🚪 Divorce, ʿiddah & rujuk · #3
My 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.