Bismillah hirRahman nirRahim (In The Name of God, The Most Merciful, The Most Compassionate)
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4 Steps To A Successful Syariah Divorce Procedure
Step 1: File an application for divorce
Step 2: Attend counselling programme
Both you and your spouse have to attend counselling under the Marriage Counselling Programme to ensure that you are certain that you wish to proceed with the divorce. If there are children of the marriage, you and your spouse must also attend a parenting programme to prepare you and your spouse to make arrangements to care for the children.
After attending counselling, if you are still keen on getting a divorce, you will be required to file the Originating Summons and Case Statement at the Syariah Court.
Step 3: Attend the mediation at the Syariah Court
Next, you and your spouse will have to attend mediation to discuss issues relating to the divorce and other ancillary issues. These ancillary issues include the payment of nafkah iddah and mutaah, the division of matrimonial property and the custody of children. If both you and your spouse reach an agreement at the mediation, the Syariah Court will grant the divorce. However, if an agreement is not reached, the matter is fixed for a pre-trial conference followed by a trial.
Step 4: Attending the pre-trial conference and trial
The pre-trial conference is meant to give parties and their lawyers directions for the trial. This conference is compulsory for both parties and their lawyers. Finally, the Court will then consider both you and your spouse’s wishes for the divorce along with the ancillary matters, and decide on an appropriate ruling.