Islamic Divorce Procedure

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:

1. 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.

2. Filing for divorce at the Syariah Court

 If counselling fails, either party may file:

• • Divorce by Talak
  • Divorce by Taklik
  • Fasakh
  • Khuluk

3. Court hearing

Applicants must attend proceedings at the Syariah Lower Court until resolved.

4. 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.

5. Confirmation of divorce

Once confirmed, the court issues a divorce order and the State Islamic Religious Office issues a divorce certificate.

6. Iddah period

The wife must observe iddah and cannot remarry during this time.