Category Archives: the lower court must determined

the lower court must determined :World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

Sample answer by USIM LAW undergraduate 1050617

This case is about the husband pronouce talaq to his wife by saying “I divorced you. I divorced you. I divorced you”. The issue here whether the pronouncement of 3 Talaq at once, can consider as 3 talaqs or one talaq only. According to Hanafi sect, it fell under 1 talaq, but Shafii sect, 3 talaq. But, in this case, the Husband alleged that he is had induced by Black Magic. So, it is not under his proper sense. The Syariah Court held that talaq is consider as 3 talaq but they appealed to appeal court. The court give judgement that the lower court must determined on the influenced by the Black Magic and must trial with witness. So, the court held, the case retried before another kadi/judge.
[Marks earned: One Point Four (1.4) out of Ten]