Divorce Should Follow Legal Procedures And Be Handled In Respectful Manner - Mohd Na’im

KUALA LUMPUR, Aug 13 (Bernama) -- Muslim couples seeking a divorce have been advised to adhere to the existing legal procedures, said Minister in the Prime Minister's Department (Religious Affairs), Datuk Mohd Na'im Mokhtar.

He explained that the husband or wife must first submit an application to the Syariah court in their place of residence, to assess whether the divorce can be granted.

“Divorce, although permissible, is something that Allah SWT hates. Couples should aim to reconcile and seek ways to resolve their issues. If divorce is unavoidable, it should be approached in a respectful manner,” he said.

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He added that the initial step involves filing an application with the religious department, which includes a counselling unit to assist with reconciliation efforts.

“If reconciliation efforts fail, an application must then be made to the Syariah Court under Section 47 of the Islamic Family Law Enactment to seek permission for divorce. The final decision rests with the Syariah judge,” he explained, after officiating the opening of Surau Al-Marjan at Sekolah Menengah Kebangsaan Batu Muda, today.

He was commenting on the issue of singer, Datuk Nora Ariffin, 51, whose real name is Wan Norafizah Ariffin, who was divorced by her husband, Dr Rushdi Ramli, through a video clip, which went viral on social media yesterday.

Regarding the validity of the divorce pronouncement, Mohd Na'im explained that Section 57 of the Islamic Family Law Enactment allows the court to validate a divorce declared outside the court.

“However, such a divorce incurs a penalty of RM1,000 or imprisonment for up to six months or both. Although it is legally recognised, a divorce declared outside the court violates existing regulations, as it lacks approval from a Syariah judge,” he said.

He urged all Muslims to adhere to the established Syariah rules and laws.

“Permission from the court is necessary so that if one party (husband or wife) disagrees with the divorce, or is unaware of the other's faults, the matter can be reviewed in court. The court can then assess the issues in the marriage, and potentially facilitate reconciliation,” he added.

-- BERNAMA