Decorative Picture.
(Source: Melone Hatley P.C)

Divorce cases among artists in this country can be said to be ‘normal’, but so many celebrities do it openly by pronouncing talaq via online, on the WhatsApp message and even more extreme by pronouncing divorce on Instagram Story.

Divorce can occur due to the possibility of the couple’s financial problems as well as internal problems such as not being able to control their anger.

Recently, our country was shaken by the story of the second divorce between actress Zarina Anjoulie and her ex-husband, Eilyas Azhar, which took place on their Instagram account.

Instastory from Zarina’s ex-husband’s Instagram account.
(Source: Twitter)

Zarina’s ex-husband, Eilyas has pronounced talaq to Zarina through his Instagram account and it has spread on social media as well as being a hotly debated issue for social media users and on average, there are many questions regarding the status of the divorce whether if it is valid or not since it happened online.

Netizens questioning Siti Nur Zulaikha, Legal Practitioner.
(Source: Berita DIMENSi / Hady Armeen)

Siti Nur Zulaikha, 25, a legal practitioner, during a virtual interview session with Berita DIMENSi, she stated that the pronunciation of talaq by using social media as a platform is not something that is weird as we are living in this digital era.

“The concept of writing instead of pronouncing the talaq is legal and valid under the Islamic law but the practise in Syariah Court however will determine the intention, purpose and the state of mind of the person who pronounce the talaq before affirming that the talaq is valid and accounted,” said Zulaikha.

Commenting further on why this online divorce could happen, Zulaikha said that she believed the digitalization era makes things easier and faster hence people tend to take the instant way of doing something and hoping to find an instant result.

“However, this is not as what being thought by Islam since it is morally wrong to divorce your wife on social media and intentionally to let the public know especially if the couple is someone who is well known in the society,” added Zulaikha.

Zulaikha also stated that when a divorce case happens outside the court, in any ways, either the husband or the wife needs to apply to the court.

“To affirm the pronouncement of talaq by submitting a ‘summon’ in Form 2 of the Syariah Court Civil Procedure (State of Selangor) Enactment 2003 And Rules, and also the ‘Statement of Claim’ by virtue of Section 57 of the Islamic Family Law (State Of Selangor) Enactment 2003 And Rules,” she added.

Zulaikha said the ‘Summon’ and the ‘Statement of Claim’ need to be served to the other party either wife or husband in order to let them know about the registration that was about to be made and to let both parties attend the court at stipulated time and date.

“This is to let the man affirm the pronouncement of talaq which was being made outside the court,” she added again.

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