Divorce of Muslim Couples
Divorce among Muslim couples may occur in two circumstances: In court: Divorce is pronounced before a Syariah Court judge. Outside court: Divorce is pronounced elsewhere without the judge present. Such pronouncements must be reported and confirmed by the Syariah Court. Procedure: Counselling Couples are encouraged to attend counselling sessions at the State Islamic Religious Office. Purpose: To resolve conflicts peacefully before court procedures. Applicants in states not using the SPPIM system may refer to their respective state Islamic Religious Office portals. Filing for divorce at the Syariah Court If counselling fails, either party may file: Divorce by Talak Divorce by Taklik Fasakh Khuluk Court hearing Applicants must attend proceedings at the Syariah Lower Court until resolved. Pronouncement of Talak Couples are encouraged to pronounce Talak during the court session to avoid penalties However, if the pronouncement of Talak has occurred outside of court, it must be reported immediately (within 7 days) to avoid fines and penalties and to obtain confirmation by the Syariah Court. Confirmation of divorce Once confirmed, the court issues a divorce order and the State Islamic Religious Office issues a divorce certificate. Iddah period The wife must observe iddah and cannot remarry during this time.
Procedure to register the case in Syariah Court is subject to Family Law in each state. Identify the type of case Example: Application for divorce, alimony, child custody, nikah confirmation, mutaah etc. Each type of case has its own form and supporting documents. Example of divorce application: Divorce application by wife Application for divorce Confirmation of divorce pronouncement (talak) outside court Example of alimony application: Claims for nafkah arrears during marriage Financial maintenance after divorce Child maintenance claims Fill the form and complete the documents Forms can be obtained at the registration counter of the respective state Syariah Court or downloaded from the state Syariah Court website. When applying for the form, the court will check if there are any similar applications to avoid duplication of applications. Submit documents at the registration counter Applicants must appear at the relevant district/ state Syariah Court to submit documents. A registration fee will be charged (amount varies depending on the type of case and state) Receive case mention date Once the application is complete, the court will set a date for the case to be mentioned. If necessary, the application will be taken to the Sulh (conciliation) Council without the need for a court hearing. e-Syariah System Version 3 (e-Syariah V3) This system is the main platform that coordinates syariah case management nationwide and is used by all states except Sarawak. Through e-Syariah V3, users can: Make an appointment request Check case status and trial date
For civil cases related to divorce that do not involve the Syariah Court, Muslim or non-Muslim couples can apply for legal assistance through the Legal Aid Department (JBG). Services offered by JBG regarding divorce: Legal advice services JBG provides legal advice to all Malaysian citizens with a reasonable registration fee Legal aid JBG provides legal assistance including maintenance (nafkah) claims, enforcement of maintenance orders, divorce claims, child custody and matrimonial property. Mediation services JBG provides mediation services to resolve disputes peacefully and voluntarily with the assistance of a mediator. There are fees and eligibility requirements for obtaining legal assistance services related to the above divorce cases.
The registration process of an Islamic divorce varies by state. Registration is only possible after the divorce is confirmed by the Syariah Court. The following is the process of registering a Muslim couple's divorce. Register at the State Islamic Religious Department After receiving a Divorce Order from the Syariah Court, the divorcing party must go to the State Islamic Religious Department to: Registering a divorce officially Obtaining an Islamic divorce certificate (original and copy) Cancelling the original marriage certificate You can also register online or go directly to the district religious office for states that do not have an online system. For Muslims whose spouse passed away, he or she must also register their marriage status at the religious office.
For divorced couples, especially women, there is support provided by the Family Support Division (BSK). The main function of this division is to enforce court orders regarding maintenance (nafkah). Services provided: Outstanding maintenance claims Enforcement of maintenance orders (e.g. husband's salary deduction) Free syariah legal services for cases related to the enforcement and implementation of maintenance orders. Providing temporary financial assistance while waiting for the enforcement and implementation of orders in the Syariah Court to be completed BSK Transit (expansion) which is a claim for accommodation, food and transport costs for clients attending cases handled by BSK. Application procedure when ex-husband/ father refuses to pay alimony as ordered by the court: Ex-wife/ child can file a complaint with BSK BSK officers will take further action such as holding a negotiation session involving both parties to reach a solution If no solution is reached, then the enforcement and execution of the order will be filed in the Syariah Court
When a Muslim couple divorces, there are rights and claims that have been determined by Islamic law and can be presented in the Syariah Court. Among the claims and rights after an Islamic divorce: The right to care for and manage minor children (age 7 for males and 9 for females) after divorce. Child custody depends on the qualifications and conditions set out in the Islamic Family Law Act/ Enactment. The father's responsibility for the children's living expenses, including food, shelter, education and medical care. Financial maintenance given by the ex-husband to the wife during the iddah period (3 period cycles for non-pregnant women) Compensation or consolation to a divorced ex-wife. Claims on property acquired jointly during the marriage. Reference:
Rujuk means a husband returns to his wife during the iddah period after talak raj’i (talak 1 or talak 2), without a new marriage contract. Only valid for talak 1 or 2 Not valid for talak 3, fasakh, khuluk, or after the iddah period ends Procedure: Couples apply for reconciliation at the State Religious Office. Confirmation at Syariah Court The referral application will be submitted to the Syariah Court for: Confirmation of the wording of the rujuk by the husband Ensuring that the rujuk is made within the ‘iddah period Registration After confirmation, the Religious Office issues a Reconciliation Certificate. You can also apply through the SPPIM portal (procedures differ by state).
For Muslim couples, there are several types of divorce that can applied: Talak : Divorce pronounced by the husband. Talak 1 or 2 may be revoked or reconciled (rujuk) within the iddah period. Khuluk (redemption divorce): Divorce requested by the wife by paying compensation to the husband. Fasakh: Divorce granted by the court due to reasons such as abuse, disappearance of the husband, or failure to provide financial maintenance (nafkah). Taklik: Divorce based on conditions stated after the marriage contract. Li’an: When the husband accuses the wife of adultery and swears an oath to deny the unborn child as his. Source:
