ENACTMENT NO. 1 OF 1966 SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966
PART III - MARRIAGE AND DIVORCE
Section 75. Resumption of conjugal relationship.
(1) In this section "revocable divorce" means a divorce by one or two talak not followed by such a lapse of time as to render it irrevocable, and "recohabit" means resume conjugal relations, within the period before the divorce has become irrevocable.
(2) If after a revocable divorce recohabitation takes place by mutual consent, the parties shall within seven days report the fact of such recohabitation and all relevant particulars to the Registrar of the mukim in which they reside. The Registrar shall make such enquiry as may be necessary and, if satisfied that recohabitation has taken place in accordance with Hukum Shara', shall, upon payment of the prescribed fees, register such recohabitation by endorsement upon the counterfoil of the certificate of the divorce, if such 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 recohabitation in the prescribed form. Anyone who fails to report the fact of such recohabitation to such Registrar shall be liable to a fine not exceeding $50 or 14 days imprisonment.
(3) If the divorce was not registered by that Registrar, he shall record on the certificates of divorce the number and particulars of the certificates of recohabitation and shall forward the certificates of divorce to the Registrar by whom the same were issued, and such other Registrar shall thereupon register the recohabitation by endorsement in like manner.
(4) 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 such divorce.
(5) The husband before pronouncing a "rojok" shall first seek to obtain consent to pronounce "rojok" from his wife.
(6) Any husband who pronounces "rojok" without first seeking to obtain the consent from his wife, shall be guilty of an offence and shall be liable to a fine not exceeding $500 or to an imprisonment not exceeding six months.
(7) If after a revocable divorce the husband has pronounced a "rojok"-
(a) if the wife has consented to the rojok, she may on the application of the husband be ordered by a Kadhi to resume conjugal relations, unless she shall show good cause in accordance with Hukum Shara' to the contrary in which case the, Kadhi shall appoint Hakam as provided in Section 74.
(b) if the wife has not consented to the rojok, she shall not be ordered by the Kadhi to resume conjugal relations, but on, her application the Kadhi may require her husband to divorce her and on his refusal shall appoint Hakam as provided in section 74.