🚪 Divorce, ʿiddah & rujuk · #68
We married but the marriage has not been registered. If the husband pronounces talak, does it take effect?
If the marriage contract was valid under the Shariah, the talak takes effect even though the marriage is unregistered; but both the marriage and the divorce need to be registered or confirmed to protect the wife's and children's rights.
Talak depends on the existence of a valid marriage (al-Baqarah 2:229), not on registration. The problem is that without registration the wife has difficulty claiming maintenance, mut'ah, jointly acquired property and the children's rights. Act 303 provides for registering a marriage solemnised outside the proper procedure once the court is satisfied of its validity with a court order (s.12(2)), possibly with a penalty. Steps: file for confirmation of the marriage and then confirmation of the talak at the Syariah Court; gather evidence of the contract such as witnesses, the officiant and documents from the country where you married. See Unofficial marriages.
Talak depends on the existence of a valid marriage (al-Baqarah 2:229), not on registration. The problem is that without registration the wife has difficulty claiming maintenance, mut'ah, jointly acquired property and the children's rights. Act 303 provides for registering a marriage solemnised outside the proper procedure once the court is satisfied of its validity with a court order (s.12(2)), possibly with a penalty. Steps: file for confirmation of the marriage and then confirmation of the talak at the Syariah Court; gather evidence of the contract such as witnesses, the officiant and documents from the country where you married. See Unofficial marriages.