Talaq
This is a separation pathway that only a husband can initiate. So if you and your partner mutually agree to separate and have drafted a separation agreement, this is the simplest option.
Mutual talaq is also the fastest and cheapest approach to move towards the next steps in life; just be aware that the process may differ slightly from state to state. Timeline can range from 6 months to 1 year.
Talaq is very flexible, as it can also be used in a non-mutual separation. Again, this can only be initiated by the husband. A non-mutual talaq may be where you and your partner have not agreed on a separation agreement and want the court to decide on your behalf.
Download our Questionnaire and fill it out. Use it as a reference for you and your partner to reflect on the best path for yourselves and your family.
The process to mutually separate with talaq is simple
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. Agreement on separation of assets, family, mut'ah and where applicable, nafkah iddah and maintenance.
You may need other documents that support your declaration form.
4 Divorce order is issued at court
In court, one talaq is pronounced by the husband. The court will confirm this.
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A divorce order is then given by the court to be used for divorce registration.
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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 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 divorce registration process online, others not.
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Payment of the divorce registration will also vary according to your state.
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3 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.
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Check with your state what documents to bring.
6 The separation is finalized
The divorce will be registered and a divorce certificate will be issued, usually within 1 month.
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Your separation is now official.
Syariah separation is governed at the state level in Malaysia. This means that the law and process followed differ from state to state.
Some states practice using the Islamic Family Law Act (IFLA) 1984 for the Federal Territories as a basis, others make their own amendments and practice differently.
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Jabatan Agama Islam Negeri in your state may also follow a different process for the registration of divorce.
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So, it's best to use a lawyer or somebody who understands the state specific rules and processes. If you submit the incorrect documents your case will most likely be delayed.
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More importantly, if you and your partner are mutually separating, let your lawyer go through your separation agreement. This way you know that it is legally binding and that in the future, nobody can claim otherwise.
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This is particularly important if you have children, payment plans or a large asset pool. Legal costs can range from RM 3,000 and upwards, depending on your unique situation.
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If your talaq separation is not mutual, the process changes
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, family, mut'ah and where applicable, nafkah iddah 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.
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Check with your state what documents to bring.
7 Divorce order is issued at court
Based on the outcome of the conciliation committee, the court will ask the husband to pronounce one talaq.
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A divorce order is then given by the court to be used for divorce registration.
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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 Attend the conciliatory committee
If the court believes there is a chance of reconciliation, or if both parties do not agree to separate, they will appoint a conciliatory committee for you both to attend.
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This is also known as Jawatankuasa Pendamai (JKP).
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 divorce registration process online, others not.
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Payment of the divorce 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 Relationship is unreconcilable
If the committee cannot reconcile the relationship between you and your partner, they will issue you an official certificate.
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They will also recommend a separation agreement for your assets, children, mut'ah, nafkah iddah, maintenance and other related items.
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If you reconcile, the divorce application will be dropped.
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9 The separation is finalized
The divorce will be registered and a divorce certificate will be issued, usually within 1 month.
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Your separation is now official.
The conciliatory committee acts in your best interest
It consists of a religious officer as a chairman, and two representatives, one for you and one for your partner.
Your representatives must be either family members, or if the committee allows it, trusted close friends.
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Within 6 months of the court issued committee order, they must come to an agreement on if you and your partner can be reconciled, or if not, provide a recommendation on the terms of separation.
During the conciliatory committee sessions, you and your partner are able to express your thoughts and opinions.
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No lawyers or non-family representation is allowed throughout this process.
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Over the 6 months, the committee will discuss and negotiate with you to try and achieve a satisfactory outcome for everyone. This includes proposing solutions for assets, children, mut'ah, nafkah iddah and maintenance.
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If you eventually reconcile, the divorce application will be dismissed by the court.
We want to get back together after talaq!
If talaq has only been said twice during your marriage, then ruju is possible within the 3 month iddah period.
If the iddah period has ended, then ruju is not possible.
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If you ruju, you must report within 7 days to Jabatan Agama Islam Negeri, who will issue a certificate of cohabitation and register your reconciliation.
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If both parties do not agree to ruju, then once more a conciliatory committee will be appointed to attempt a reconciliation.
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If talaq has been said three times, then reconciliation under ruju is not possible. You will need to remarry once more, but only after your wife has married someone else and separated from them.
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You should consult your religious advisor for more detailed guidance on your unique situation.
Be aware.
Talaq cannot be said outside court!
Under law, this is an offence which can lead to fine or imprisonment.
In order to protect the wife in a marriage, any pronouncement of talaq must be officially made by following the court process of talaq.
If a husband has pronounced talaq outside of the court process, the official process can be initiated by the wife within 7 days.