Assistant registrars still cannot register non-Muslim marriages

Senior Minister (Defence Cluster) Ismail Sabri Yaakob had previously announced that assistant registrars at 171 locations have been approved to register non-Muslim marriages, after the movement control order beginning March 18 brought the matter to a halt.

However, two weeks since Ismail Sabri’s announcement on June 7, a number of assistant registrars said they are still unable to perform their duties as they are still waiting for approval letters from the National Registration Department (NRD).

Kuala Lumpur’s Thean Hou Temple marriage registration department head Chow Soo Sin said the inconsistency between the government announcement and the NRD has led to much confusion between the assistant registrars and couples looking to get married.

Chow told Malaysiakini that the temple had resumed its marriage registration service since late May, but was ordered by the NRD to suspend operations a week later on June 7.

“The minister had announced twice that marriage registration for non-Muslims is allowed, but in fact, we can’t carry this out.

“We are still waiting for the latest standard operating procedures (SOPs) from NRD,” she said.

Chow said she has repeatedly called the NRD to confirm the SOPs, but has yet to receive a response.

Assistant registrars at the Heng Ann Association in Malacca and Buddist Maha Vihara in Brickfields, Kuala Lumpur, told Malaysiakini that they are facing similar issues.

Heng Ann Association marriage registration department head Chiew Hong Lan said the association has previously received approval from NRD’s headquarters in Putrajaya, but the NRD’s state chapter barred it from operating.

'Thean Hou Temple faulted due to misunderstanding'

Chow revealed that about 700 couples were scheduled for marriage registration at Thean Hou Temple before their plans were delayed due to the movement control order, which was implemented to curb the spread of Covid-19.

She said some couples were upset by the rules and they blamed the temple for the situation.

“We are anxious and those couples who are waiting to register marriage are upset as well.

“They called and complained: How come others can register, but can’t we? The government has announced the approval, why can’t Thean Hou Temple register?”

Chow added that if the temple acted hastily, they could face legal action for violating government regulations.

Concerns over birth registration

Chow explained that some couples tried to register their marriages as soon as possible, but their plans were affected by the MCO and it led to further complications.

“They chose a date because they like the date.

“(But) some couples face special circumstances - for instance, they are pregnant - and they wish to get married before the child is born.”

Another assistant registrar of marriage revealed that some pregnant couples are worried that if they do not register their marriage beforehand, they may face problems when registering the birth of their child later.

This is due to a requirement for parents to submit their marriage certificate when applying for a birth certificate.

Otherwise, the child would be presumed to have been born out of wedlock and the father’s name would be left out of the birth certificate.

For the record, NRD offices were not operating during the movement control order period, so the government had announced that new births may be registered up to 90 days after the MCO has ended.

Special circumstances for a quick marriage

Meanwhile, Chiew said Heng Ann Association has a list of 87 couples waiting to register their marriages.

“When they realised that their registrations had to be postponed, they were disappointed.

“Some of them don’t understand our difficulties. They even shouted at us, asking ‘What shall we do now?’

“Some couples have elders who have recently passed away. In traditional Chinese culture, young couples have to get married within 100 days of the death of an elder family member. If not, they would have to wait another three years to get married,” Chiew said.

An assistant registrar of marriage at the Buddhist Maha Vihara (above) in Brickfields, Kuala Lumpur, told Malaysiakini that there are 10 couples on its priority list to get married as soon as possible.

“Some of them are working in Singapore and they have to go back to work soon.

“They worried that once they leave, they are unsure when they can come back for their marriage registration,” the assistant registrar said.

Three marriage registrars shared that they have prepared to comply with the government’s SOPs, including limiting the number of participants, maintaining social distancing and ensuring that hand sanitisers will be available.

“We drew marks on the floor to maintain social distance. We will limit the numbers of participants, including the couples and limit to four witnesses and a photographer as well,” Chiew said.

An NRD officer told Malaysiakini that the department is waiting for the National Security Council to approve the SOPs, which will be announced soon.

The officer added that members of the public can register their marriages at NRD offices instead, which had resumed operations on May 4, with the beginning of the conditional movement control order. The SOPs will only be applicable to non-Muslim places of worship.

Following his statement on June 7 that the government has approved 171 places of worship to register non-Muslim marriages, Ismail Sabri announced on June 21 that marriage ceremonies involving assistant registrars of marriage may be conducted with up to 20 people present, subject to available space for social distancing, while wedding receptions are not allowed.

For the record, the registration of non-Muslim marriages is governed by the Law Reform (Marriage and Divorce) Act 1976.

It may be conducted by NRD offices, Malaysian embassies abroad, or by assistant registrars at churches, temples, and communal associations.

However, Muslim marriages are governed by the respective state laws.

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