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Syariah
Frequently Asked Questions [ Syariah ]
1. What are the common rights that a Muslim woman can seek after divorce?
There are 5 common rights that a Muslim woman can seek under the Islamic Family Law -
a. mutaah;
b. custody of the child;
c. maintenance of the child;
d. maintenance period of iddah; and
e. matrimonial property
2. What is muta'ah?
Mutaah is a consolatory gift granted by the husband for his ex-wife after their divorce. Islamic Family Law provides that a woman who has been divorced without just cause by her husband may apply to the court for muta’ah.
3. What is meant by harta sepencarian?
“harta sepencarian” is property jointly acquired by husband and wife during the subsistence of the marriage in accordance with the conditions stipulated by Hukum Syarak.
4. What are the documents required to obtain legal aid for a fasakh case?
The documents required are, among others, identity card, pay slip/verified income statement, nikah/ruju' certificate, relevant documents relating to facts of the case e.g.: medical report, police report and etc.(if applicable).
5. Can a wife who solemnized a marriage abroad without leave from the court obtain legal aid to file application of fasakh in a Syariah court of Malaysia?
Yes, if the Applicant is eligible in terms of source of income and if the marriage has been authorized by the Syariah court of Malaysia and that the case has merits..
6. What is nusyuz?
Nusyuz means a wife unreasonably refuses to obey the lawful wishes or commands of her husband, that is to say, inter alia:
i) when she withholds her association with her husband;
ii) when she leaves her husband's home against his will; or
iii) when she refuses to move with him to another home or place, without any valid reason according to Hukum Syara'.
7. What is the effect of nusyuz?
A wife who is found nusyuz shall not be entitled for maintenance until she returns to obey her husband.
8. What is divorce under takliq and how does it take place?
Takliq means a promise expressed by the husband after solemnization of marriage in accordance with Hukum Syara' and the provision under the State Islamic Family Law Act/Enactment/Ordinance. Divorce under takliq may be granted upon breach of takliq and after a complaint has been lodged and certified by the Court.
9. What kind of child maintenance that can be claimed?
Daily necessities such as food, clothing, school expenses, basic education, medicine and place of residence.
10. Who is liable to pay child maintenance?
The child's biological father and paternal kin (in the order of ‘wali’).
11. How is the maintenance of a child assessed?
Child maintenance is assessed based on the ability of the person responsible and the needs of the child.
12. What is the procedure for submitting a claim for child maintenance?
Child maintenance claim may be filed at the Syariah Court where the applicant resides by submitting the following documents:
(i) Identity Card
(ii) Birth / adoption certificate
(iii) Certificate of marrige / divorce and
(iv) Supporting document supporting the claim