Divorce is a legal procedure to end your marriage. If you are in a Muslim marriage, there will be a different set of laws to adhere to.
According to the Administration of Muslim Law Act, the Syariah Court will hear and make decisions on divorce cases for Muslims.
It is mandatory to attend the Marriage Counselling Programme before you file an application for divorce. It aims to provide both parties a platform to discuss and understand the impact of divorce.
If you have a child below 21 years old, you are required to attend the Parenting Programme. The programme focuses on co-parenting and your children’s living arrangement after divorce.
In Muslim Law, the term to release or divorce is also known as “Talak”. The husband can pronounce “Talak” without proving any grounds.
On the other hand, the wife will need to prove her grounds with the methods below:
Khuluk
Khuluk is divorce by redemption or compensation. If the husband disagrees with the divorce, both parties can agree to a divorce by redemption or compensation. In this method, the wife will compensate the husband by paying him a sum of money. This gives the wife the right to file for divorce.
The Syariah Court will decide the compensation amount accordingly to the parties’ status and means.
Cerai Taklik
Cerai Taklik is a breach of marriage terms made at or after the marriage. A Taklik is a written contract the husband makes to protect the wife. Therefore, the wife can initiate a divorce using Cerai Taklik if the husband has failed to abide by the conditions. However, Taklik may be voided if the conditions are opposed to public morality. In this case, your marriage will remain intact.
The Syariah Court will access the Taklik and determine the validity of the divorce.
Fasakh
Fasakh is also defined as marriage annulment. The wife may apply for a divorce under Fasakh if she meets one of the following grounds.
• The husband has failed to provide maintenance for a period of 3 months.
• The husband has been sentenced to imprisonment for a period of 3 years and more.
• The husband has failed to perform marital obligations, without reasonable cause, for a period of 1 year.
• The husband was impotent at the time of the marriage and continues to be so.
• The husband is insane or is suffering from some uncurable chronic disease
• The husband treats her with cruelty.
• Any other ground recognised as valid by Fasakh under Muslim law.
Seeking legal or professional advice is recommended during the process of divorce and/or obtaining child custody. They can better advise you on your rights and responsibilities concerning divorce.
Disclaimer:
This content is meant for information purposes or reference only and not is not to be relied upon as professional or legal advice. This content does not constitute either advice or an offer or an invitation to offer to acquire, dispose of, subscribe for, or underwrite any of the financial instruments described herein.
You should seek advice from an attorney or professional who will be able to provide you with the relevant advice before you make any decision.
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