ENACTMENT 3
ISLAMIC FAMILY LAW (STATE OF PENANG)
ENACTMENT 2004

PART V - DISSOLUTION OF MARRIAGE



Section 52. Resumption of conjugal relationship or ruju’.


(1) In this section “revocable divorce” means a divorce by one or two talaq which is not followed by completion of ‘iddah; and “recohabit” means to resume conjugal relations within the period before the divorce has become irrevocable.

(2) If, after a revocable divorce, recohabitation takes place by mutual consent, the parties shall within seven days report the fact of recohabitation and other relevant particulars to the Registrar for the kariah masjid in which they are resident.

(3) The Registrar shall make such inquiry as may be necessary and, if satisfied that recohabitation has taken place in accordance with Hukum Syarak, shall register the recohabitation by endorsement upon the entry relating to that divorce in the Register of Divorce, if the divorce was registered by him, and shall require the parties to deliver to him the relevant certificates of divorce and shall issue to them certificates of recohabitation in the prescribed form.

(4) The Registrar shall also deliver a copy of the certificate of recohabitation to the Chief Registrar who shall register the recohabitation by endorsement upon the entry relating to that divorce in the Register of Divorce kept by him.

(5) Any party to a marriage who fails to report the fact of recohabitation as required by subsection (2) commits an offence and shall be punished with a fine not exceeding five hundred ringgit or with imprisonment not exceeding six months or with both such fine and imprisonment.

(6) If the divorce was not registered by the Registrar to whom the report under subsection (2) is made, he shall record on the certificates of divorce the serial number and particulars of the certificates of recohabitation and shall forward the certificates of divorce to the Registrar by whom they were issued together with a copy of the certificates of recohabitation, and the other Registrar shall thereupon register the recohabitation by endorsement upon the entry relating to that divorce in the Register of Divorce and shall deliver the copy of the certificate of recohabitation to the Chief Registrar who shall register the recohabitation by endorsement upon the entry relating to that divorce in the Register of Divorce kept by him.

(7) If a revocable divorce has taken place without the knowledge of the wife, the husband shall not require or request the wife to recohabit with him without disclosing to her the fact of the divorce.

(8) If after a revocable divorce the husband pronounces 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 shows good cause to the contrary, according to Hukum Syarak, in which case the Court shall appoint a conciliatory committee as provided under section 47, and that section shall apply accordingly.

(9) If after a revocable divorce the husband pronounces a ruju’ but the wife has not consented to the ruju’ for reasons allowed by Hukum Syarak, she shall not be ordered by the Court to resume conjugal relations, but the Court shall appoint a conciliatory committee as provided under section 47, and that section shall apply accordingly.



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