In recent years nuptiality has come to be recognised as an integral part of the study of the demography of any country, largely because the formation and dissolution of marital unions have an important bearing on the level of fertility. We may regard marriage as an event that marks the beginning of the potential period of childbearing and marital dissolution as the end of this period. It is also recognised that age at marriage can affect the level of fertility and hence the rate of population growth. In this chapter an attempt is made to examine nuptiality trends and patterns in Malaysia during the postwar period.

Our study of nuptiality will be based on marital status data collected in the population censuses and classified into single, married, widowed and divorced. The data reflect unions in which the partners have participated in some form of legal marriage solemnised according to the various marriage laws. We should always bear in mind that the modern form of consensus unions among persons who have never been married according to either legal or customary rites is rather rare in Malaysia. We should also note that it is not possible to investigate nuptiality by means of comprehensive data derived from marriage registration records since such annual statistics have never been compiled and published regularly.

MARRIAGE CUSTOMS AND LAWS

The great diversity of religions that we have observed in an earlier chapter necessarily implies that it would be quite difficult to have a common legislation to govern all the various types of marriages taking place in the country. It was inevitable that over the years separate laws were introduced to regulate these marriages, which are solemnised according to the various religious and customary rites. There are one set of laws governing the marriage of persons both of whom are Muslim and another group of laws meant to regulate all the other marriages contracted between non-Muslims. Almost all these marriage laws have their roots during the colonial period, introduced in different parts of the country at different times as determined by the extent or concern of British rule or influence at that time.

The most important marriages are those contracted by persons both of whom profess the Islamic faith. Such Muslim marriages must be solemnised and registered under the provisions of the respective laws enacted by the state governments and the Federal Territory.