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Divorce, ʿiddah & rujuk
Talaq, khulʿ, fasakh, ʿiddah, rujuk. Arranged by the most frequently asked questions.
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1A husband pronounces triple talaq at once: do three take effect or one?
This is a disputed issue: the majority of the four schools hold it counts as three, while Ibn Taymiyyah and some fatwa councils hold it counts as one.
The majority view (Hanafi, Maliki, Shafi'i, Hanbali) holds that the words "triple talaq" in one sitting effect three talaqs, even though doing so is sinful because it goes against the sunnah. The second view relies on the narration of Ibn Abbas that in the time of the Prophet ﷺ, Abu Bakr and early in Umar's rule, a triple talaq in one pronouncement counted as one.
In Malaysia, the Syariah Court determines the number of talaqs after hearing the evidence and examining the words and intention. Do not make your own assumptions; apply to the court for confirmation of the divorce pronouncement. See talaq guide.
The majority view (Hanafi, Maliki, Shafi'i, Hanbali) holds that the words "triple talaq" in one sitting effect three talaqs, even though doing so is sinful because it goes against the sunnah. The second view relies on the narration of Ibn Abbas that in the time of the Prophet ﷺ, Abu Bakr and early in Umar's rule, a triple talaq in one pronouncement counted as one.
In Malaysia, the Syariah Court determines the number of talaqs after hearing the evidence and examining the words and intention. Do not make your own assumptions; apply to the court for confirmation of the divorce pronouncement. See talaq guide.
Differences between the schools. Majority of the four schools: it counts as three. Ibn Taymiyyah, Ibn al-Qayyim and some modern fatwa councils: it counts as one.
Surah al-Baqarah 2:229Surah al-Baqarah 2:230Sahih Muslim 1472Act 303, s.124
2Is talaq by SMS or WhatsApp valid?
Talaq by written message can be valid if it is clear and accompanied by intention, but it must be confirmed by the Syariah Court.
In the Shafi'i school, a written talaq counts as kinayah (allusive), so it takes effect only if the husband intended divorce when writing it. The National Fatwa Committee Muzakarah (2003) decided that talaq by SMS is valid if its wording is clear and can be proven, and that it must be confirmed in court.
A wife who receives such a message need not guess for herself: keep the evidence (screenshots, date, number) and apply for confirmation of the divorce pronouncement. The court will summon the husband to confirm his intention and make sure the message really came from him. See talaq & divorce.
In the Shafi'i school, a written talaq counts as kinayah (allusive), so it takes effect only if the husband intended divorce when writing it. The National Fatwa Committee Muzakarah (2003) decided that talaq by SMS is valid if its wording is clear and can be proven, and that it must be confirmed in court.
A wife who receives such a message need not guess for herself: keep the evidence (screenshots, date, number) and apply for confirmation of the divorce pronouncement. The court will summon the husband to confirm his intention and make sure the message really came from him. See talaq & divorce.
Differences between the schools. Some Hanafi and Hanbali scholars regard clear, formal writing as explicit (sarih); the Shafi'i school requires intention.
National Fatwa Committee Muzakarah (2003)State enactments (confirmation of divorce outside court)
3My husband divorced me at home, not in court. Is the talaq valid?
From the Shariah point of view, a talaq outside court can take effect, but in Malaysia it is an offence if not reported and it must be confirmed by the court.
Clear words of talaq by a husband who is sane and not coerced are valid under Shariah law even without witnesses. However, Islamic family law requires divorce to be done through the court. Pronouncing talaq outside court without permission is an offence (Act 303, s.124 for the Federal Territories; similar provisions in state enactments) punishable by a fine or imprisonment.
Both parties must report it to the Syariah Court within the set period so that the talaq is confirmed and registered. Without confirmation, the status of the ʿiddah, maintenance and remarriage becomes unclear. See state laws.
Clear words of talaq by a husband who is sane and not coerced are valid under Shariah law even without witnesses. However, Islamic family law requires divorce to be done through the court. Pronouncing talaq outside court without permission is an offence (Act 303, s.124 for the Federal Territories; similar provisions in state enactments) punishable by a fine or imprisonment.
Both parties must report it to the Syariah Court within the set period so that the talaq is confirmed and registered. Without confirmation, the status of the ʿiddah, maintenance and remarriage becomes unclear. See state laws.
Act 303, s.124Act 303, s.47State enactments
4What is the difference between talaq sunni and talaq bid'i?
A sunni talaq is one given while the wife is pure and has not had intercourse in that period of purity; a bid'i talaq is one given during menstruation, postnatal bleeding (nifas) or a period of purity in which intercourse has taken place.
Allah commands that talaq be given "at a time when they can begin their ʿiddah". Ibn Umar once divorced his wife during menstruation, and the Prophet ﷺ told him to take her back and wait until she was pure.
A bid'i talaq is haram and sinful, but according to the four schools it still takes effect. Talaq while the wife is pregnant, or of a wife with whom the marriage has not been consummated, is not subject to this division. The wisdom is to give room to calm down and not to prolong the wife's ʿiddah. See talaq & divorce.
Allah commands that talaq be given "at a time when they can begin their ʿiddah". Ibn Umar once divorced his wife during menstruation, and the Prophet ﷺ told him to take her back and wait until she was pure.
A bid'i talaq is haram and sinful, but according to the four schools it still takes effect. Talaq while the wife is pregnant, or of a wife with whom the marriage has not been consummated, is not subject to this division. The wisdom is to give room to calm down and not to prolong the wife's ʿiddah. See talaq & divorce.
Differences between the schools. The four schools: a bid'i talaq is sinful but takes effect. Ibn Taymiyyah and Ibn Hazm: it does not.
Surah at-Talaq 65:1Sahih al-Bukhari 5251Sahih Muslim 1471
5What do talaq raj'i, ba'in sughra and ba'in kubra mean?
A raj'i talaq allows rujuk within the ʿiddah; ba'in sughra requires a new contract; ba'in kubra (triple talaq) requires the wife first to marry another man.
Raj'i: a first or second talaq after consummation, with no khulʿ payment; the husband may take her back while she is in ʿiddah.
Ba'in sughra: a raj'i talaq whose ʿiddah has ended, khulʿ, or talaq before consummation; the couple may reunite with a new contract and a new mahr.
Ba'in kubra: after the third talaq; the former wife is not lawful until she marries another man validly, the marriage is consummated, then they divorce and her ʿiddah ends. See talaq & divorce.
Raj'i: a first or second talaq after consummation, with no khulʿ payment; the husband may take her back while she is in ʿiddah.
Ba'in sughra: a raj'i talaq whose ʿiddah has ended, khulʿ, or talaq before consummation; the couple may reunite with a new contract and a new mahr.
Ba'in kubra: after the third talaq; the former wife is not lawful until she marries another man validly, the marriage is consummated, then they divorce and her ʿiddah ends. See talaq & divorce.
Surah al-Baqarah 2:228Surah al-Baqarah 2:229Surah al-Baqarah 2:230
6How long is the ʿiddah of a divorced wife?
For a wife who still menstruates, her ʿiddah is three quru'; in the Shafi'i school this means three periods of purity.
The duration is usually about three months but depends on the menstrual cycle. A talaq pronounced during a period of purity counts as the first period of purity. The ʿiddah ends when the wife enters her third menstruation after the talaq.
Other situations: a wife who does not menstruate (not yet of age or past menopause) observes an ʿiddah of three months; a pregnant wife's ʿiddah lasts until she gives birth; a wife divorced before consummation has no ʿiddah. The Syariah Court usually records the date of the talaq for the calculation. See ʿiddah & rujuk.
The duration is usually about three months but depends on the menstrual cycle. A talaq pronounced during a period of purity counts as the first period of purity. The ʿiddah ends when the wife enters her third menstruation after the talaq.
Other situations: a wife who does not menstruate (not yet of age or past menopause) observes an ʿiddah of three months; a pregnant wife's ʿiddah lasts until she gives birth; a wife divorced before consummation has no ʿiddah. The Syariah Court usually records the date of the talaq for the calculation. See ʿiddah & rujuk.
