Latest news with #SyariahCourt
New Straits Times
23-05-2025
- Politics
- New Straits Times
Court of Appeal allows 28-year-old woman's legal bid to renounce Islam
PUTRAJAYA: The Court of Appeal has allowed a 28-year-old woman's leave application to initiate a judicial review against the Federal Territories Islamic Religious Council (MAWIP) for refusing to remove her name from the register of Muslim converts after she renounced Islam. A three-member bench led by Datuk Supang Lian ruled that the case raised substantial legal questions that warranted full consideration at the judicial review stage. Other members of the bench were Datuk Lim Chong Fong and Datuk Ahmad Fairuz Zainol Abidin. According to the court documents, the woman was born and raised as a Christian and converted to Islam at the age of 20 after she fell in love with a Muslim man. The relationship ended without marriage. The woman thereafter affirmed a statutory declaration to renounce Islam and revert to Christianity, and she hence applied to the MAIWP to be removed from the register of Muslim converts. However, there was no reply from the religious authority, prompting her to file a judicial review application. The High Court dismissed her leave application to initiate the legal bid on the grounds that her case was not amenable to judicial review, holding that MAIWP had no jurisdiction to decide on her request, which fell under the exclusive purview of the Syariah Court. Lim, who wrote the grounds of judgment, said the High Court erred by imposing a higher burden on the appellant to demonstrate that her application was not frivolous. "It seems to us that the learned High Court judge, in rejecting leave, prematurely delved into the merits of the opposing arguments of the parties," he said. He said there were serious and formidable arguments advanced by the parties on whether the Wilayah Persekutuan Syariah Court is vested with jurisdiction in light of Section 46(2)(b)(x) of the Administration of Islamic Law (Federal Territories) Act 1993, which warranted full consideration at the judicial review stage. "There is also uncertainty on the proper interpretation of the said provision because there is no statute/enactment conferring specific power on the Syariah Court to decide on apostacy cases in the Federal Territories. "We also observed that there is no express overruling pronounced on the conflicting approaches adopted by different panels of the Federal Court. "Thus, the law as it stands is still in a state of flux," he added. The appellate court said the lower court should not have rejected the application solely on the basis that a mandamus order was unavailable, as the applicant had also sought six other declaratory reliefs. Lawyers Iqbal Harith Liang and Muhammad Firdaus Daniel Tan represented the woman while Federal Counsel Mohammad Sallehuddin Md Alo appeared for MAIWP and the government.
The Star
20-05-2025
- The Star
More divorce cases in Johor Syariah Court in 2024
ISKANDAR PUTERI: The total number of divorce cases filed in the Syariah Court throughout Johor increased from 7,174 in 2023 to 7,306 last year, says state exco member Mohd Fared Mohd Khalid ( pic ). He added that among the causes of divorce are lack of understanding, financial problems, irresponsible spouses, third-party involvement and external interference by in-laws. 'The most significant increase was in divorce claims or applications, which rose to 4,264 cases last year compared to 4,042 in 2023, while claims for the validation of lafaz cerai (divorce pronouncements) increased slightly to 2,462 cases (in 2024) compared to 2,416 (in 2023),' he said, reported Bernama. Mohd Fared, the chairman of the state Islamic religious affairs committee, made this statement in response to a query from Marina Ibrahim (PH-Skudai). The question pertained to data from the Religious Office concerning cases of failure to provide maintenance (nafkah) following divorce. This exchange took place during a sitting of the state assembly in Kota Iskandar yesterday. He noted that there was a significant decrease in fasakh (annulment) claims, which dropped to 545 cases in 2024 from 675 cases in 2023. Furthermore, applications for confirmation of cerai taklik (divorce by condition) fell to 27 cases last year, down from 33 in 2023. Additionally, the number of applications for khuluk (a specific type of divorce initiated by a wife) remained unchanged at eight cases last year. According to Mohd Fared, the age group with the highest number of divorce filings last year was couples aged 26 to 35, with 2,838 cases; followed by those aged 36 to 45 (1,951 cases); 46 to 55 (881 cases); 18 to 25 (747 cases); 56 to 65 (349 cases); and those aged 66 and above (124 cases).
