Cerai di Luar Mahkamah: a divorce spoken outside court

Cerai di luar mahkamah means the husband pronounces talaq without prior court permission, such as during an argument at home, over a phone call, or through a WhatsApp message.

While such a pronouncement can count as talaq kinayah if the husband’s intent is clear, it is not automatically officially recognised. The couple must report and register this pronouncement with the Syariah Court within a set period, usually seven days, so it can be confirmed.

Failing to do so can lead to an offence and a fine. Until the court confirms it, the marriage is still treated as not legally dissolved for record purposes.

For the full registration steps, read confirmation of a divorce pronouncement, or see divorce abroad if the pronouncement happened while the couple was in another country.