Governance of the family unit: Registration of marriages under the law reform (Marriage & Divorce) Act 1976

The Law Reform (Marriage and Divorce) Act 1976 (Act 164) is a progressive piece of legislation which was introduced to govern all matters pertaining to the formation and dissolution of Non-Muslim marriages in Malaysia from 1st March 1982. The Act was introduced with four identified objectives in mind, first it provides that Non – Muslim marriages after the appointed date are to be monogamous, secondly for the solemnisation and registration of Non- Muslim marriages, thirdly for the consolidation of the laws relating to divorce and fourthly to provide for matters incidental there to.The provisions of the Act without doubt provides for the mandatory registration of all marriages after the appointed date.Section 34 of the Act however provides: “Nothing in this Act or the rules made there under shall be construed to render valid or invalid any marriage which otherwise is invalid or valid merely by reason of its having been or not having been registered”, thereby creating a conundrum in the state of the law relating to the registration of Non – Muslim marriages in Malaysia