Section 52
Section 52
(1)
Where, after a talaq raj’ie and within an ‘iddah period, a husband and wife have ruju’, they shall register, in the prescribed form, the ruju’ and other relevant particulars to the Registrar for the area in which they are bermastautin, within 14 days from the ruju’.
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(2)
The Registrar shall make such inquiry as may be necessary and, if satisfied that the ruju’ has taken place in accordance with Hukum Syara’, shall register the ruju’ by endorsement upon the entry relating to that divorce in the Register of Divorces, Annulments and Ruju’, if the divorce was registered by him; and shall require the parties to deliver to him the relevant certificates of divorce and shall on payment of the prescribed fee issue them Ruju’ Cerificate in the prescribed form.
(3)
The Registrar shall also deliver a copy of the Ruju’ Certificate to the Chief Registrar who shall register the ruju’ by endorsement upon the entry relating to that divorce in the Register of Divorces, Annulments and
Ruju’ kept by him.
(4)
Any party to a marriage who fails to register the ruju’ as required by subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $1,000, imprisonment not exceeding 3 months or both.
(5)
Where the divorce was not registered by the Registrar to whom the report under subsection (1) is made, he shall record on the certificates of divorce the serial number and particulars of the Ruju’ Certificates and shall deliver the certificates of divorce to the Registrar by whom they were issued, together with a copy of the Ruju’ Certificate, and the latter Registrar shall thereupon register the ruju’ by endorsement upon the entry relating to that divorce in the Register of Divorces, Annulments and Ruju’ kept by him and shall deliver the copy of the Ruju’ Certificate to the Chief Registrar who shall register the ruju’ by endorsement upon the entry relating to that divorce in the Register of Divorces, Annulments and Ruju’ kept by him.
(6)
Where a talaq raj’ie has taken place without the knowledge of the wife, the husband shall not request the wife to ruju’ without disclosing the divorce to her.
(7)
Where after a talaq raj’ie 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 reasonable grounds to the contrary, in accordance with Hukum
Syara’ and, if this is the case, the Court may refer the case to the Family
Advice Service Officer.
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(8)
Where after a talaq raj’ie the husband pronounces a ruju’ and the wife has not consented to the ruju’ for reasons allowed by Hukum
Syara’, she shall not be ordered by the Court to resume conjugal relations, but the Court may refer the case to the Family Advice Service Officer.
Presumption of death.