1. Procedure for TALAQ as in Section 47 of the Islamic Family Law (Fed Territories) Act
Application to Syariah Court
- Submits particulars such as reason for desiring divorce
Court will summon the other party for appearance and inquiry purpose.
Section 47(3) : Section 47(5) :
Both parties agree, court will ask husband to When party do not agree, court will appoint
pronounce talaq. conciliatory committee.
Section 47(13): Section 47(11) :
Reconciliation effective, application Committee unable to affect reconciliation,
dismissed. court will advise husband to pronounce talaq.
Husband agrees, one talaq is effected. Section 47(14) :
Husband refuses, court refer to HAKAM.
Section 48(5) : FIRST HAKAM
If empowered, can affect divorce. (Hanafi
and Shafii Schools).
Difference between
Conciliatory Committee AND HAKAM
- Main power : - Main power : Section 48(5) : SECOND HAKAM
reconciliation reconciliation with
further power to HAKAM can affect divorce. (Maliki School)
pronounce talaq
- Earlier stage - Later/sequel stage
By – AHMAD FAROUQ