Difference between schools. Shafi'i and Maliki: quru' = periods of purity. Hanafi and Hanbali: quru' = menstrual periods, so the ʿiddah ends once the third period is over.
Surah al-Baqarah 2:228Surah at-Talaq 65:4Surah al-Ahzab 33:49
7How does one take back (rujuk) a wife during the ʿiddah?
A husband may take her back during the ʿiddah of a revocable talaq (raj'i) with clear words such as "I take you back", without a new contract or mahr.
In the Shafi'i school, rujuk must be by words; intercourse alone does not count as rujuk. Two witnesses are recommended. Rujuk must be with the intention of reconciling, not to harm the wife.
In Malaysia, rujuk must be reported and registered at the religious affairs office or Syariah Court according to the state Enactment. If the wife does not agree, the Enactments give her room to object through the prescribed channel. Once the ʿiddah has ended, rujuk is no longer possible; a new marriage contract is needed. See ʿiddah & rujuk.
In the Shafi'i school, rujuk must be by words; intercourse alone does not count as rujuk. Two witnesses are recommended. Rujuk must be with the intention of reconciling, not to harm the wife.
In Malaysia, rujuk must be reported and registered at the religious affairs office or Syariah Court according to the state Enactment. If the wife does not agree, the Enactments give her room to object through the prescribed channel. Once the ʿiddah has ended, rujuk is no longer possible; a new marriage contract is needed. See ʿiddah & rujuk.
Difference between schools. Hanafi and Hanbali: rujuk is also valid by action (intercourse/touch). Maliki: valid by action if accompanied by intention. Shafi'i: it must be by words.
Surah al-Baqarah 2:228Surah al-Baqarah 2:231Surah at-Talaq 65:2State Enactments
8I want a divorce but my husband refuses to pronounce talaq. What are my options?
A wife may apply for divorce through the Syariah Court by redemption (khulʿ), judicial dissolution (fasakh) or taʿliq (conditional divorce).
Khulʿ: the wife offers a payment (usually returning the mahr) so that the husband divorces her.
Fasakh: dissolution by the court on grounds such as non-payment of maintenance, mistreatment or a missing husband.
Taʿliq: if the husband breaches the taʿliq declaration read after the contract.
The court usually goes through a sulh (mediation) process and may appoint arbiters (hakam). A wife is permitted to seek separation when there is a reasonable cause; the Prophet ﷺ himself allowed the wife of Thabit bin Qais to separate through khulʿ. Get advice through counselling or khulʿ & fasakh.
Khulʿ: the wife offers a payment (usually returning the mahr) so that the husband divorces her.
Fasakh: dissolution by the court on grounds such as non-payment of maintenance, mistreatment or a missing husband.
Taʿliq: if the husband breaches the taʿliq declaration read after the contract.
The court usually goes through a sulh (mediation) process and may appoint arbiters (hakam). A wife is permitted to seek separation when there is a reasonable cause; the Prophet ﷺ himself allowed the wife of Thabit bin Qais to separate through khulʿ. Get advice through counselling or khulʿ & fasakh.
Surah al-Baqarah 2:229Sahih al-Bukhari 5273Act 303, s.52State Enactments
9How much must be paid for redemption divorce (khulʿ)?
Jumlah tebus talak ialah apa yang dipersetujui suami isteri; jika tidak sepakat, mahkamah syariah yang menetapkannya.
Dalam kisah isteri Thabit bin Qais, Nabi ﷺ menyuruh dia memulangkan kebun yang menjadi maharnya. Dalam mazhab Syafi'i, bayaran boleh kurang, sama atau lebih daripada mahar, tetapi meminta lebih daripada mahar dianggap kurang wajar oleh ramai ulama.
Di Malaysia, mahkamah menilai keupayaan isteri dan mengambil kira maskahwin. Khuluk menjatuhkan talak ba'in sughra: tiada rujuk, tetapi boleh berkahwin semula dengan akad baharu. Isteri tetap menjalani idah. Lihat khuluk.
Dalam kisah isteri Thabit bin Qais, Nabi ﷺ menyuruh dia memulangkan kebun yang menjadi maharnya. Dalam mazhab Syafi'i, bayaran boleh kurang, sama atau lebih daripada mahar, tetapi meminta lebih daripada mahar dianggap kurang wajar oleh ramai ulama.
Di Malaysia, mahkamah menilai keupayaan isteri dan mengambil kira maskahwin. Khuluk menjatuhkan talak ba'in sughra: tiada rujuk, tetapi boleh berkahwin semula dengan akad baharu. Isteri tetap menjalani idah. Lihat khuluk.
Perbezaan mazhab. Jumhur: boleh lebih daripada mahar. Sebahagian Hanbali dan ulama lain: makruh atau tidak boleh melebihi mahar.
Surah al-Baqarah 2:229Sahih al-Bukhari 5273Enakmen negeri
10What grounds can be used for judicial dissolution (fasakh)?
Judicial dissolution (fasakh) may be applied for on grounds recognised by law, including the husband failing to provide maintenance, being missing, being imprisoned for a long time, impotence, insanity or mistreating his wife.
Act 303, s.52 (and the equivalent sections in state Enactments) lists grounds such as: the husband's whereabouts unknown for more than a year; failure to provide maintenance for three months; imprisonment for three years or more; failure to fulfil conjugal obligations for a year without reason; impotence; certain diseases; and cruelty such as beating or failing to treat the wives fairly in a polygynous marriage.
The wife must prove the grounds with evidence. In the Shafi'i school, fasakh is not counted towards the number of talaq. See fasakh.
Act 303, s.52 (and the equivalent sections in state Enactments) lists grounds such as: the husband's whereabouts unknown for more than a year; failure to provide maintenance for three months; imprisonment for three years or more; failure to fulfil conjugal obligations for a year without reason; impotence; certain diseases; and cruelty such as beating or failing to treat the wives fairly in a polygynous marriage.
The wife must prove the grounds with evidence. In the Shafi'i school, fasakh is not counted towards the number of talaq. See fasakh.
Akta 303, s.52Enakmen negeri
11A husband pronounces divorce in anger: does talaq take effect?
Talaq in ordinary anger still takes effect, but if the anger reaches the point of completely losing rational control, scholars differ.
Scholars divide anger into three: mild anger (aware of what is said) — talaq takes effect; anger that removes reason so that one is unaware — talaq does not take effect; and an intermediate level that is disputed. Most talaqs happen in anger, so the excuse "I was angry" does not automatically cancel a talaq.
The Syariah Court will assess the circumstances, words and intention of the husband before confirming the talaq. Do not pronounce anything while angry; take wudu' and leave the place first. See talaq & divorce.
Scholars divide anger into three: mild anger (aware of what is said) — talaq takes effect; anger that removes reason so that one is unaware — talaq does not take effect; and an intermediate level that is disputed. Most talaqs happen in anger, so the excuse "I was angry" does not automatically cancel a talaq.
The Syariah Court will assess the circumstances, words and intention of the husband before confirming the talaq. Do not pronounce anything while angry; take wudu' and leave the place first. See talaq & divorce.
Differences between the schools. Majority of Shafi'is: it takes effect as long as the husband is aware of his words. Ibn al-Qayyim and some Hanbalis: it does not in extreme anger that overrides self-control.
Sunan Abu Dawud 2194 (hasan)State enactments
12If a husband says divorce as a joke, does talaq take effect?
Yes, talaq with explicit words still takes effect even if said as a joke.
The Prophet ﷺ said that there are three things whose seriousness is serious and whose jest is serious: marriage, talaq and rujuk (taking back). Explicit (sarih) words such as "I divorce you" do not require intention, so the excuse of joking is not accepted.
This is a reminder for husbands to guard their tongues. If it happens, report it to the Syariah Court for confirmation and, if it is a revocable (raj'i) talaq, consider rujuk within the ʿiddah. See talaq & divorce.
