54,506 Muslim divorce cases recorded nationwide in nine months

KUALA LUMPUR: A total of 54,506 Muslim divorce cases were registered nationwide in the first nine months of this year, with Selangor recording the highest number.

According to Syariah Department data provided to Berita Harian, 44,603 cases have been resolved, 9,394 remain in proceedings, and 509 were categorised as archived.

Syariah Judiciary Department senior director (judiciary) Abu Suffian Abu Yaziz said cases categorised as resolved include divorces through mutual consent, decisions delivered after trial, and court-ordered dissolutions.

"However, not all resolved cases mean the couple is legally divorced, as applications such as fasakh can be rejected if the grounds provided lack basis and sufficient evidence under syarak," he said.

Archived cases refer to files closed for various reasons, including when applicants withdraw their bid or fail to attend court proceedings despite being summoned, resulting in the matter no longer being categorised as active or resolved.

Selangor recorded the highest number of divorces with 10,872 cases, followed by Johor (6,184), Kedah (4,727), Perak (4,038), Kelantan (4,004), Sabah (3,794), Pahang (3,748), the Federal Territories (3,698), Terengganu (3,663), Negri Sembilan (2,804), Sarawak (2,234), Penang (2,141), Melaka (1,878), and Perlis (721).

The types of divorce cases recorded include applications for pronouncement of talak before a judge (33,070), confirmation of pronouncements made outside the court (16,460), fasakh claims (3,712), taklik (1,161), and tebus talak (103).

Abu Suffian said a lack of awareness regarding domestic responsibilities contributes to marriage breakdowns, despite couples having attended pre-marriage courses.

"Some are not truly prepared to shoulder the commitments after marriage, particularly those relating to maintenance, children's needs, and the role of the head of the family. Upon marrying, they feel it is merely to satisfy personal needs without considering the obligations that must be carried out within the household," he said.

He said the court places emphasis on reconciliation or sulh before any decision is made in accordance with Islamic family law provisions.

Every application is examined under the relevant statutes, including Section 47 of the Islamic Family Law Act/Enactment, taking into account the grounds of the application and syarak compliance.

"The court assesses the grounds of the application to see if they meet the requirements of syarak. In many cases, reconciliation or islah is attempted first through the Conciliatory Committee and Hakam.

"If successful, the couple may reconcile. If not, only then will the court proceed with the next steps, including allowing the pronouncement of talak or rejecting the application," he said, adding that handling divorce cases has become increasingly complex.

The dissolution of a marriage is typically followed by ancillary claims, including iddah maintenance, mutaah, child support, custody or hadhanah, maintenance arrears, and matrimonial property division.

"From the perspective of the Syariah Court, the objective is not merely to dissolve the marriage, but to ensure that the process complies with syarak and the law, and that the rights of all parties are determined fairly, particularly regarding maintenance," he said.

To raise awareness about rights and responsibilities following a divorce, the department, through its Family Support Division, conducts community briefing programmes on marital rights.

Meanwhile, Selangor Chief Syariah judge Nenney Shuhaidah Shamsuddin said the first five years of marriage are among the most challenging periods as couples adjust to domestic life.

"This includes understanding the responsibilities and needs of a spouse. Based on my experience handling divorce cases, couples married between one and five years are among those most frequently facing separation.

"Couples who make it past that period are usually more stable because they have gone through the adjustment phase and begun to understand family life and obligations.

"People say the first five years are the most critical because there is so much to adjust to. Some marry for love, but when that feeling fades, they choose to divorce," she said.

She said divorces also involve senior citizens who separate at age 65, though such cases are far less common than separations early in marriage.

Among the main factors behind divorce are financial problems, followed by communication breakdowns and failure to carry out domestic responsibilities, with third-party interference ranking fourth or fifth.

Nenney Shuhaidah said the influence of social media has compounded the challenges, especially when oversharing about private lives invites external interference or scrutiny.

She said marital preparation should not rely entirely on two-day pre-marriage courses, arguing it should begin earlier through formal education on etiquette, responsibility, and family values.

"Exposure to the roles of husband and wife, parental responsibilities, and household management can be reinforced through school education to help young people understand family commitments before entering marriage.

"Relying on a two-day course alone is simply not enough. Those intending to marry should prepare themselves, but we must also consider how to instil awareness in our youth," she said.