PUTRAJAYA – The shariah court can only deliver divorce and alimony decisions simultaneously if there is mutual agreement between the husband and wife who filed the case, said chief syarie judge Datuk Mohd Na’im Mokhtar.
He said when the shariah court receives a divorce application, with both parties agreeing on the alimony, the shariah judge will make the decision on both matters simultaneously.
He said it is recommended in Islam that couples who intend to file for divorce find a way of reconciliation by discussing and agreeing to the alimony.
“With the agreement of both parties, the best way is for the husband and wife to agree to the alimony before filing for divorce,” he told a press conference today.
He said this in response to a proposal by the government for shariah court judges to deliver divorce and alimony decisions simultaneously to prevent cases from dragging on for too long and victimising ex-wives and children.
Na’im suggested that the Syarie Lawyers Association advise their clients to find a way of mediation to settle their applications for divorce and alimony.
“This will facilitate the divorce application process and alimony claims and will not take long. The shariah court has a set KPI (key performance indicator) for the settlement of alimony claims, which is a period of two years,” he said.
In cases where both parties reach a mutual agreement, Na’im said the shariah court will issue a divorce order first to avoid further delay in settling the case.
“In this situation, the shariah court will determine the actual income of the husband before making an assessment of the alimony to be paid to the ex-wife and children. To ensure justice for the ex-wife and children, pending disposal of the case, the court will issue a temporary order on alimony,” he added.
For the alimony claim process, he said, the hearing is based on Section 60 of the Islamic Family Law (Federal Territories) Act 1984 which stipulates that the ex-wife must inform the court of her ex-husband’s total income and property, as well as her needs and that of her children.
“During the hearing, the shariah court will need the information, along with the documents. This will enable the court to assess the amount of alimony required by the ex-wife and children,” he added. – Bernama, March 25, 2022
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