Barnama
19-05-2025
- General
- Barnama
Muslim Women Can Seek Maintenance Even Without Divorce
A simple compliment from a host about a beautiful outfit worn by a child at a Hari Raya Aidilfitri open house unexpectedly sparked a heated argument between the parents after the mother casually 'revealed' that all the expenses for the festive celebration were borne by her. A video of the incident, shared by the host on social media, went viral. For viewers, it may have been just a story but behind it lies a bitter reality in some marriages where the husband shirks his responsibilities in providing for his wife and children, especially when the wife is also working. Such situations often leave wives feeling emotionally overwhelmed as they are forced to handle household, family and financial responsibilities on their own. CLAIMING MAINTENANCE WITHOUT DIVORCE For Muslim women facing such issues, there is still a way out, says Syariah lawyer Marlina Amir Hamzah, who explained that a wife's rights under Islam are protected by the Islamic Family Law (Federal Territories) Act 1984 and similar laws at the state level. 'For example, Section 73(1) of the Selangor Islamic Family Law Enactment 2023 states that the father is responsible for providing maintenance for his child, regardless of whether the child is in his custody or someone else's. 'Maintenance includes essentials such as food, drink, shelter, clothing and medical care. If the issue of maintenance cannot be resolved through discussion, the wife has the right to file a claim in the Syariah Court, even while still legally married,' she told Bernama recently. Unfortunately, she said, many wives do not take this step due to several factors, including a lack of awareness of legal procedures, fear of not being able to afford the cost of filing a claim and concerns that doing so could worsen the situation. 'For those who still wish to preserve their marriage, they usually avoid this route. Imagine a wife filing a maintenance claim in court while still married – it could lead to arguments and possibly end in divorce. 'However, in certain cases, such as when a woman has been left without support for a long time and is determined to assert her rights, the claim can be filed without waiting for a divorce,' she added. PROCESS Elaborating on the process of claiming maintenance while still married, Marlina said the first step a wife should take is to apply for a maintenance order at the lower Syariah court. 'Prepare all the necessary documents, such as copies of both spouses' identification cards, their marriage certificate and their children's birth certificates, then go to the lower Syariah court to file an application. Officers at the case registration counter can usually assist and guide you if you're not represented by a lawyer. 'If you have legal representation, the lawyer will handle all the documentation and provide advice in accordance with existing provisions and appropriate to the client's case,' she said. Once the case is filed, both parties will undergo a sulh process. Sulh refers to the amicable settlement of a dispute through mediation. However, if no agreement is reached, the case will be tried before a judge. Once the trial concludes, the court may order the husband, ex-husband or father to pay maintenance according to the amount, payment schedule and method determined by the judge, Marlina explained. If the husband fails to comply with the court order, the wife can file an application for enforcement under Section 148 of the Syariah Court Civil Procedure Act (Federal Territories) 1998, or the relevant state enactment. Marlina said this application can be filed through a judgment debtor summons, seizure and sale order or a committal order. 'Some husbands may try to claim they can't afford it (pay maintenance) due to low income, high commitments, unemployment and so on. If that's the case, the husband must provide proof to the court that he truly lacks the means. However, that doesn't mean he can get away with it. According to Islamic law, maintenance is a mandatory right that must be fulfilled, no matter what,' she said. In fact, in child maintenance cases, if the husband proves he is genuinely unable to fulfill his financial responsibilities, the wife can apply to the court to request that an heir from the husband's side pay the maintenance as ordered by the court. To proceed with this, the wife must first obtain a maintenance order from the lower Syariah court under Section 72(1) of the Islamic Family Law (Federal Territories) Act, or the relevant state-level law, the lawyer explained. In addition, if the wife is aware that the husband has savings in any financial institution, she can also apply for hiwalah at the Syariah court. Hiwalah is the transfer of debt from the person who owes it to someone else who is able to pay it. ENFORCEMENT Meanwhile, Irsamudin Ikhsan, who is also a Syariah lawyer, said Islamic family law in Malaysia allows a wife to file not only for current maintenance but also for arrears accrued throughout the marriage. 'These arrears can be claimed if the wife can prove the husband failed to provide maintenance over a certain reasonable period. The court will then evaluate the reasonableness of the claim amount. 'Claims must be supported by evidence, such as expenditure records, financial documents and witness testimony if necessary,' he told Bernama. He said if the husband fails to comply with the maintenance order issued by the court, the latter can enforce the order through measures like salary garnishment or even imprisonment. Such actions, he added, are not merely punitive but are intended to protect the rights of wives and children who have been neglected. 'This matter is guaranteed under Islamic law and Malaysia's Islamic legal framework to ensure the welfare of the wife and children is safeguarded if the husband fails to fulfill his obligations,' he said. Sharing her experience with Bernama, Fatiahusna (not her real name), 45, said she was neglected by her husband for more than 10 years before she decided to take legal action to secure her and her children's rights. 'I waited over 10 years, hoping my husband would change. In the end, I became ill (suffered from depression) from shouldering all the family and children's expenses. My husband worked in the government sector but I had no idea where his money went,' said the private-sector employee. The mother of three school-going children said during that time, she spent her entire salary on household expenses and had no savings for her future. 'This didn't even include the emotional, mental and physical fatigue I suffered. Discussions didn't help either,' she said, adding she eventually gathered the courage to go to the Syariah court to address the issue. 'I sought help from the Legal Aid Bureau to begin the process of claiming maintenance for the sake of my children's future. 'The process did take a long time – almost three years – but I had already been patient for 10 years, so waiting a little longer for the sake of my children was not a problem. Some of the services provided by the Legal Aid Bureau were free and some required payment. The total cost depends on the type of case and how much work is involved. What's certain is that the bureau is much more affordable compared to engaging a private law firm.' Now a single mother, Fatiahusna said her ex-husband has been consistently paying child maintenance through salary deductions, as ordered by the Syariah court. 'Even though I ended up being a single mother, I'm still grateful because my efforts to improve our lives and fight for my children's rights have paid off,' she said. She advised women in similar situations not to stay in toxic marriages just out of pity for the children but instead to rise and fight for the rights granted by their religion and the law.
