ENACTMENT NO. 8 OF 1982
THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982


PART IV - MARRIAGE, DIVORCE AND RUJUK



Section 79. Syikak.

(1) If after hearing a complaint, a Kadi's Court is satisfied that quarrels between a husband and wife always take place, the Court may appoint, according to Hukum Syara', one Hakam for the husband and another for the wife.

(2) The Kadi may give directions to the Hakams on the procedure by which to conduct the negotiation and they shall abide by those directions. If the Hakams do not agree with each other or if the Kadi shall not be satisfied with the manner they conduct the negotiation the Kadi may dismiss them and appoint new Hakams.

(3) The Hakams shall attempt to obtain full powers from their respective parties to enable them to make a divorce order and if divorce is pronounced, it shall be reported to the Kadi for registration.

(4) If in the opinion of the Hakams the parties ought to have a divorce but there are grounds which prevent them from pronouncing the divorce, they shall then report the matter to the Kadi. Upon receiving the report, the Kadi shall appoint new Hakams and the two parties shall give them the powers to settle the issue by way of reconciliation, divorce or bertebus talak.

(5) Any of the parties who fails to give the powers to the respective Hakams without reasonable excuse commits an offence and may be punished under section 155.

(6) On being found quality and punished under section 155 of this Enacment, the husband still does not divorce his wife, the Court shall then have the power to divorce them.




Copyright © PNMB-LawNet. All rights reserved.