KUALA LUMPUR, Sept 2 — Kelantan mufti Mohamad Shukri Mohamad has suggested that Kelantan PAS MPs and assemblymen who have defected to Parti Amanah Negara seek clarification on the statuses of their marriages after breaking their ‘bai’ah’ (divorce oath).

Mohamad Shukri said that while he was unfamiliar with the contents of the oath allegedly said to include a “triple talak” (immediate divorce) condition for parliamentarians and assemblymen of Kelantan should they be disloyal to the party, he said that the Shariah Court would know best.

“I cannot give my views on the matter because I myself do not know what was agreed by them. [All I can say] is it is better for them to refer to the Syariah Court as soon as possible,” he told Malay-language daily Utusan Malaysia.

“In court, the judge can look into the matter in detail, they can look and examine the contents of the actual bai’ah while taking into account various other aspects before making a decision.”

The formation of Parti Amanah Negara by PAS splinter group Harapan Baru on Monday saw five PAS MPs holding Kelantan seats and five state assemblymen defect to the new party.

Among those who defected in Kelantan is Kuala Krai MP Dr Mohd Hatta Ramli, a former PAS election director.

The oath is allegedly a must for Kelantan PAS lawmakers before accepting their posts and requires them to swear to divorce their wives with the “third talaq” the moment they join a new party.

Talaq ― or talak as it is spelled locally ― is a type of divorce in Islam which provides the man an avenue to initiate a divorce through simply pronouncing the word; if the man pronounces a “third talaq”, he is then prohibited from getting back with his wife again, unless he takes another woman as his wife and then divorces her afterwards before remarrying the first woman.

Mohamad Shukri added that many religious academics had given different and conflicting views on the matter of the oath due to the subjective nature of the issue, which has resulted in a negative perception by the community.

“Over one case, many statements have been issued by many parties, that have led others to see this as a contradicting matter.”

“It is better if we collectively gather out views on this issue as a group in a ‘muzakarah’ (discussion),” he said.