The Prophet ﷺ said that there are three things whose seriousness is serious and whose jest is serious: marriage, talaq and rujuk (taking back). Explicit (sarih) words such as "I divorce you" do not require intention, so the excuse of joking is not accepted.
This is a reminder for husbands to guard their tongues. If it happens, report it to the Syariah Court for confirmation and, if it is a revocable (raj'i) talaq, consider rujuk within the ʿiddah. See talaq & divorce.
Sunan Abu Dawud 2194 (hasan)Jami' at-Tirmidhi (hasan)
13If the intention to divorce merely crosses one's mind, does talaq take effect?
No; talaq does not take effect through intention or inner thoughts alone without words spoken or written.
The Prophet ﷺ said that Allah pardons his ummah for what crosses their hearts so long as they do not act on it or speak it. Imam al-Bukhari placed this hadith in the Book of Talaq as evidence that passing thoughts do not effect talaq.
The same applies to obsessive doubt (waswas): a person who keeps wondering "have I divorced my wife?" should hold to certainty, namely that the marriage still stands. If the doubts persist, see a religious officer or counsellor. See talaq & divorce.
The Prophet ﷺ said that Allah pardons his ummah for what crosses their hearts so long as they do not act on it or speak it. Imam al-Bukhari placed this hadith in the Book of Talaq as evidence that passing thoughts do not effect talaq.
The same applies to obsessive doubt (waswas): a person who keeps wondering "have I divorced my wife?" should hold to certainty, namely that the marriage still stands. If the doubts persist, see a religious officer or counsellor. See talaq & divorce.
Sahih al-Bukhari 5269Sahih Muslim 127
14What is the difference between explicit (sarih) and allusive (kinayah) words of divorce?
Lafaz sarih jatuh talak tanpa perlu niat, manakala lafaz kinayah hanya jatuh jika disertai niat menceraikan.
Contoh sarih: "Aku ceraikan engkau", "Engkau tertalak", "I divorce you". Contoh kinayah: "Pergilah balik rumah mak kau", "Kita putus", "Engkau bebas". Kinayah boleh bermaksud cerai atau perkara lain, maka ditanya niat suami ketika melafazkannya.
Talak boleh berlaku dalam apa-apa bahasa yang difahami. Apabila timbul pertikaian, mahkamah syariah akan menyoal suami tentang lafaz dan niatnya sebelum membuat sabitan. Lihat talak & cerai.
Contoh sarih: "Aku ceraikan engkau", "Engkau tertalak", "I divorce you". Contoh kinayah: "Pergilah balik rumah mak kau", "Kita putus", "Engkau bebas". Kinayah boleh bermaksud cerai atau perkara lain, maka ditanya niat suami ketika melafazkannya.
Talak boleh berlaku dalam apa-apa bahasa yang difahami. Apabila timbul pertikaian, mahkamah syariah akan menyoal suami tentang lafaz dan niatnya sebelum membuat sabitan. Lihat talak & cerai.
Surah al-Baqarah 2:229Enakmen negeri
15A husband is unsure whether he has pronounced talaq twice or three times. What then?
When in doubt about the number of talaq, the fiqh rule is to hold to the number that is certain, namely the smaller one.
The maxim "certainty is not removed by doubt" applies: if in doubt between two and three, it counts as two. However, scholars advise caution (wara') because this concerns whether the relationship is lawful or forbidden.
In Malaysia, court and religious affairs office records are the main reference. If any talaq was never confirmed, apply for confirmation now so the number is clear. Do not go on living together in doubt without consulting the Syariah Court or the mufti. See talaq & divorce.
The maxim "certainty is not removed by doubt" applies: if in doubt between two and three, it counts as two. However, scholars advise caution (wara') because this concerns whether the relationship is lawful or forbidden.
In Malaysia, court and religious affairs office records are the main reference. If any talaq was never confirmed, apply for confirmation now so the number is clear. Do not go on living together in doubt without consulting the Syariah Court or the mufti. See talaq & divorce.
Fiqh maxim: al-yaqin la yazulu bi al-syakState Enactment
16Divorced before consummation (no dukhul): is there an ʿiddah and mahr?
There is no ʿiddah for a wife divorced before consummation, and she is entitled to half of the agreed mahr.
Allah says that a wife divorced before she has been touched need not observe an ʿiddah. If the mahr was fixed, the husband must pay half, unless the wife waives it. If the mahr was not fixed, the wife is entitled to mutʿah (consolatory gift) according to the husband's means.
A talaq before consummation is ba'in sughra: they may remarry with a new contract. Note: if there was valid seclusion (khalwah sahihah), other schools may make the ʿiddah and full mahr obligatory. See mahr.
Allah says that a wife divorced before she has been touched need not observe an ʿiddah. If the mahr was fixed, the husband must pay half, unless the wife waives it. If the mahr was not fixed, the wife is entitled to mutʿah (consolatory gift) according to the husband's means.
A talaq before consummation is ba'in sughra: they may remarry with a new contract. Note: if there was valid seclusion (khalwah sahihah), other schools may make the ʿiddah and full mahr obligatory. See mahr.
Difference between schools. Hanafi and Hanbali: valid seclusion (khalwah sahihah: being alone together without impediment) makes the ʿiddah and full mahr obligatory. Shafi'i (qaul jadid): it does not.
Surah al-Ahzab 33:49Surah al-Baqarah 2:236Surah al-Baqarah 2:237
17Is a wife entitled to maintenance (nafkah) during the ʿiddah?
Yes, for the ʿiddah of a revocable talaq (raj'i): the wife is fully entitled to maintenance and housing until the ʿiddah ends.
For an irrevocable talaq (ba'in): if the wife is pregnant, she is entitled to maintenance and housing until she gives birth. If she is not pregnant, the Shafi'i school grants housing only. A wife who is nushuz during ʿiddah may lose her rights.
In Malaysia, a wife may claim ʿiddah maintenance in the Syariah Court; the amount is assessed according to the wife's needs and the husband's means. This claim is separate from mutʿah (consolatory gift) and jointly acquired matrimonial property (harta sepencarian). See ʿiddah & rujuk.
For an irrevocable talaq (ba'in): if the wife is pregnant, she is entitled to maintenance and housing until she gives birth. If she is not pregnant, the Shafi'i school grants housing only. A wife who is nushuz during ʿiddah may lose her rights.
In Malaysia, a wife may claim ʿiddah maintenance in the Syariah Court; the amount is assessed according to the wife's needs and the husband's means. This claim is separate from mutʿah (consolatory gift) and jointly acquired matrimonial property (harta sepencarian). See ʿiddah & rujuk.
Difference among the schools. Irrevocably divorced (ba'in) and not pregnant — Shafi'i/Maliki: housing only; Hanafi: maintenance and housing; Hanbali: neither (based on the hadith of Fatimah binti Qais).
Surah at-Talaq 65:1Surah at-Talaq 65:6Sahih Muslim 1480State Enactment
18What is mut'ah (consolatory gift) after divorce and how much is it?
Mutʿah is a consolatory gift from the former husband to a wife divorced through no fault of her own.
Allah says that divorced women are entitled to mutʿah on a reasonable basis, as a duty upon the God-fearing. The Qur'an sets no fixed amount; it is measured by the husband's means.
In Malaysia, a wife may claim mutʿah in court (Act 303, s.56 and the equivalent sections in the state Enactments). The court weighs the length of the marriage, the wife's contribution, the effect of the divorce and the husband's income. Awards can range from thousands to hundreds of thousands of ringgit. See talaq & divorce and the calculator.
Allah says that divorced women are entitled to mutʿah on a reasonable basis, as a duty upon the God-fearing. The Qur'an sets no fixed amount; it is measured by the husband's means.
In Malaysia, a wife may claim mutʿah in court (Act 303, s.56 and the equivalent sections in the state Enactments). The court weighs the length of the marriage, the wife's contribution, the effect of the divorce and the husband's income. Awards can range from thousands to hundreds of thousands of ringgit. See talaq & divorce and the calculator.
