🧭 Region & Middle East · #56

An Indonesian wife wants to divorce in Indonesia. Is a husband's talak outside court recognised there?

No. In Indonesia, divorce can only take place before a court hearing after reconciliation fails; a talak outside the Religious Court is not registered and does not change official status.
Law (UU) No. 1 of 1974, Article 39 sets this principle. For Muslims, the husband applies to the Religious Court for permission to pronounce talak (cerai talak), while the wife files a divorce suit (cerai gugat), including khulʿ or for breach of the taʿliq. The grounds for divorce are set out in Government Regulation (PP) No. 9 of 1975, Article 19 and the Compilation of Islamic Law (KHI), Article 116. After the judgment, the parties receive a divorce certificate, and ʿiddah, mutʿah, child maintenance and custody are decided. Cross-border couples must make sure the divorce is recognised in both countries; consult a lawyer in Malaysia and an advocate in Indonesia. See Indonesia.

Sources

Law (UU) No. 1 of 1974, Article 39Government Regulation (PP) No. 9 of 1975, Article 19Compilation of Islamic Law (KHI), Article 116

← PreviousA Malaysian wants to marry in Brunei. What should be taken into account?Next →We married in southern Thailand and the marriage was also registered civilly. If we divorce, is a talak before the imam enough?

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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