ENACTMENT NO. 12 OF 1985
ADMINISTRATION OF ISLAMIC FAMILY LAW ENACTMENT 1985

PART V - DISSOLUTION OF MARRIAGE



Section 48. Resumption of conjugal relationship or ruju’.

(1) In this section "revocable divorce" means a divorce by one or two talaq not followed by completion of 'iddah, and "recohabit" means resume conjugal relations within the period before the divorce has become irrevocable.

(2) If, after a revocable divorce, the husband pronounces a ruju' by mutual consent, the husband shall within seven days report the fact of ruju' and other relevant particulars to the Registrar for the mukim in which the husband resides at the time of reporting.

(3) The Registrar shall make such inquiry as may be necessary and, if satisfied that ruju' has taken place in accordance with Hukum Syara', shall register the ruju' by endorsement upon the entry relating to that divorce in the Register of Divorces and Annulments, if the divorce was registered by him, and shall require the parties to deliver to him the relevant certificates of divorce and shall issue to them certificates of ruju' in the prescribed form.

(4) The Registrar shall also deliver a copy of the certificate of ruju' to the Chief Registrar who shall register the ruju' by endorsement upon the entry relating to that divorce in the Register of Divorces and Annulments kept by him.

(5) A husband who fails to report the fact of ruju' as required by subsection (2) commits an offence and shall be punished with a fine not exceeding five hundred ringgit or with imprisonment not exceeding six months or with both.

(6) If the divorce was not registered by the Registrar to whom the report under subsection (2) is made, he shall record on the certificates of divorce the serial number and particulars of the certificates of ruju' and shall forward the certificates of divorce to the Registrar by whom they were issued together with a copy of the certificates of ruju', and the other Registrar shall thereupon register the ruju' by endorsement upon the entry relating to that divorce in the Register of Divorces and Annulments and shall deliver the copy of the certificates of ruju' to the Chief Registrar who shall register the ruju' by endorsement upon the entry relating to that divorce in the Register of Divorces and Annulments kept by him.

(7) If a revocable divorce has taken place without the knowledge of the wife, the husband shall not require or request the wife to recohabit with him without disclosing to her the fact of the divorce.

(8) If after a revocable divorce, the husband pronounces a ruju' and the wife has consented to the ruju', she may, on the application of the husband, be ordered by the Court to resume conjugal relations, unless she shows good cause to the contrary, according to Hukum Syara', in which case the Court shall appoint a conciliatory committee as provided under section 44 and that section shall apply accordingly.

(9) If after a revocable divorce the husband pronounces a ruju' but the wife has not consented to the ruju' for reasons allowed by Hukum Syara', she shall not be ordered by the Court to resume conjugal relations, but the Court shall appoint a conciliatory committee as provided under section 44 and that section shall apply accordingly.




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