Difference among the schools. Shafi'i: mutʿah is obligatory for every wife divorced after consummation (dukhul) where the divorce was not caused by her. Maliki: recommended only. Hanafi: obligatory only if divorced before consummation with no mahr fixed.
Surah al-Baqarah 2:236Surah al-Baqarah 2:241Act 303, s.56
19How does one claim jointly acquired matrimonial property (harta sepencarian) after divorce?
Jointly acquired matrimonial property (harta sepencarian) is claimed in the Syariah Court and divided according to each party's contribution during the marriage.
Jointly acquired matrimonial property is property acquired together during the marriage, whether through direct contributions (money, loan repayments) or indirect ones (running the household, caring for the children). Act 303, s.122 (and the equivalent sections in state Enactments) empowers the court to divide it.
Prepare evidence: titles, bank statements, receipts and evidence of contributions. The claim can be made together with the divorce application or afterwards. It is a Malay customary practice accepted by the Shariah. See talaq & divorce.
Jointly acquired matrimonial property is property acquired together during the marriage, whether through direct contributions (money, loan repayments) or indirect ones (running the household, caring for the children). Act 303, s.122 (and the equivalent sections in state Enactments) empowers the court to divide it.
Prepare evidence: titles, bank statements, receipts and evidence of contributions. The claim can be made together with the divorce application or afterwards. It is a Malay customary practice accepted by the Shariah. See talaq & divorce.
Akta 303, s.122Enakmen negeri
20May a wife in her ʿiddah leave the house or go to work?
A wife in her ʿiddah must stay in the marital home, but may go out for needs such as work, treatment or important business.
Allah forbids husbands to turn their wives out of the house during the ʿiddah, and the wife too should not leave without reason. In the Shafi'i school, a wife in the ʿiddah of a revocable talaq (raj'i) needs her husband's permission to go out because she is still under his maintenance; a wife in the ʿiddah of an irrevocable talaq (ba'in) or of death may go out during the day for needs and return to spend the night at home.
Working to earn a living counts as a need. Avoid long journeys or spending the night elsewhere without an emergency. See ʿiddah & rujuk.
Allah forbids husbands to turn their wives out of the house during the ʿiddah, and the wife too should not leave without reason. In the Shafi'i school, a wife in the ʿiddah of a revocable talaq (raj'i) needs her husband's permission to go out because she is still under his maintenance; a wife in the ʿiddah of an irrevocable talaq (ba'in) or of death may go out during the day for needs and return to spend the night at home.
Working to earn a living counts as a need. Avoid long journeys or spending the night elsewhere without an emergency. See ʿiddah & rujuk.
Surah at-Talaq 65:1
21My husband wants to take me back (rujuk): must the wife agree?
In fiqh, rujuk during raj'i ʿiddah does not require the wife's consent, but Malaysian law gives the wife room to object.
The Qur'an says husbands have more right to take their wives back during the ʿiddah if they desire reconciliation. Rujuk with the intention of hurting the wife or prolonging her suffering is forbidden.
State Enactments require rujuk to be registered, and if the wife does not agree on reasonable grounds, the matter can be referred to the court or a conciliatory committee. A relationship restored by force seldom lasts; counselling is strongly encouraged. See ʿiddah & rujuk.
The Qur'an says husbands have more right to take their wives back during the ʿiddah if they desire reconciliation. Rujuk with the intention of hurting the wife or prolonging her suffering is forbidden.
State Enactments require rujuk to be registered, and if the wife does not agree on reasonable grounds, the matter can be referred to the court or a conciliatory committee. A relationship restored by force seldom lasts; counselling is strongly encouraged. See ʿiddah & rujuk.
Surah al-Baqarah 2:228Surah al-Baqarah 2:231State Enactment
22After a triple talaq, can she remarry her former husband?
Yes, but only after the former wife has validly married another man, the marriage has been consummated, and she has then been divorced (or widowed) and completed her ʿiddah.
Allah says: if he divorces her (a third time), she is no longer lawful to him until she marries another husband. The Prophet ﷺ explained in the story of Rifa'ah's wife that intercourse with the second husband is a condition.
The second marriage must be a genuine marriage, not one planned to make her lawful again (nikah muhallil), which is cursed in the hadith. See rujuk & remarriage.
Allah says: if he divorces her (a third time), she is no longer lawful to him until she marries another husband. The Prophet ﷺ explained in the story of Rifa'ah's wife that intercourse with the second husband is a condition.
The second marriage must be a genuine marriage, not one planned to make her lawful again (nikah muhallil), which is cursed in the hadith. See rujuk & remarriage.
Surah al-Baqarah 2:230Sahih al-Bukhari and Sahih Muslim (the story of the wife of Rifa'ah al-Qurazi)Narrated by Abu Dawud and at-Tirmidhi (sahih) — the curse on the muhallil
23After divorce, who is entitled to live in the marital home?
During ʿiddah, the divorced wife has the right to remain in the marital home; after that, the right depends on a court order, custody (hadhanah) of the children and ownership of the house.
Allah forbids husbands from turning divorced wives out of their homes during the ʿiddah (at-Talaq 65:1) and commands that they be housed where the husband lives, according to his means (65:6). In the Shafi'i school, this right to housing exists for the ʿiddah of both revocable (raj'i) and irrevocable (ba'in) talaq.
In the Federal Territories, Act 303 s.71 gives a divorced woman the right to live in the home she lived in during the marriage so long as the husband does not obtain other suitable accommodation for her; this right ends when the ʿiddah ends, the period of child custody ends, she remarries, or she openly commits a lewd act (fahisyah). State Enactments have equivalent provisions. Ownership of the house itself is settled through a claim for jointly acquired matrimonial property (Act 303 s.122). See ʿiddah & rujuk and talaq & divorce.
Allah forbids husbands from turning divorced wives out of their homes during the ʿiddah (at-Talaq 65:1) and commands that they be housed where the husband lives, according to his means (65:6). In the Shafi'i school, this right to housing exists for the ʿiddah of both revocable (raj'i) and irrevocable (ba'in) talaq.
In the Federal Territories, Act 303 s.71 gives a divorced woman the right to live in the home she lived in during the marriage so long as the husband does not obtain other suitable accommodation for her; this right ends when the ʿiddah ends, the period of child custody ends, she remarries, or she openly commits a lewd act (fahisyah). State Enactments have equivalent provisions. Ownership of the house itself is settled through a claim for jointly acquired matrimonial property (Act 303 s.122). See ʿiddah & rujuk and talaq & divorce.
Difference among the schools. Hanafi: a woman in the ʿiddah of an irrevocable talaq (ba'in) is entitled to housing and maintenance. Shafi'i and Maliki: entitled to housing, and maintenance only if pregnant. Hanbali: no right to housing or maintenance unless pregnant (the hadith of Fatimah binti Qais).
Surah at-Talaq 65:1Surah at-Talaq 65:6Act 303, s.71Act 303, s.122
24What is the taʿliq declaration read after the marriage contract?
Taʿliq is a conditional talaq statement by the husband after the contract: if he breaches certain conditions, the wife can complain and the talaq takes effect once confirmed by the court.
The taʿliq statement in Malaysia usually covers: leaving the wife for four consecutive months, not providing maintenance, or hitting or harming the wife. The actual content differs by state.
The talaq does not take effect automatically; the wife must make a complaint and the Syariah Court will confirm the breach. The couple can also add other conditions in a written agreement at the time of the contract. Keep a copy of your taʿliq document. See conditions & taʿliq.
The taʿliq statement in Malaysia usually covers: leaving the wife for four consecutive months, not providing maintenance, or hitting or harming the wife. The actual content differs by state.
The talaq does not take effect automatically; the wife must make a complaint and the Syariah Court will confirm the breach. The couple can also add other conditions in a written agreement at the time of the contract. Keep a copy of your taʿliq document. See conditions & taʿliq.
