ENACTMENT NO. 3 OF 1987
ISLAMIC FAMILY LAW ENACTMENT 1987

PART V - DISSOLUTION OF MARRIAGE



Section 51. Ruju'.

(1) If after a divorce which can be ruju' a ruju' takes place by mutual consent, the parties shall report the fact of such ruju' and all relevant particulars to the Registrar of the mukim masjid in which they reside. The Registrar shall make such inquiry as may be necessary and if satisfied that such ruju' has taken place in accordance with Hukum Syara', shall register such ruju' by making an endorsement on the entry in the Register of Divorces and Annulments if the divorce was registered by him, and shall require the parties to deliver to him the relevant Certificate of Divorce and shall issue to them Certificate of Ruju' in the prescribed form. The Registrar shall also deliver a copy of the Certificate of Ruju' to the Chief Registrar who shall make an endorsement on the entry in the Register of Divorces and Annulments kept by him.

(2) Any party to a marriage who does not report the ruju' under subsection (1) to the Registrar within the appointed period commits an offence and shall on conviction be punished with a fine not exceeding one thousand ringgit or with imprisonment not exceeding six months or with both such fine and imprisonment.

(3) If the divorce was not registered by the Registrar, he shall record on the Certificate of Divorce the serial number and particulars of the Certificate of Ruju' and shall forward the Certificate of Divorce to the Registrar by whom the Certificate was issued together with a copy of the Certificate of Ruju' and such other Registrar shall thereupon register the ruju' by making an endorsement on the entry in the Register of Divorces and Annulments. Such other Registrar shall thereupon deliver a copy of the Certificate of Ruju' to the Chief Registrar who shall make an endorsement on the entry in the Register of Divorces and Annulments kept by him.

(4) If a divorce which can be ruju' has taken place without the knowledge of the wife, the husband shall not require or request the wife to cohabit with him without disclosing the fact of divorce and pronouncing a ruju',

(5) If after a divorce which can be ruju', the husband has pronounced a ruju' and the wife has consented to the ruju', she may on the application of the husband be ordered by the Court to resume conjugal relations, unless she shall show good cause in accordance with Hukum Syara' to the contrary, in which case the Court shall appoint a conciliatory committee as provided under section 47 and the provisions of subsection (5) to (15) of that section shall apply accordingly.

(6) Every Registrar shall keep a Register of Ruju' in the prescribed form.




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