ENACTMENT NO. 6 OF 2002
ISLAMIC FAMILY LAW ENACTMENT 2002
PART V - DISSOLUTION OF MARRIAGE
Section 49. Divorce by khul' or cerai tebus talaq
(1) Where the husband does not agree to voluntarily pronounce a talaq, but the parties agree to a divorce by redemption or cerai tebus talaq, the Court shall, after the amount of the payment of tebus talaq is agreed upon by the parties, cause the husband to pronounce a divorce by redemption, and such divorce is ba-in sughra or irrevocable.
(2) The Court shall record the cerai tebus talaq accordingly and send a certified copy of the record to the appropriate Registrar and the Chief Registrar.
(3) Where the amount of the payment of tebus talaq is not agreed upon by the parties, the Court may assess, in accordance with Hukum Syarak, the amount, having regard to the status and the means of the parties.
(4) Where the husband does not agree to a divorce by redemption or does not appear before the Court as directed or where it appears to the Court that there is a reasonable possibility of a reconciliation, the Court shall appoint a conciliatory committee as provided under section 47 and that section shall apply accordingly.
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