Analisis Kes-Kes Khuluk di Mahkamah Rendah Syariah Wilayah Persekutuan Kuala Lumpur

The Analysis of Khuluk Cases in the Syariah Lower Court, Federal Territory Kuala Lumpur

Abstract

Khuluk is one form of separation that occurs between husband and wife, but the scholars disagree whether khuluk is in the category of divorce or fasakh. They also differ on the need to determine the reason that leads to such character. This article presents the results of a study on khuluk cases in the Federal Territory Syariah Lower Court from 2011-2013. The document analysis has been selected as a method for this study. Among the objectives of the study is to analyze the concept of nature based on the opinion of jurists, the reasons for khuluk that may be applicable in the Federal Territory Syariah Court and the factors that lead to the divorce through khuluk based on cases in 2011-2013 at the Federal Territory Syariah Court. The study found that there are five factors prevailing in the court of the existence of khuluk shiqāq (fights), couple was not blessed with children, insubordinate wives and the husband was not liable and did not have any feelings for his/her partner. The ransoms for khuluk was the highest in the year 2011-2013 which was RM30,000, while the lowest was 5.00. There were two types of delivery khuluk identified in cases from 2011 to 2013 which was in the form of cash and non-cash.