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MARRIAGE ACCORDING TO CUSTOMS IN SARAWAK

Question

:

Can the natives of Sarawak marry according to custom?

Answer

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Yes.

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Question

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Can Sarawak Chinese / Sarawak Indians marry Sarawak natives?

Answer

:

Yes

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Question

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Can or not natives of Sarawak who were born in Peninsular Malaysia (such as children of soldiers / police) but now live in Sarawak, marry according to Adat and apply for a Marriage Certificate?

Answer

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An application can be considered if a person has resided in Sarawak provided he changes the address in the identity card using a permanent address in Sarawak. (Mykad can be considered and should start with the letter:

i) Malaysian Mykad with the letter "K".

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Question

:

Can the status of a person who wants to get married be checked online?

Answer

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Yes.The status can be checked online. However, for areas that have NOT used the online system, the couple's information can be checked by: -

i) Requesting the District Officer (DO) to write a letter to the DO at the person's place of origin, because if he/she has been married according to Adat, his/her record can be checked at the "counterfoil" of the Marriage Letter.

ii) check at JPN to ensure that the person has never been married according to the Law Reform (Marriage & Divorce) Act 1976

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Question

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Can non-Malaysians marry Sarawak natives according to Adat?

Answer

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Not after 21 September 2006. The couple's marriage is not valid however before before if the marriage is before 21st September 2006, the marriage in VALID.

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Question

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Can non-Sarawakians marry Sarawak natives according to custom?

Answer

:

No.

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Question

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Can a couple have been living together secretly for example his wife is less than 16 years old or a husband is less than 18 years old get married?

Answer

 

Custom does not mention the age of a person who can marry. The couple can apply for a marriage certificate from the Penghulu. However, before the Penghulu approves the application: -

i) The couple CAN BE prosecuted according to Custom

ii) Parents OF BOTH SIDE must make in writing stating they 'have no objections' to avoid being raped.

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Question
  Who can get married under Sarawak Bumiputra Customs?
Answer
  Sarawak Bumiputra holding a Mykad / Sarawak Identity Card (with the letter 'K' or code number MyKad Sarawak) or anyone born in the Sarawak State.

In other words :-

a) Sarawakians who are not bumiputra Sarawak can marry a Bumiputra Sarawak under custom

(b) A Malaysian citizen who is not a citizen of Sarawak but born in the State of Sarawak can marry a Sarawak Bumiputra under custom

(c) Children of Sarawak Bumiputras born outside the State of Sarawak are not entitled to marry under custom unless one of the parties is born in the State of Sarawak.
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Question
  Can a marriage under Adat held in 1990, be registered in 2000?
Answer
  Yes.
Question
  Who can register a bumiputra divorce under their respective customs? Is a divorce certificate issued?
Answer
  The Penghulu of that area is responsible for it. A divorce certificate will be issued. Form B is issued for written customs. From 1st November 2008, marriage and divorce forms for all Sarawak Bumiputras who do not have written customs will use the standard format.
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Question
  Can a marriage held under Iban custom where the man / woman is a kayan, dissolved under Kayan custom?
Answer
  No. Divorce is only valid if dissolved using Iban Custom.
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Question
  Can a marriage solemnized under Bumiputra Customs be dissolved under the Laws of Malaysia Law Reform (Marriage & Divorce) Act 1976 while both parties are outside the State of Sarawak?
Answer
  No.
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Question
  Can a marriage solemnized under Bumiputra Customs be dissolved under the Marriage & Divorce Law outside Malaysia?
Answer
  No.
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Question
  Can a Bumiputra who profess the christian faith marry under Bumiputra Customs?
Answer
  Yes.
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Question
  How to apply for a certificate of marriage and divorce?
Answer
  (a) Certificate can be obtained from the District Office where the relevant marriage or divorce records are kept. No fees is charged.

(b) For the public, a police report is required / sufficient..

(c) The certificate will be signed by the Sarawak District Officer / Administrative Officer as well as the name, position and official stamp. The certificate with the new serial number will have a reference to the relevant marriage / divorce letter.
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