Section 48. Ruju'. (ISLAMIC FAMILY LAW ENACTMENT 1984

ENACTMENT NO. 13 OF 1984
ISLAMIC FAMILY LAW ENACTMENT 1984

PART V - DISSOLUTION OF MARRIAGE

Section 48. Ruju'.

(1) (a) If after a divorce which can be ruju' and such ruju' taken 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 enquiry 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 of the Register of Divorces and Annulments kept by him;

(b) Any party to a marriage who does not report the

ruju'

to the Registrar within the appointed time shall on conviction be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both.

(2) 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 shall thereupon send a copy of the Certificate of Ruju' to the Chief Registrar, who shall not require or request the wife to cohabit with him without disclosing the fact of divorce and pronouncing a ruju'

(4) 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 in section 44 and the provisions of subsections (5) to (15) of that section shall apply accordingly.

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