State enactments (taʿliq and divorce)
25My husband divorced me while I was menstruating. Is it valid?
Talaq during menstruation is an innovated (bid'i) talaq and sinful, but according to the four schools it still takes effect.
Ibn Umar divorced his wife during menstruation; the Prophet ﷺ was angry and told him to take her back, then wait until she was pure. The majority understood that command to take her back as proof that the talaq had been counted.
A husband who does this must repent and is encouraged to take her back if the talaq is revocable (raj'i). The ʿiddah is counted from the end of that menstruation (in the Shafi'i school, the menstruation during which the talaq occurred is not counted). Report it to the Syariah Court for confirmation. See talaq & divorce.
Ibn Umar divorced his wife during menstruation; the Prophet ﷺ was angry and told him to take her back, then wait until she was pure. The majority understood that command to take her back as proof that the talaq had been counted.
A husband who does this must repent and is encouraged to take her back if the talaq is revocable (raj'i). The ʿiddah is counted from the end of that menstruation (in the Shafi'i school, the menstruation during which the talaq occurred is not counted). Report it to the Syariah Court for confirmation. See talaq & divorce.
Differences between the schools. The four schools: it takes effect. Ibn Taymiyyah, Ibn al-Qayyim and Ibn Hazm: it does not.
Surah at-Talaq 65:1Sahih al-Bukhari 5251Sahih Muslim 1471
26May a husband divorce a wife who is pregnant?
Yes; talaq while the wife is pregnant is valid and is not a talaq bid'i.
The ʿiddah of a pregnant wife ends when she gives birth, whether that period is long or short. Throughout the pregnancy, the former husband must provide maintenance and housing even if the talaq is irrevocable (ba'in). After the birth, if the wife breastfeeds the child, the husband must pay for the breastfeeding if agreed.
However, the husband should weigh the emotional effect on a pregnant wife. Counselling is encouraged before a final decision. See ʿiddah & rujuk and custody (hadhanah) & lineage.
The ʿiddah of a pregnant wife ends when she gives birth, whether that period is long or short. Throughout the pregnancy, the former husband must provide maintenance and housing even if the talaq is irrevocable (ba'in). After the birth, if the wife breastfeeds the child, the husband must pay for the breastfeeding if agreed.
However, the husband should weigh the emotional effect on a pregnant wife. Counselling is encouraged before a final decision. See ʿiddah & rujuk and custody (hadhanah) & lineage.
Surah at-Talaq 65:4Surah at-Talaq 65:6
27What is the ʿiddah of a woman who has reached menopause?
The ʿiddah of a woman who no longer menstruates is three lunar months.
Allah says that women who have despaired of menstruation, their ʿiddah is three months; and likewise those who have not yet menstruated. The months are counted by the Hijri calendar. If the talaq occurs in the middle of a month, that month is completed to 30 days.
If the woman starts menstruating again before the ʿiddah ends, her ʿiddah switches to quru'. If menstruation stopped for another reason such as breastfeeding or treatment, the ruling is different; consult a religious officer or the court. See ʿiddah & rujuk.
Allah says that women who have despaired of menstruation, their ʿiddah is three months; and likewise those who have not yet menstruated. The months are counted by the Hijri calendar. If the talaq occurs in the middle of a month, that month is completed to 30 days.
If the woman starts menstruating again before the ʿiddah ends, her ʿiddah switches to quru'. If menstruation stopped for another reason such as breastfeeding or treatment, the ruling is different; consult a religious officer or the court. See ʿiddah & rujuk.
Surah at-Talaq 65:4
28A wife miscarries during the ʿiddah: does her ʿiddah end?
Yes, if the miscarried foetus already had a human form (however slight), her ʿiddah ends with that miscarriage.
The ʿiddah of a pregnant woman ends with the delivery of the pregnancy. Shafi'i scholars require that the foetus already had a human form, or was confirmed by an expert (midwife or doctor) as the beginning of a human being. If it was only a clot of blood without form, the ʿiddah continues by quru'.
Keep the medical report as evidence, especially if the end date of the ʿiddah needs to be confirmed in the Syariah Court. See ʿiddah & rujuk.
The ʿiddah of a pregnant woman ends with the delivery of the pregnancy. Shafi'i scholars require that the foetus already had a human form, or was confirmed by an expert (midwife or doctor) as the beginning of a human being. If it was only a clot of blood without form, the ʿiddah continues by quru'.
Keep the medical report as evidence, especially if the end date of the ʿiddah needs to be confirmed in the Syariah Court. See ʿiddah & rujuk.
Difference between schools. The Hanbali and Hanafi schools place more emphasis on a clear human form; the Maliki school accepts anything known to be a pregnancy.
Surah at-Talaq 65:4
29Is the ʿiddah after khulʿ or judicial dissolution (fasakh) the same as after talaq?
Yes, in the Shafi'i school the ʿiddah after khulʿ and fasakh is the same as the ʿiddah of talaq: three quru', three months, or until delivery.
The difference is that both are irrevocable (ba'in) separations, so the husband cannot take her back during the ʿiddah. If they wish to reunite, a new contract and mahr are needed, and this can be done even during the wife's own ʿiddah.
A pregnant wife is entitled to maintenance until she gives birth. In the Shafi'i school, fasakh does not reduce the number of talaq, but khulʿ counts as one talaq. See ʿiddah & rujuk.
The difference is that both are irrevocable (ba'in) separations, so the husband cannot take her back during the ʿiddah. If they wish to reunite, a new contract and mahr are needed, and this can be done even during the wife's own ʿiddah.
A pregnant wife is entitled to maintenance until she gives birth. In the Shafi'i school, fasakh does not reduce the number of talaq, but khulʿ counts as one talaq. See ʿiddah & rujuk.
Difference between schools. One Hanbali narration (chosen by Ibn Taymiyyah): the ʿiddah of khulʿ is only one menstrual period, based on a hadith narrated by Abu Dawud and at-Tirmidhi.
Surah al-Baqarah 2:228Surah at-Talaq 65:4
30My husband said I am 'like his mother's back'. What is zihar?
Zihar ialah suami menyamakan isterinya dengan wanita mahramnya, seperti "engkau bagiku seperti belakang ibuku", dan ia haram serta mewajibkan kaffarah sebelum bersama semula.
Surah al-Mujadilah turun berkenaan Khawlah binti Tha'labah yang dizihar oleh suaminya. Allah menyebutnya sebagai perkataan mungkar dan dusta.
Kaffarah zihar mengikut susunan: memerdekakan hamba; jika tidak mampu, puasa dua bulan berturut-turut; jika tidak mampu, memberi makan 60 orang miskin. Zihar tidak menjatuhkan talak, tetapi suami haram menyetubuhi isteri sehingga kaffarah ditunaikan. Rujuk mahkamah syariah atau pejabat agama. Lihat talak & cerai.
Surah al-Mujadilah turun berkenaan Khawlah binti Tha'labah yang dizihar oleh suaminya. Allah menyebutnya sebagai perkataan mungkar dan dusta.
Kaffarah zihar mengikut susunan: memerdekakan hamba; jika tidak mampu, puasa dua bulan berturut-turut; jika tidak mampu, memberi makan 60 orang miskin. Zihar tidak menjatuhkan talak, tetapi suami haram menyetubuhi isteri sehingga kaffarah ditunaikan. Rujuk mahkamah syariah atau pejabat agama. Lihat talak & cerai.
Surah al-Mujadilah 58:1Surah al-Mujadilah 58:2Surah al-Mujadilah 58:3Surah al-Mujadilah 58:4
31My husband swore he would not touch me. What is the ruling on ila'?
Ila' is when a husband swears not to have intercourse with his wife for more than four months; after four months he must either return to his wife or divorce her.
Allah gives a husband who makes ila' a period of four months. If he returns, he pays the expiation for his oath, and Allah is Most Forgiving. If he resolves on talaq, the talaq takes effect.
