Outside the Court: Decoding Divorce Challenges and Solutions at Shariah Court of Baling, Kedah

Divorce outside the court refers to divorces that occur outside the court or without obtaining permission from the court in Malaysia. The Islamic Family Law Enactment (Kedah Darul Aman) 2008 stipulates that divorce must be carried out in front of the court according to Section 57 (1). Several issues arise regarding divorce outside the court, especially those involving challenges in implementing divorce outside the court. Ambiguous and unclear divorce pronouncements will cause difficulties for the court in the divorce process. Furthermore, it also complicates the wife's divorce application if the divorce occurs outside the court. Therefore, this study was conducted to examine the concept of divorce outside the court from the perspectives of Shariah and the law in the state of Kedah and to analyze the issues and challenges of implementing divorce outside the court in the Shariah Court of Baling, Kedah. This study used a qualitative method, where research data was collected through semi-structured interviews and literature reviews. The research data were then analyzed using content analysis and thematic analysis methods. The study found that there are several issues and challenges in implementing divorce outside the court in the Shariah Court of Baling, Kedah. Among the issues that arise include financial matters, family interference and third-party interference. Meanwhile, in terms of the challenges of implementing divorce outside the court, challenges such as the concealment of the divorce pronouncement by the husband, lack of acknowledgment of divorce from the husband's side, and difficulty in divorce application by the wife exist. For implication, this study urges parties involved in the Shariah legal institution, especially the Shariah Court of Baling, Kedah officers to be more aware of the issues and challenges that exist in implementing divorce outside the court.