Procedure for Talaq as in section 47 of the ISLAMIC family law

1. Procedure for TALAQ as in Section 47 of the Islamic Family Law (Fed Territories) Act
Application to Syariah Court
- Submits particulars such as reason for desiring divorce
Court will summon the other party for appearance and inquiry purpose.
Section 47(3) : Section 47(5) :
Both parties agree, court will ask husband to When party do not agree, court will appoint
pronounce talaq. conciliatory committee.
Section 47(13): Section 47(11) :
Reconciliation effective, application Committee unable to affect reconciliation,
dismissed. court will advise husband to pronounce talaq.
Husband agrees, one talaq is effected. Section 47(14) :
Husband refuses, court refer to HAKAM.
Section 48(5) : FIRST HAKAM
If empowered, can affect divorce. (Hanafi
and Shafii Schools).
Difference between
Conciliatory Committee AND HAKAM
- Main power : - Main power : Section 48(5) : SECOND HAKAM
reconciliation reconciliation with
further power to HAKAM can affect divorce. (Maliki School)
pronounce talaq
- Earlier stage - Later/sequel stage
By – AHMAD FAROUQ