In the Shafi'i school, after four months the wife may make a claim in court; the judge compels the husband to choose between returning and talaq, and if he refuses, the judge may pronounce the talaq. Leaving a wife without conjugal relations can also be a ground for fasakh. See talaq & divorce.
Allah gives a husband who makes ila' a period of four months. If he returns, he pays the expiation for his oath, and Allah is Most Forgiving. If he resolves on talaq, the talaq takes effect.
In the Shafi'i school, after four months the wife may make a claim in court; the judge compels the husband to choose between returning and talaq, and if he refuses, the judge may pronounce the talaq. Leaving a wife without conjugal relations can also be a ground for fasakh. See talaq & divorce.
Difference between schools. Hanafi: an irrevocable talaq takes effect automatically after four months if the husband does not return. Shafi'i, Maliki, Hanbali: not automatic; the husband must choose or the judge divorces them.
Surah al-Baqarah 2:226Surah al-Baqarah 2:227Surah al-Ma'idah 5:89
32A husband accuses his wife of adultery without witnesses. What is li'an?
Li'an ialah prosedur sumpah di hadapan hakim apabila suami menuduh isteri berzina tanpa empat saksi; ia menyebabkan perpisahan selama-lamanya.
Suami bersumpah empat kali bahawa dia benar, dan kali kelima memohon laknat Allah jika dia berdusta. Isteri boleh menolak hukuman dengan bersumpah empat kali bahawa suami berdusta, dan kali kelima memohon kemurkaan Allah jika suami benar.
Kesannya: pasangan dipisahkan dan tidak boleh berkahwin semula selama-lamanya, dan anak yang dinafikan tidak dinasabkan kepada suami. Li'an hanya dilakukan di mahkamah syariah. Menuduh zina tanpa bukti ialah dosa besar. Lihat talak & cerai.
Suami bersumpah empat kali bahawa dia benar, dan kali kelima memohon laknat Allah jika dia berdusta. Isteri boleh menolak hukuman dengan bersumpah empat kali bahawa suami berdusta, dan kali kelima memohon kemurkaan Allah jika suami benar.
Kesannya: pasangan dipisahkan dan tidak boleh berkahwin semula selama-lamanya, dan anak yang dinafikan tidak dinasabkan kepada suami. Li'an hanya dilakukan di mahkamah syariah. Menuduh zina tanpa bukti ialah dosa besar. Lihat talak & cerai.
Surah an-Nur 24:6Surah an-Nur 24:7Surah an-Nur 24:8Surah an-Nur 24:9Enakmen negeri
33What is the ruling on talaq in Islam? Is it hated by Allah?
Talaq is permissible and is a last resort, but its ruling can change to obligatory, recommended, disliked or forbidden depending on the circumstances.
Obligatory: after ila' if the husband refuses to return. Recommended: if the wife neglects basic religious obligations. Disliked: without reason. Forbidden: talaq bid'i. The well-known hadith "the most hated of lawful things to Allah is talaq" has its authenticity disputed by many hadith scholars, so it is not used as the main evidence.
The Qur'an sets out stages: advice, arbiters (hakam), and if they separate, Allah will suffice each of them from His bounty. See talaq & divorce.
Obligatory: after ila' if the husband refuses to return. Recommended: if the wife neglects basic religious obligations. Disliked: without reason. Forbidden: talaq bid'i. The well-known hadith "the most hated of lawful things to Allah is talaq" has its authenticity disputed by many hadith scholars, so it is not used as the main evidence.
The Qur'an sets out stages: advice, arbiters (hakam), and if they separate, Allah will suffice each of them from His bounty. See talaq & divorce.
Surah an-Nisa' 4:35Surah an-Nisa' 4:130Surah al-Baqarah 2:229
34What are the steps to file for divorce in the Syariah Court?
The process begins with filing an application in the Syariah Court of the district of residence, followed by sulh or counselling sessions, and finally a hearing for the pronouncement or confirmation of talaq.
General steps: (1) fill in the divorce application form and pay the fee; (2) serve the summons on the spouse; (3) counselling sessions or a conciliatory committee if one party does not agree; (4) the court allows the husband to pronounce talaq before the judge (Act 303, s.47); (5) registration of the divorce and the divorce certificate.
Ancillary claims such as ʿiddah maintenance, mutʿah (consolatory gift) and jointly acquired matrimonial property can be filed at the same time. The procedure differs slightly by state. See talaq & divorce.
General steps: (1) fill in the divorce application form and pay the fee; (2) serve the summons on the spouse; (3) counselling sessions or a conciliatory committee if one party does not agree; (4) the court allows the husband to pronounce talaq before the judge (Act 303, s.47); (5) registration of the divorce and the divorce certificate.
Ancillary claims such as ʿiddah maintenance, mutʿah (consolatory gift) and jointly acquired matrimonial property can be filed at the same time. The procedure differs slightly by state. See talaq & divorce.
Akta 303, s.47Enakmen negeri
35What are a wife's rights after divorce?
A divorced wife is entitled to claim ʿiddah maintenance, mutʿah (consolatory gift), outstanding mahr, jointly acquired matrimonial property, custody of the children and child maintenance.
ʿIddah maintenance: for a revocable talaq (raj'i) or during pregnancy. Mutʿah: a consolatory gift according to the husband's means. Unpaid mahr becomes a debt. Jointly acquired matrimonial property (harta sepencarian): according to contribution. Custody (hadhanah): usually to the mother for young children. Child maintenance: remains the father's responsibility.
All these claims are filed in the Syariah Court, and some have time limits or particular conditions in the state Enactments. See talaq & divorce and maintenance (nafkah).
ʿIddah maintenance: for a revocable talaq (raj'i) or during pregnancy. Mutʿah: a consolatory gift according to the husband's means. Unpaid mahr becomes a debt. Jointly acquired matrimonial property (harta sepencarian): according to contribution. Custody (hadhanah): usually to the mother for young children. Child maintenance: remains the father's responsibility.
All these claims are filed in the Syariah Court, and some have time limits or particular conditions in the state Enactments. See talaq & divorce and maintenance (nafkah).
Surah al-Baqarah 2:241Surah at-Talaq 65:6Act 303, s.56Act 303, s.122
36A husband is forced or threatened into pronouncing talaq: does it take effect?
Talak suami yang benar-benar dipaksa dengan ugutan berat tidak jatuh menurut jumhur ulama.
Paksaan yang diiktiraf ialah ugutan yang mampu dilaksanakan oleh pengugut dan membahayakan nyawa, anggota atau maruah, sehingga suami tiada pilihan. Allah memaafkan orang yang dipaksa mengucap kekufuran, apatah lagi lafaz talak. Hadith tentang diangkat dosa daripada orang yang dipaksa turut dijadikan sandaran.
Tekanan biasa, seperti desakan keluarga, tidak termasuk paksaan. Mahkamah syariah akan menilai keterangan tentang ugutan itu. Lihat talak & cerai.
Paksaan yang diiktiraf ialah ugutan yang mampu dilaksanakan oleh pengugut dan membahayakan nyawa, anggota atau maruah, sehingga suami tiada pilihan. Allah memaafkan orang yang dipaksa mengucap kekufuran, apatah lagi lafaz talak. Hadith tentang diangkat dosa daripada orang yang dipaksa turut dijadikan sandaran.
Tekanan biasa, seperti desakan keluarga, tidak termasuk paksaan. Mahkamah syariah akan menilai keterangan tentang ugutan itu. Lihat talak & cerai.
Perbezaan mazhab. Syafi'i, Maliki, Hanbali: tidak jatuh. Hanafi: jatuh walaupun dipaksa.
Surah an-Nahl 16:106Riwayat Ibn Majah (hasan) — diangkat dosa kerana tersalah, lupa dan dipaksa
37A husband pronounces talaq while drunk: does it take effect?
In the Shafi'i school, the talaq of someone deliberately drunk still takes effect, as a penalty because he chose to become drunk.
