ENACTMENT NO. 1 OF 1983 ISLAMIC FAMILY LAW ENACTMENT 1983
PART IV - DIVORCE
Section 36. Divorce by tebus talak.
(1) If the husband does not agree to pronounce a talak out of his own free will but the parties agree to a divorce by tebus talak, the Court shall, after the amount of payment to be made by the wife has been agreed upon by the parties, advise the husband to pronounce the divorce by tebus talak in accordance with Hukum Syarak and such divorce shall be a Ba'in Sughra and cannot be rujuk. The Court shall record the divorce by tebus talak in an appropriate manner and proceed to register it.
(2) If the amount of payment for the tebus talak is not agreed to by the parties, the Court shall assess the amount in accordance with the status and means of the parties in accordance with the Hukum Syarak.
(3) If the husband does not agree to the divorce by tebus talak or if the husband does not attend before the Court as directed or if the Court is of the opinion that there is a possibility of reconciliation between the parties, the Court shall appoint a Conciliatory Committee as provided for in section 35 and the provisions of subsections (3) to (10) thereof shall apply where appropriate.