MONOGAMOUS MARRIAGES
5 Disability to contract marriages otherwise than under this Act cite [+]
(1) Every person who on the appointed date is lawfully married under any law, religion, custom or usage to one or more spouses shall be incapable, during the continuance of such marriage or marriages, of contracting a valid marriage under any law, religion, custom or usage with any other person, whether the first mentioned marriage or the purported second mentioned marriage is contracted within Malaysia or outside Malaysia.
(2) Every person who on the appointed date is lawfully married under any law, religion, custom or usage to one or more spouses and who subsequently ceases to be married to such spouse or all such spouses, shall, if he thereafter marries again, be incapable during the continuance of that marriage of contracting a valid marriage with any other person under any law, religion, custom or usage, whether the second mentioned marriage or purported third mentioned marriage is contracted within Malaysia or outside Malaysia.
(3) Every person who on the appointed date is unmarried and who after that date marries under any law, religion, custom or usage shall be incapable during the continuance of such marriage of contracting a valid marriage with any other person under any law, religion, custom or usage, whether the first mentioned marriage or the purported second mentioned marriage is contracted within Malaysia or outside Malaysia.
(4) After the appointed date, no marriage under any law, religion, custom or usage may be solemnized except as provided in Part III.
6 Avoidance of marriage by subsisting prior marriage cite [+]
(1) Every marriage contracted in contravention of section 5 shall be void.
(2) If any male person lawfully married under any law, religion, custom or usage shall during the continuance of such marriage contract another union with any woman, such woman shall have no right of succession or inheritance on the death intestate of such male person.
(3) Nothing in this section shall affect the liability of any person to pay such maintenance as may be directed to be paid by him under this Act or any other written law.
(1) Any person lawfully married under any law, religion, custom or usage who during the continuance of such marriage purports to contract a marriage under any law, religion, custom or usage in contravention of section 5 shall be deemed to commit the offence of marrying again during the life-time of husband or wife, as the case may be, within the meaning of section 494 of the Penal Code [Act 574].
(2) Where an offence under section 494 of the Penal Code is committed by virtue of subsection (1) by any person in any place outside Malaysia he may be dealt with in respect of that offence as if it had been committed at any place within Malaysia at which he may be found or to which he may have been brought in consequence of any proceeding for his extradition to Malaysia from any place outside Malaysia:
Provided that any proceeding against any person under this subsection which would be a bar to subsequent proceedings against him for the same offence if the offence had been committed in Malaysia shall be a bar to further proceedings against him under the Extradition Ordinance 1958 [Ord. 2 of 1958]* or the Commonwealth Fugitive Criminals Act 1967 [Act 54 of 1967]* in respect of the same offence outside Malaysia.
*NOTE-The Extradition Ordinance 1958 [Ord. 2 of 1958] and the Commonwealth Fugitive Criminals Act 1967 [Act 54 of 1967] has since been repealed by the Extradition Act 1992 [Act 479]-see section 54 of Act 479.
8 Continuance of marriage cite [+]
Every marriage solemnized in Malaysia after the appointed date, other than a marriage which is void under this Act, 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 made by a court of competent jurisdiction that the marriage is null and void.