Ta'liq
Ta'liq is a separation path that is only applicable for woman. The grounds are based on the ta'liq read out loud at the time of marriage between husband and wife.
Normally this relates to maintenance not being paid, your husband leaving you or causing you physical harm.
Be aware that grounds for ta'liq is once again governed at the state level. For more specific cases, you will need to find legal advice.
Use our Questionnaire to start this process with an advisor.
You have support if you are in danger
Please go to any government hospital. You may also file a police report at their One Stop Crisis Centre (OSCC)
Some of the more common periods for ta'liq grounds vary from state to state
Desertion/Maintenance unpaid
Johor
Kelantan
Malacca
Negeri Sembilan
Pahang
Penang
Perak
Selangor
Terengganu
Wilayah Persekutuan
4 months
6 months
4 months
4 months
4 months
4 months
3 months
4 months
4 months
4 months
Filing for ta'liq is similar to both talaq and fasakh
1 Complete your declaration details
This is performed at the court in your state.
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Some items include:
1. Details of marriage.
2. Details of children.
3. Reasoning for separation
4. Proposal on separation of assets, mu'tah, nafkah iddah, family and maintenance.
You may need other documents that support your declaration form.
4 Make your court appearance
Usually this is scheduled for less than 1 month after you give your declaration and application form to the court.
At this point, you and your partner can represent yourselves in front of the judge and state your case.
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The judge will then decide on a trial date where they can assess your case in detail.
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Check with your state what documents to bring.
7 Divorce order is issued at court
If the breach of ta'liq can be proven in court, the judge will ask your husband to pronounce one talaq. The court will confirm this.
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A divorce order is then given by the court to be used for divorce registration.
2 Submit your application form
This is performed at the court along with your declaration form.
You will also need to pay a application fee which depends on the state that you are in.
5 Prepare trial documents
There is a 1 month period for both sides to prepare their trial documents.
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This can include:
1. Statement of claim.
2. Statement of defence.
3. Documentation related to proof of ta'liq. This can be the ta'liq agreement itself.
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Be aware, ta'liq requires witnesses to testify that they heard the promises given at the marriage.
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You will need a lawyer to help you at this stage.
8 Register the divorce
In order to register your divorce, the divorce order must be submitted to Jabatan Agama Islam Negeri in your state.
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Some states have their documents and registration process online, others not.
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Payment of the registration will also vary according to your state.
3 Respond to your court summons
If your partner is the one filing the application for separation, the court will summon you to take part in their enquiry on the separation application.
6 Attend the trial
At the trial, the judge will make a decision based on the evidence shown in the trial documents.
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In principal, a trial aims to be complete within 3 months of being initiated.
9 The separation is finalized
The divorce will be registered and a certificate will be issued, usually within 1 month.
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Your separation is now official.
You can still ruju under a ta'liq separation!
This is because the court asks your husband to pronounce talaq as the separation mechanism.
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So, as long as it is not the third talaq in your marriage, and you are still within the iddah period, reconciliation is possible.
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Remember to re-register yourself within 7 days!
