Malaysia talaq (Islamic divorce) is governed by state-level Islamic Family Law enactments

Malaysia operates a dual legal system; talaq (Islamic divorce) is governed by state-level Islamic Family Law enactments and handled exclusively by the Syariah Courts. The primary legal act for the Federal Territories is the Islamic Family Law (Federal Territories) Act 1984, which is available in English.

Overview of Talaq in Malaysia

Talaq is a form of divorce initiated by the husband, often by pronouncing the divorce (talaq).
The process must generally occur within the Syariah Court to be officially recognized and registered, even if the pronouncement was made outside of court. Unregistered divorces may be subject to penalties.
The law encourages reconciliation through mandatory counseling sessions, and if that fails, the court may appoint a conciliatory committee (Hakam) to find a solution before the divorce is finalized.

Types of Talaq and Related Islamic Divorces

Malaysian law recognizes several types of Islamic divorce:

Talaq: The husband’s pronouncement of divorce.
- Talaq Raj’i (Revocable): The first or second pronouncement of talaq. The husband and wife can reconcile (ruju’) during the iddah (waiting period, usually three menstrual cycles) without a new marriage contract.
- Talaq Bain (Irrevocable): The third pronouncement of talaq. After this, the couple cannot remarry unless the wife first marries another man, the marriage is consummated, and then dissolved. This acts as a deterrent to rash repudiations.
Ta’liq: Divorce based on a specific condition stipulated by the husband in the marriage contract. A breach of this condition gives the wife the right to apply for a divorce in the Syariah Court.
Khulu’ (Redemption Divorce): A wife-initiated divorce where she offers financial compensation (often returning the mahr or dowry) to the husband in exchange for him pronouncing talaq.
Fasakh: Judicial annulment initiated by the wife through the Syariah Court due to specific circumstances, such as abuse, desertion, or the husband’s failure to provide maintenance.

Ancillary Rights

Upon divorce, the Syariah Court also handles related matters:

Iddah: A mandatory waiting period for the wife, during which she generally cannot remarry and the husband is typically responsible for her maintenance and accommodation.
Maintenance: The former husband has an obligation to provide maintenance for the ex-wife during iddah and for the children. The Family Support Division can help enforce court orders for maintenance arrears.
Child Custody (Hadhanah): The mother generally has the primary right to custody of young children (e.g., under age seven for boys, nine for girls), with the father retaining financial responsibility.
Matrimonial Property: The court can order the division of jointly acquired assets, taking into account the contributions (financial and non-financial) of each spouse.
Mut’ah: A consolatory gift or payment from the ex-husband to the ex-wife if the divorce was not her fault.

For detailed information on the specific state laws, you can refer to the relevant state religious departments or legal resources like the WCC Penang or the Malaysian government’s portal.

Haq (2025) is a Hindi courtroom drama starring Yami Gautam and Emraan Hashmi, directed by Suparn Verma, inspired by the landmark Shah Bano case, depicting a woman’s fight for maintenance after divorce, sparking debate on gender rights and religious law in 1980s India, and is available on Netflix. A separate, earlier Malaysian film also titled Haq (2010) is a fantasy action movie about brothers with powers.

Haq (2025) – Bollywood Courtroom Drama

Inspiration: The true story of Shah Bano, a Muslim woman seeking maintenance from her ex-husband, a case that challenged personal laws and gender equality in India.
Plot: Follows Shazia Bano (Yami Gautam) as she takes her husband (Emraan Hashmi) to court for abandoning her and their children, leading to a national debate.
Themes: Women’s rights, secular law vs. personal law, faith, and social reform.
Cast: Yami Gautam Dhar, Emraan Hashmi, Sheeba Chaddha.
Director: Suparn Verma.
Where to Watch: Netflix.

You can watch the trailer for the 2025 Bollywood film *Haq* here: