Divorce
1. When a divorce certificate will be issued?
  The issuance of divorce certicate is under jurisdiction of District Islamic Religious Office. Court will not issue divorce certificate.
2. What is divorce under ta’liq or stipulation and how stipulation will take place?
  Stipulation means a promise expressed by the husband after solemnization of marriage in accordance with Hukum Syara’ and the provision under the State Islamic Family Law Act/Enactment/Ordinance. Divorce under ta’liq or stipulation can be granted upon breach of stipulation and after complaint was lodged and certified by the Court.
3. What are the rights of husband and wife after divorce?
  Rights can be claimed in the Syariah Court after a divorce occurs are:
a) maintenance of wife
b) mut'ah or consolatary gift
c) harta sepencarian or property jointly acquired by husband and wife during the subsistence of marriage
d) hadhanah or custody of children
e) maintenance of children
f) arrears of maintenance
g) right of accomodation
4. What form of dissolution of marriage (divorce) in Islam as practiced in the Syariah Court?
  Divorces under States Islamic Family Law Act/Enactment/Ordinance which came into force in the states are as follows:
a) divorce by talaq or by order
b) validity of pronouncement of talaq
c) order for dissolution of marriage or fasakh
d) divorce under ta'liq or stipulation
e) khulu' divorce
f) presumption of death
5. What is divorce (talaq)?
  Talaq means dissolution of marriage by talaq pronouncement or synonym thereof based on Al-Quran, As-Sunnah and jurist opinion. Divorce by talaq can be done by soreh utterance (clear utterance) and kinayah utterance (insinuation utterance) and by talaq raj’ie (revocable repudiation) or talaq ba’in ( irrevocable repudiation).
6. What will happen to marriage if one party to a marriage is an apostate or convert to another faith from Islam?
  Section 46 of the Islamic Family Law (Federal Territories) Act 1984 [Act 1984] provides that:
(1) the renunciation of Islam by either party to a marriage or his or her conversion to a faith other than Islam shall not by itself operate to dissolve the marriage unless and until so confirmed by the Court.

(2) the conversion to Islam by either party to a non-Muslim marriage shall not by itself operate to dissolve the marriage unless and until so confirmed by the Court.
7. To what extent the jurisdiction of the Court to make an order of divorce?
  The Court has jurisdiction to make an order of divorce if:
i. the marriage has been registered under the law;
ii. the mariage was contracted in accordance with Hukum Syara’; and
iii. the application is presented in the residence of either of the parties to the marriage.
8. What is nusyuz?
  Nusyuz means a wife unreasonably refuses to obey the lawful wishes or commands of her husband, that is to say, inter alia:
i) when she withholds her association with her husband;
ii) when she leaves her husband's home against his will; or
iii) when she refuses to move with him to another home or place,

without any valid reason according to Hukum Syara'.
9. What wisdom is prescribed iddah?
  Iddah (waiting period) is a period of time should be anticipated by a woman divorced by her husband to know whether she was pregnant to enable her to marry another man. She can not marry to another man until the expiration of the waiting period. Waiting period is required. If a woman is still in the waiting period, married to another man, then the marriage is invalid under Hukum Syara' and must be separated immediately.

Wisdom prescribed waiting period is:
i) To ensure the sanctity of the women's womb.
ii) Ta'abbud (worship).
iii) Provide an opportunity for the husband to think again and return to his wife during the waiting period. This is subject only to talaq raj'ie (revocable repudiation) case.
10. What rights can be claimed by the wife in the Syariah Court under the law?
  Among the rights that can be claimed by the wife under Islamic Family Law (Federal Territories) Act 1984 [Act 303] are as follow:a) Right during subsistance of marriage S.21: Right to acquire of mas kahwin which being paid to her in the presence of the person solemnizing the marriage and two other witnesses. S.22(2): Right to attest to the entry in Marriage Register.S.23(4): Right to be summoned by the Court to be present at the hearing of the polygamy application.S.23(7): Right to apply for mas kahwin or obligatory marriage payment due under Hukum Syara’ by the husband to the wife at the time the marriage is solemnized and a debted gift if the husband had contracted polygamous marriage in contravention of subsection 23 (1).S.26(1) and (2): Right to have marriage certificate and ta’liq certificate.S.31: Right to register of foreign marriage if the marriage was solemnized abroad.S.60: Right to maintenance.S.120: Right to apply to the Court for an order that the husband resume cohabitation with her in the manner required by Hukum Syara’.S.132: Right to apply for an action to any person who willful neglect to comply with order.S.47(1): Right to present an application for divorce to the Court.S.50: Right to divorce under ta’liq or stipulation.S.53: Right to apply for presumption of death if the husband has died or is believed to have died or has not been heard of for a period of four years or more.S.52: Right to order for dissolution of marriage or fasakh.b) Right during the marriage and after the dissolution of marriage.S.69: Right to arrears of maintenance.S.81(1): Right to the custody of her infant children.S.85: Right to the custody of illegitimate children.S.91: Right to be appointed as executrix of the father in dealing with the minor’s property.S.105: Right to apply to the Court an injunction restraining the child to be taken out of Malaysia.c) Right after dissolution of marriage.S.51 (9): Right to not be agreed with the resumption of conjugal relationship or ru
11. When a husband can be presumed death?
  Presumption of death means when the husband of any woman has died, or is believed to have died, or has not been heard of for a period of four years or more. When the circumstances are on going and the woman want to remarry, she has to obtain a certicifate of presumption of death from the Syariah Court.
12. What rights can be claimed by the husband in the Syariah Court under the law?
  Among the rights that can be claimed by the husband under Islamic Family Law (Federal Territories) Act 1984 [Act 303] are as follows:S.23: Right to polygamous marriage with the prior permission in writing from the Syariah Court.S.22(2): Right to attest to the entry in marriage register.S.26: Right to have marriage certificate and ta’liq certificate.S.31: Right to register of foreign marriage if the marriage was solemnized abroad.S.47: Right to present an application for divorce to the Court.S.52(1)(1A): Right to order for dissolution of marriage or fasakh.S.59(2): Right to file an application of nusyuz towards wife.S.61: Right to assessment of maintenance base on the means.S.66: Right to vary orders for maintenance if the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.S.88: Father shall be the first and primary natural guardian.S.105: Right to apply to the Court an injunction restraining the child to be taken out of Malaysia.