ENACTMENT No. 1 Of 1984
ISLAMIC FAMILY ENACTMENT 1979

PART V - DISSOLUTION OF MARRIAGE



Section 41. Divorce by redemption or tebus talak.

(1) If the husband does not agree to pronounce talak voluntarily but both spouses agree to divorce by way of redemption or cerai tebus talak the Court shall, after the amount of redemption has been agreed upon, direct the husband to pronounce a divorce by redemption and the divorce is a ba'in. The Court shall record this divorce by redemption accordingly and subsequently send a certified copy of the record to the relevant Registrar and Chief Registrar for registration.

(2) If the amount of redemption is not agreed upon by the parties, the Court may assess the amount basing on the status and the financial standing of the parties.

(3) If the husband does not agree to a divorce by redemption or if the husband does not appear before the Court as directed or if the Court is of the opinion there is a reasonable possibility of a settlement, the Court shall comply with the provisions of section 40.




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