Ta’liq means a promise expressed by the husband after the solemnization of marriage in accordance with hokum syara’, and the statutory provisions. However various definitions of ta’liq are found under other state enactment since enactment for every state are different to another state.
BASIS OF TA’LIQ:
Sura AL-Maidah verse 1
Classification of ta’liq:
First
Ta’liq made upon solemnization of marriage (statutory ta’liq)
Ta’liq certificate is issued by the registrar in the prescribed form to each of the parties to the marriage.
Application for divorce pursuant to ta’liq certificate:
A married Muslim woman may if entitle to a divorce pursuant to terms of a ta’liq certificate made upon the solemnization of a marriage, apply to the court to declare that such divorce has taken place. The court must examine the application and make an inquiry into the validity of the divorce and must if satisfied that the divorce is valid according to hokum syara’ confirm and record the divorce and send a certified copy to the Chief of Registrar for Registration.
Second
Ta’liq made at any time after the solemnization of marriage
There is no prescribed form for this ta’liq. But, the ta’liq should take a form to the effect that the wife will become divorced upon the occurrence of the contingency specified in the declaration.
Procedure for application
The procedure for an application to the court for a declaration that divorce has taken place by ta’liq made at any time after the solemnization of marriage is similar to that for ta’liq certificate .
Ground for application
An application for ta’liq made at any time after the solemnization of marriage can be based on any of the following ground: time, act, oath omission, pregnancy or menstrual period.
EFFECT OF TA’LIQ
The effect of ta’liq whether statutory or otherwise depends on the terms used in the promise or declaration.
ABSENCE OF THE HUSBAND (EX PARTE)
An application of the court for a declaration that the divorce has taken place by ta’liq may be made in the presence of the husband or in his absence. If the husband is absent during such application the wife must support her claim with the evidence of two witnesses and yamin al-istizhar before the judge.
Trial in the absence of the husband will only be allowed if the court is satisfied that the summons has been duly served on the husband, either by way of personal service or substituted service. In some states, divorce by ta’liq may be granted by way of khulu’ that is where the wife is requested to par RM 1 and the court accept it on behalf of the husband where the court is satisfied with ta’liq application the court will give judgment by declaring that a divorce by one talaq had been effected.