The Star
19-05-2025
- Politics
- The Star
Johor sees rise in divorce applications among Muslims
ISKANDAR PUTERI: Johor has recorded an increase in divorce applications filed by Muslim couples in the Syariah Court statewide over six years from 2019 to the end of 2024. State Islamic Religious Affairs Committee chairman Mohd Fared Mohd Khalid ( pic ) said the total number of divorce applications rose from 6,844 cases in 2019 to 7,306 cases last year. He said the causes of divorce include incompatibility, financial problems, irresponsible partners and interference from third parties, such as in-laws. 'The most significant increase was in divorce applications, which rose from 3,273 cases in 2019 to 4,264 cases in 2024. 'As for applications to verify divorce pronouncements (lafaz cerai), although there was a slight drop in 2021 (1,856 cases), the number increased again to 2,462 cases in 2024,' he added. Mohd Fared said this in reply to Marina Ibrahim (Pakatan–Skudai) during the state assembly meeting at Bangunan Sultan Ismail in Kota Iskandar on Monday (May 19). Earlier, Marina requested data from the Johor Islamic Religious Department (JAINJ) on alimony claims following divorce among married Muslim couples. Mohd Fared said applications for the verification of taklik divorces remained low throughout the period, between 25 and 38 cases annually. Applications for khulu' or redemption divorces also stayed low, dropping slightly from 10 cases in 2019 to eight cases in 2024. 'Meanwhile, fasakh divorce applications recorded a notable decrease from 988 cases in 2019 to 545 cases in 2024,' he said, adding that the highest number of divorce applications came from individuals aged 26 to 35, involving 16,159 people. Mohd Fared also said this was followed by applicants aged 36 to 45 (10,517), 18 to 25 (4,877), 46 to 55 (4,631), 56 to 65 (1,715), and those aged 66 and above (588). 'In total, 371 alimony claims have been filed from May last year to April this year. Through the Family Support Division, eligible individuals received assistance after an investigation and approval by the committee. 'From 2012 to August 2023, the Family Support Division has channelled RM77,400 in advance payments to eligible ex-wives using funds contributed by the Johor Islamic Religious Council (MAIJ),' he added.
The Sun
19-05-2025
- General
- The Sun
Muslim women can seek maintenance even without divorce, say Syariah lawyers
KUALA LUMPUR: A simple compliment from a host about a beautiful outfit worn by a child at a Hari Raya Aidilfitri open house unexpectedly sparked a heated argument between the parents after the mother casually 'revealed' that all the expenses for the festive celebration were borne by her. A video of the incident, shared by the host on social media, went viral. For viewers, it may have been just a story but behind it lies a bitter reality in some marriages where the husband shirks his responsibilities in providing for his wife and children, especially when the wife is also working. Such situations often leave wives feeling emotionally overwhelmed as they are forced to handle household, family and financial responsibilities on their own. CLAIMING MAINTENANCE WITHOUT DIVORCE For Muslim women facing such issues, there is still a way out, says Syariah lawyer Marlina Amir Hamzah, who explained that a wife's rights under Islam are protected by the Islamic Family Law (Federal Territories) Act 1984 and similar laws at the state level. 'For example, Section 73(1) of the Selangor Islamic Family Law Enactment 2023 states that the father is responsible for providing maintenance for his child, regardless of whether the child is in his custody or someone else's. 'Maintenance includes essentials such as food, drink, shelter, clothing and medical care. If the issue of maintenance cannot be resolved through discussion, the wife has the right to file a claim in the Syariah Court, even while still legally married,' she told Bernama recently. Unfortunately, she said, many wives do not take this step due to several factors, including a lack of awareness of legal procedures, fear of not being able to afford the cost of filing a claim and concerns that doing so could worsen the situation. 'For those who still wish to preserve their marriage, they usually avoid this route. Imagine a wife filing a maintenance claim in court while still married – it could lead to arguments and possibly end in divorce. 'However, in certain cases, such as when a woman has been left without support for a long time and is determined to assert her rights, the claim can be filed without waiting for a divorce,' she added. PROCESS Elaborating on the process of claiming maintenance while still married, Marlina said the first step a wife should take is to apply for a maintenance order at the lower Syariah court. 'Prepare all the necessary documents, such as copies of both spouses' identification cards, their marriage certificate and their children's birth certificates, then go to the lower Syariah court to file an application. Officers at the case registration counter can usually assist and guide you if you're not represented by a lawyer. 