|FAQ[ 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 -|
|b.||custody of the child;|
|c.||maintenance of the child;|
|d.||maintenance period of iddah; and|
|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
|Any inquiries, please contact the Litigation & Advisory Division (Syariah)..Click here