8/6/2019 What is Bigamy
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What is bigamy? Is bigamy punishable by law? What is
thepunishment for bigamy in Malaysia?
Bigamy is the act or condition of a person lawfully married
under any law, religion or custom who during thecontinuance such
marriage contract a marriage with a third person under any law,
religion or custom.
Bigamy, in civil marriage, is a crime in Malaysia. However,
polygamy is permitted in Islamic marriage in Malaysia
with certain restriction.
Section 7 (1) of the Law Reform (Marriage and Divorce) Act
1976
Any person lawfully married under any law, religion, custom or
usage whoduring 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.
Every person found guilt of bigamy within Malaysia shall be
liable to punishment under Section 494 of the PenalCode.
Section 494 of the Penal Code
494. Marrying again during the lifetime of husband or wife.
Whoever, having a husband or wife living, marries in any case in
which
such marriage is void by reason of its taking place during the
life of such
husband or wife and whether such marriage has taken place
within
Malaysia or outside Malaysia, shall be punished with
imprisonment for a
term which may extend to seven (7) years, and shall also be
liable to fine.
There is an exception to Section 494 of the Penal Code. The
Section does not extend to any person whosemarriage, with such
husband or wife, has been declared void by a Court of competent
jurisdiction, nor to anyperson who contracts a marriage during the
life of a former husband or wife, if such husband or wife, at the
timeof the subsequent marriage, shall have been continually absent
from such person for the space of seven (7)years, and shall not
have been heard of by such person as being alive within that time,
provided the personcontracting such subsequent marriage shall,
before such marriage takes place, inform the person with whomsuch
marriage is contracted, of the real state of facts so far as the
same are within his or her knowledge.
A person who commits an offence defined in Section 494 of the
Penal code with concealment of the formermarriage from the person
whom subsequent marriage is contractedshall be liable to punishment
under Section495 of the Penal Code.
Section 495 of the Penal Code
495. Same offence with concealment of the former marriage from
theperson with whom subsequent marriage is contracted.
Whoever commits the offence defined in section 494, having
concealed
from the person with whom the subsequent marriage is contracted
the fact