'If you have legal representation, the lawyer will handle all the documentation and provide advice in accordance with existing provisions and appropriate to the client's case,' she said. Once the case is filed, both parties will undergo a sulh process. Sulh refers to the amicable settlement of a dispute through mediation. However, if no agreement is reached, the case will be tried before a judge. Once the trial concludes, the court may order the husband, ex-husband or father to pay maintenance according to the amount, payment schedule and method determined by the judge, Marlina explained. If the husband fails to comply with the court order, the wife can file an application for enforcement under Section 148 of the Syariah Court Civil Procedure Act (Federal Territories) 1998, or the relevant state enactment. Marlina said this application can be filed through a judgment debtor summons, seizure and sale order or a committal order. 'Some husbands may try to claim they can't afford it (pay maintenance) due to low income, high commitments, unemployment and so on. If that's the case, the husband must provide proof to the court that he truly lacks the means. However, that doesn't mean he can get away with it. According to Islamic law, maintenance is a mandatory right that must be fulfilled, no matter what,' she said. In fact, in child maintenance cases, if the husband proves he is genuinely unable to fulfill his financial responsibilities, the wife can apply to the court to request that an heir from the husband's side pay the maintenance as ordered by the court. To proceed with this, the wife must first obtain a maintenance order from the lower Syariah court under Section 72(1) of the Islamic Family Law (Federal Territories) Act, or the relevant state-level law, the lawyer explained. In addition, if the wife is aware that the husband has savings in any financial institution, she can also apply for hiwalah at the Syariah court. Hiwalah is the transfer of debt from the person who owes it to someone else who is able to pay it. ENFORCEMENT Meanwhile, Irsamudin Ikhsan, who is also a Syariah lawyer, said Islamic family law in Malaysia allows a wife to file not only for current maintenance but also for arrears accrued throughout the marriage. 'These arrears can be claimed if the wife can prove the husband failed to provide maintenance over a certain reasonable period. The court will then evaluate the reasonableness of the claim amount. 'Claims must be supported by evidence, such as expenditure records, financial documents and witness testimony if necessary,' he told Bernama. He said if the husband fails to comply with the maintenance order issued by the court, the latter can enforce the order through measures like salary garnishment or even imprisonment. Such actions, he added, are not merely punitive but are intended to protect the rights of wives and children who have been neglected. 'This matter is guaranteed under Islamic law and Malaysia's Islamic legal framework to ensure the welfare of the wife and children is safeguarded if the husband fails to fulfill his obligations,' he said. Sharing her experience with Bernama, Fatiahusna (not her real name), 45, said she was neglected by her husband for more than 10 years before she decided to take legal action to secure her and her children's rights. 'I waited over 10 years, hoping my husband would change. In the end, I became ill (suffered from depression) from shouldering all the family and children's expenses. My husband worked in the government sector but I had no idea where his money went,' said the private-sector employee. The mother of three school-going children said during that time, she spent her entire salary on household expenses and had no savings for her future. 'This didn't even include the emotional, mental and physical fatigue I suffered. Discussions didn't help either,' she said, adding she eventually gathered the courage to go to the Syariah court to address the issue. 'I sought help from the Legal Aid Bureau to begin the process of claiming maintenance for the sake of my children's future. 'The process did take a long time – almost three years – but I had already been patient for 10 years, so waiting a little longer for the sake of my children was not a problem. Some of the services provided by the Legal Aid Bureau were free and some required payment. The total cost depends on the type of case and how much work is involved. What's certain is that the bureau is much more affordable compared to engaging a private law firm.' Now a single mother, Fatiahusna said her ex-husband has been consistently paying child maintenance through salary deductions, as ordered by the Syariah court. 'Even though I ended up being a single mother, I'm still grateful because my efforts to improve our lives and fight for my children's rights have paid off,' she said. She advised women in similar situations not to stay in toxic marriages just out of pity for the children but instead to rise and fight for the rights granted by their religion and the law.
