Jafar

2. All I know, the Imam or Kadi of the area your husband is registered as living there can solemnise the marriage. This could be proof of attendance of weekly prayers. The authorities may not allow relatives address.
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answered on Jul 18, 2017 at 01:45
by   jeff005
@ Jafar

3. No Commissioner of Oaths will sign as witness to any documents from overseas as they cannot verify the Authenticity of the documents. Moreover if the docs is from overseas, it has to be legally translated into Bahasa Malaysia by a certified legal translator. The Malaysian Embassy will have appropriate directions for you two.
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answered on Jul 18, 2017 at 01:58
by   Jafar
edited Jul 31, 2017 at 07:43
 
@Jeff005

Thanks so much, it gave us an idea of what to do next. Take care.
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