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Wednesday, April 20, 2011

Macam Mane Nak Mintak Cerai Dari Suami! (Eng Vers)





There are three ways for a wife to get the divorce with her husband. There are by way of Kholo, Ta’liq and Fasakh.

A kholo divorce is affected by means the wife offers compensation out of her property for the release of marital obligations and the husband accepts it. In hadith by Ibn Abbas: where the wife of Thabit came to Holy Prophet and asking that she and Thabit cannot live together, then the Prophet said to Thabit to divorce her.

According to Section 49 of the Islamic Family Law (Federal Territories) Act 1984, where the husband does not agree to voluntarily pronounce a talaq, but the parties agree to a divorce by redemption, the court shall... cause the husband to pronounce a divorce by redemption...

The wife can ask for kholo provided that the court satisfied that the ground of incompatibility of temperament will cause the wife not be able to perform her obligations. In the case of Che Pah v Siti Rahmah, the wife refused to cohabit with her husband because the husband was a gambler and drunkard and did not pray. The court appointed Hakam and the agreement for kholo was obtained and the husband divorced the wife on payment of RM100.

Another way for asks the divorce is by Fasakh, which is by dissolution or rescission of marriage contract by judicial decree. According to surah al-Baqarah verse 229, “the parties shall either hold together on equitable terms or separate with kindness. In Malaysia only wife can ask for fasakh, stated in section 52 of the Islamic Family Law Act (Federal Territories); a woman married in accordance with Hukum Syara’ shall entitled to obtain an order for the dissolution of marriage if s52 (1) (e) the husband was impotent at the time of marriage and remains so and she was not aware at the time of the marriage that he was impotent.
Ta’liq. According to the Holy Quran, surah al-Maidah verse 1: “Oh you who believe! Fulfill all obligations”. As stated in Section 50 (1) of the Islamic Family Law Act (Federal Territories); A married women may, if entitled to a divorce in pursuance of the terms of ta’liq certificate made upon a marriage, apply to the Court to declare that such divorce has taken place. In the case of Rokiah v Mohamed the wife claimed cerai ta’liq as the husband had not given her maintenance. After hearing the wife and her witnesses and the husband the court gave judgment in favour of the wife and decreed a divorce by one talaq
(klu faham baguih kalau tak gune GOOGLE TRANSLATOR.. maybe grammar byk salah nih.. huhuhu)
(p/s: sila rujuk mereka yang lebih arif.. this is just an idea about divorce, PLEASE DONT PRACTICE IN YOUR LIFE... huuhu sian kat suami anda!)  

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