If the drunkenness was unintentional (for example, swallowing medicine or being tricked), the talaq does not take effect because he is not responsible for losing his reason. Scholars differ on this issue.
The Syariah Court will decide based on the evidence. Apart from the talaq issue, drinking alcohol is itself a major sin requiring repentance, and can be grounds for fasakh if it causes harm. See talaq & divorce.
If the drunkenness was unintentional (for example, swallowing medicine or being tricked), the talaq does not take effect because he is not responsible for losing his reason. Scholars differ on this issue.
The Syariah Court will decide based on the evidence. Apart from the talaq issue, drinking alcohol is itself a major sin requiring repentance, and can be grounds for fasakh if it causes harm. See talaq & divorce.
Differences between the schools. Hanafi, Maliki, Shafi'i (authoritative view): it takes effect. One Hanbali narration, Ibn Taymiyyah and some scholars: it does not, because of loss of reason.
Surah an-Nisa' 4:43State enactments
38After my former wife married another man and came back to me, how many talaq do I have left?
If the earlier separation was fewer than three talaq, according to the majority of scholars the husband has only the remaining talaq, not a fresh three.
Example: you divorced her with one talaq, she married someone else, then divorced and came back to you — you have two talaq left. If the earlier separation was a triple talaq, a new marriage after a second husband gives a full three talaq.
This issue has major consequences, so check the record of earlier talaq with the Syariah Court before contracting the marriage again. See rujuk & remarriage.
Example: you divorced her with one talaq, she married someone else, then divorced and came back to you — you have two talaq left. If the earlier separation was a triple talaq, a new marriage after a second husband gives a full three talaq.
This issue has major consequences, so check the record of earlier talaq with the Syariah Court before contracting the marriage again. See rujuk & remarriage.
Difference between schools. Maliki, Shafi'i, Hanbali (the majority): the remaining talaq are carried over. Abu Hanifah and Abu Yusuf: marriage to a second husband restarts the three talaq.
Surah al-Baqarah 2:229Surah al-Baqarah 2:230
39May one marry a fifth wife while the fourth wife is in her ʿiddah?
Not during the ʿiddah of a revocable (raj'i) talaq, because a wife in a raj'i ʿiddah still counts as a wife; the limit of four wives is still full.
For an irrevocable (ba'in) ʿiddah (khulʿ, triple talaq, or a raj'i talaq whose ʿiddah has ended), the Shafi'i school permits the husband to marry a new wife before the former wife's ʿiddah ends. The same ruling applies to marrying the former wife's sister.
In Malaysia, any polygynous marriage still requires the court's permission. Refer to fiqh of polygyny and ʿiddah & reconciliation.
For an irrevocable (ba'in) ʿiddah (khulʿ, triple talaq, or a raj'i talaq whose ʿiddah has ended), the Shafi'i school permits the husband to marry a new wife before the former wife's ʿiddah ends. The same ruling applies to marrying the former wife's sister.
In Malaysia, any polygynous marriage still requires the court's permission. Refer to fiqh of polygyny and ʿiddah & reconciliation.
Difference between schools. Shafi'i and Maliki: allowed during an irrevocable (ba'in) ʿiddah. Hanafi and Hanbali: not allowed until the former wife's ʿiddah ends, whether revocable (raj'i) or irrevocable.
Surah an-Nisa' 4:3Surah an-Nisa' 4:23Act 303, s.23
40Can a wife ask for divorce because her husband wants to marry again?
A lawful polygynous marriage is not in itself a ground for fasakh, but the wife may apply for khulʿ, and may claim fasakh if the husband is not fair.
Islamic family law (for example Act 303, s.52) recognises a polygynous husband's failure to treat a wife fairly in accordance with the Shariah as one form of cruelty for fasakh. If there is a condition in the contract agreed by the husband concerning polygyny, its breach may be the basis of a claim.
The wife is also entitled to attend and give her views on her husband's polygyny application in court. Seek counselling and legal advice so that your decision is made with full information. See talaq & divorce.
Islamic family law (for example Act 303, s.52) recognises a polygynous husband's failure to treat a wife fairly in accordance with the Shariah as one form of cruelty for fasakh. If there is a condition in the contract agreed by the husband concerning polygyny, its breach may be the basis of a claim.
The wife is also entitled to attend and give her views on her husband's polygyny application in court. Seek counselling and legal advice so that your decision is made with full information. See talaq & divorce.
Surah an-Nisa' 4:3Surah an-Nisa' 4:129Act 303, s.52Act 303, s.23
41The mahr (dower) was not yet paid and the husband has divorced me. Can I claim it?
Ya; mahar yang belum dibayar menjadi hutang suami dan boleh dituntut di mahkamah syariah selepas perceraian.
Jika perkahwinan telah disetubuhi, isteri berhak mahar penuh. Jika bercerai sebelum disetubuhi, dia berhak separuh daripada mahar yang ditetapkan. Mahar tidak gugur dengan perceraian, malah tidak gugur dengan kematian (boleh dituntut daripada harta pusaka).
Suami juga tidak boleh menuntut kembali mahar yang telah diberikan, kecuali dalam khuluk dengan persetujuan isteri. Bawa surat nikah sebagai bukti jumlah mahar. Lihat mahar.
Jika perkahwinan telah disetubuhi, isteri berhak mahar penuh. Jika bercerai sebelum disetubuhi, dia berhak separuh daripada mahar yang ditetapkan. Mahar tidak gugur dengan perceraian, malah tidak gugur dengan kematian (boleh dituntut daripada harta pusaka).
Suami juga tidak boleh menuntut kembali mahar yang telah diberikan, kecuali dalam khuluk dengan persetujuan isteri. Bawa surat nikah sebagai bukti jumlah mahar. Lihat mahar.
Surah an-Nisa' 4:4Surah an-Nisa' 4:20Surah al-Baqarah 2:237
42On divorce, must the hantaran money and jewellery be returned?
The mahr is not returned (except in khulʿ), while hantaran and gifts depend on custom, agreement and the court's decision.
Hantaran money is a custom, not a pillar of marriage. Gifts that have been fully given (hibah) are in principle not asked back; the Prophet ﷺ censured those who take back their gifts. Jewellery bought together may count as jointly acquired matrimonial property.
If there is a dispute, the Syariah Court will assess the status of each item. Avoid reclaiming gifts in a humiliating way. See mahr.
Hantaran money is a custom, not a pillar of marriage. Gifts that have been fully given (hibah) are in principle not asked back; the Prophet ﷺ censured those who take back their gifts. Jewellery bought together may count as jointly acquired matrimonial property.
If there is a dispute, the Syariah Court will assess the status of each item. Avoid reclaiming gifts in a humiliating way. See mahr.
Surah an-Nisa' 4:20Sahih al-Bukhari and Sahih Muslim (prohibition on taking back a gift)State Enactments
43May a woman in her ʿiddah receive a proposal or become engaged?
A woman in the ʿiddah of a revocable talaq (raj'i) may not be proposed to at all; a woman in the ʿiddah of an irrevocable talaq (ba'in) or of death may be proposed to by hint only, not by an explicit proposal.
Allah permits hinting (taʿridh) to a woman in her ʿiddah, but forbids making secret promises and forbids the contract before the ʿiddah ends. A marriage contract during the ʿiddah is void.
A woman in a raj'i ʿiddah is still another man's wife and may be taken back, so even hinting is forbidden. Only after the ʿiddah ends may a formal proposal and engagement take place. See ʿiddah & rujuk.
Allah permits hinting (taʿridh) to a woman in her ʿiddah, but forbids making secret promises and forbids the contract before the ʿiddah ends. A marriage contract during the ʿiddah is void.
A woman in a raj'i ʿiddah is still another man's wife and may be taken back, so even hinting is forbidden. Only after the ʿiddah ends may a formal proposal and engagement take place. See ʿiddah & rujuk.
Surah al-Baqarah 2:235
44My husband has been missing for years and I don't know where he is: how can a wife be freed?
