Islamic Family Law Act · s 48

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s 48Cerai tebus talaq

(1)

Where the husband does not agree to voluntarily pronounce a talaq, but the parties agree to a divorce by way of cerai tebus talaq (khulu’), the Court shall, after the amount of payment of tebus talaq is agreed upon and settled by the party for the wife, order the husband to pronounce a divorce by way of cerai tebus talaq and such divorce is baain sughra

(irrevocable).

(2)

Where the amount of the payment of tebus talaq is not agreed upon by the parties, the Court may assess the amount in accordance with

Hukum Syara’, having regard to the status and financial means of the parties and to the mas kahwin. If the Court has fixed the amount of tebus talaq and the Court has ordered the husband to pronounce talaq and the husband is unwilling to do so, the Court may order the talaq.

(3)

The Court shall record the cerai tebus talaq accordingly and deliver a certified copy of the record to both the relevant Registrar and the

Chief Registrar for registration.