Determination of the value of talak redemption by the ḥakam in divorce cases at the Shariah court

Abstract

The determination of the value of talak redemption by the Ḥakam in divorce cases in Malaysia is an important issue that requires greater clarity, particularly in the context of Shariah Court practice. This study examines the determination of the value of talak redemption by the Ḥakam in divorce proceedings before Malaysian Shariah Courts. The determination of the talak redemption amount by the Ḥakam raises practical concerns due to the lack of clear and consistent guidelines, potentially leading to uncertainty and inconsistency in implementation. Accordingly, this study aims to examine the concept of talak redemption in Islam, analyse the role of the Ḥakam in determining its value, and propose an appropriate approach to its determination. This study adopts a qualitative, library-based research design using document analysis. Relevant sources include the Qur’an, Prophetic traditions, classical fiqh literature, contemporary juristic writings, Malaysian Islamic family law enactments, relevant Shariah Court cases, practice directions, and peer-reviewed articles. The findings indicate that the determination of the value of talak redemption by the Ḥakam should be conducted fairly and with due consideration of the circumstances of each case, taking into account relevant considerations such as the original dowry as a reference point, the financial circumstances of the parties, the circumstances of the marital dispute, and the need to avoid unfairly burdening either party. The study therefore proposes the development of clearer and more consistent guidelines for determining the value of talak redemption to promote greater transparency, consistency, and fairness in its implementation across Malaysian Shariah Courts.