Isteri boleh memohon fasakh di mahkamah syariah jika tempat suami tidak diketahui untuk tempoh yang ditetapkan undang-undang, atau memohon perintah anggapan kematian.
Akta 303, s.52 (dan seksyen setara dalam enakmen negeri) menyenaraikan ketidakhadiran suami yang tidak diketahui tempatnya melebihi satu tahun sebagai alasan fasakh. Kegagalan memberi nafkah selama tiga bulan juga boleh digunakan.
Isteri perlu membuktikan usaha mencari suami, seperti laporan polis dan iklan. Selepas fasakh disahkan, isteri menjalani idah sebelum boleh berkahwin semula. Lihat fasakh.
Akta 303, s.52 (dan seksyen setara dalam enakmen negeri) menyenaraikan ketidakhadiran suami yang tidak diketahui tempatnya melebihi satu tahun sebagai alasan fasakh. Kegagalan memberi nafkah selama tiga bulan juga boleh digunakan.
Isteri perlu membuktikan usaha mencari suami, seperti laporan polis dan iklan. Selepas fasakh disahkan, isteri menjalani idah sebelum boleh berkahwin semula. Lihat fasakh.
Perbezaan mazhab. Maliki: isteri suami hilang menunggu empat tahun (pendapat Umar). Syafi'i (qaul jadid): menunggu sehingga diyakini wafat; Malaysia menggunakan peruntukan fasakh.
Akta 303, s.52Enakmen negeri
45Does talaq by phone or video call take effect?
Yes; clear words of talaq by phone or video call take effect just like words spoken face to face, because the husband's voice is heard directly.
The presence of the wife or witnesses is not a condition for a valid talaq. However, the question of proof arises: the wife must prove the voice was her husband's and what words were said. Recordings, witnesses who heard it or the husband's admission can help.
In Malaysia, such a talaq is still regarded as outside court, so it must be reported to be confirmed. The court will summon both parties. See talaq & divorce.
The presence of the wife or witnesses is not a condition for a valid talaq. However, the question of proof arises: the wife must prove the voice was her husband's and what words were said. Recordings, witnesses who heard it or the husband's admission can help.
In Malaysia, such a talaq is still regarded as outside court, so it must be reported to be confirmed. The court will summon both parties. See talaq & divorce.
Sunan Abu Dawud 2194 (hasan)Act 303, s.124State enactments
46Can a wife pronounce talaq herself?
In principle the power of talaq lies with the husband, but the husband may delegate that power to his wife (tafwid); the wife also has the routes of khulʿ, fasakh and taʿliq.
In tafwid, the husband says for example "divorce yourself if you wish"; if the wife promptly replies "I divorce myself", the talaq takes effect. The Prophet ﷺ once gave his wives a choice (the verse of takhyir), and they chose to stay.
In Malaysia, divorce must still go through the court. A wife who wishes to separate usually uses the route of khulʿ, fasakh or taʿliq. See talaq & divorce.
In tafwid, the husband says for example "divorce yourself if you wish"; if the wife promptly replies "I divorce myself", the talaq takes effect. The Prophet ﷺ once gave his wives a choice (the verse of takhyir), and they chose to stay.
In Malaysia, divorce must still go through the court. A wife who wishes to separate usually uses the route of khulʿ, fasakh or taʿliq. See talaq & divorce.
Surah al-Ahzab 33:28Surah al-Ahzab 33:29State Enactments
47Is it a sin for a wife to ask for divorce without reason?
Ya; meminta cerai tanpa sebab yang munasabah dicela keras dalam hadith, tetapi meminta cerai kerana mudarat atau tidak mampu meneruskan perkahwinan adalah dibenarkan.
Nabi ﷺ bersabda bahawa wanita yang meminta cerai daripada suaminya tanpa alasan, haram baginya bau syurga. Namun isteri Thabit bin Qais dibenarkan khuluk kerana dia tidak dapat menunaikan hak suami walaupun suaminya baik.
Sebab munasabah termasuk penganiayaan, nafkah diabaikan, dan ketakutan tidak dapat menegakkan batas Allah. Dapatkan kaunseling sebelum membuat keputusan. Lihat kaunseling.
Nabi ﷺ bersabda bahawa wanita yang meminta cerai daripada suaminya tanpa alasan, haram baginya bau syurga. Namun isteri Thabit bin Qais dibenarkan khuluk kerana dia tidak dapat menunaikan hak suami walaupun suaminya baik.
Sebab munasabah termasuk penganiayaan, nafkah diabaikan, dan ketakutan tidak dapat menegakkan batas Allah. Dapatkan kaunseling sebelum membuat keputusan. Lihat kaunseling.
Riwayat Abu Dawud dan at-Tirmidhi (sahih)Sahih al-Bukhari 5273Surah al-Baqarah 2:229
48The ʿiddah has ended but we want to reunite. What must we do?
After the ʿiddah of a revocable talaq (raj'i) ends (or after khulʿ/fasakh), the couple need a new marriage contract with a wali, two witnesses and a new mahr, as well as the wife's consent.
Allah forbids guardians and others from preventing a woman from returning to her former husband when they agree on reasonable terms. This differs from rujuk during ʿiddah, which needs no contract.
In Malaysia, the new contract is registered like an ordinary marriage through the religious affairs office. Make sure the number of remaining talaq is clear; after three talaq, a new contract is invalid without a marriage to another man first. See rujuk & remarriage.
Allah forbids guardians and others from preventing a woman from returning to her former husband when they agree on reasonable terms. This differs from rujuk during ʿiddah, which needs no contract.
In Malaysia, the new contract is registered like an ordinary marriage through the religious affairs office. Make sure the number of remaining talaq is clear; after three talaq, a new contract is invalid without a marriage to another man first. See rujuk & remarriage.
Surah al-Baqarah 2:232Surah al-Baqarah 2:230
49A polygynous husband divorces one wife: what is the effect on the rotation and maintenance?
A divorced wife is still entitled to maintenance and housing during the ʿiddah of a revocable talaq (raj'i), but no longer has a right to a turn; the rotation is redivided among the remaining wives.
The right of qasm (nightly rotation) is only for wives within the marriage bond. However, a husband may not divorce one wife merely to deny her rights or to make way for a new wife in an unjust way.
A divorced wife is still entitled to mutʿah (consolatory gift), ʿiddah maintenance, jointly acquired matrimonial property and outstanding mahr. See maintenance (nafkah) and fiqh of polygyny.
The right of qasm (nightly rotation) is only for wives within the marriage bond. However, a husband may not divorce one wife merely to deny her rights or to make way for a new wife in an unjust way.
A divorced wife is still entitled to mutʿah (consolatory gift), ʿiddah maintenance, jointly acquired matrimonial property and outstanding mahr. See maintenance (nafkah) and fiqh of polygyny.
Surah at-Talaq 65:1Surah al-Baqarah 2:231Act 303, s.56
50A husband takes his wife back (rujuk) without witnesses and without registering: is it valid?
In Shafi'i fiqh, rujuk by words during the ʿiddah is valid even without witnesses, because witnessing rujuk is recommended (sunat) according to the authoritative view.
The verse at-Talaq 65:2 commands taking two just witnesses, which the majority understand as encouragement. Without witnesses, however, rujuk is hard to prove if there is a dispute, especially if the wife claims the ʿiddah has ended.
In Malaysia, rujuk must be reported and registered. An unregistered rujuk may leave the records showing that you are still divorced. See ʿiddah & rujuk.
The verse at-Talaq 65:2 commands taking two just witnesses, which the majority understand as encouragement. Without witnesses, however, rujuk is hard to prove if there is a dispute, especially if the wife claims the ʿiddah has ended.
In Malaysia, rujuk must be reported and registered. An unregistered rujuk may leave the records showing that you are still divorced. See ʿiddah & rujuk.
Difference among the schools. An old view of al-Shafi'i and one report from the Hanbali school: witnesses to rujuk are obligatory.
Surah at-Talaq 65:2State Enactment
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