Shariah Chief Judge Datuk Mohd Na’im Mokhtar said when the Syariah Court received a divorce application, with both parties agreeing on the alimony, then the shariah judge would make the decision on both matters simultaneously. – Picture from Twitter/Bernama
PUTRAJAYA, March 25 – The Syariah Court can only deliver divorce and alimony decisions simultaneously if there is mutual agreement between the husband and wife who filed the case, said Shariah Chief Judge Datuk Mohd Na’im Mokhtar.
He said when the Syariah Court received a divorce application, with both parties agreeing on the alimony, then the shariah judge would make the decision on both matters simultaneously.
He said it is recommended in Islam that couples who intend to file for divorce must find a way of reconciliation by discussing and agreeing to the alimony.
“With the agreement of both parties, that is 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 Syariah Court judges to deliver divorce and alimony decisions simultaneously to prevent the issues from being dragged too long to the point that ex-wives and the children were victimised.
Mohd Na’im suggested that the Syarie Lawyers Association play a role by advising 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 Syariah Court have set a KPI (key performance indicator) for the settlement of alimony claims, which is two years,” he said.
In cases where both parties could reach a mutual agreement, Mohd Na’im said the Syariah Court would issue a divorce order first to avoid further delay in settling the case.
“In this situation, the Syariah Court will determine the actual income of the husband before making an assessment on the alimony to be paid to the ex-wife and children, and 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 priocess, 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 her ex-husband’s total income and property, as well as her needs, and of her children.
“During the hearing, the Syariah 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