Divorce, alimony determination might be made on the identical time if each events agree, says Syariah chief justice

PUTRAJAYA: The Syariah court can make divorce and alimony decisions simultaneously only if the husband and wife who filed the case are in mutual agreement, says Datuk Dr. Mohd Na’im Mokhtar (Image).

The Syariah Chief Justice said that if the Syariah Court receives a petition for divorce and both parties agree on alimony, then the Syariah Court Judge will make the decision on both matters at the same time.

He said that it is recommended in Islam that couples who want to file for divorce must find a way of reconciliation by discussing and agreeing on alimony.

“With the consent of both parties, it is best for the husband and wife to agree on alimony before filing for divorce,” he told a news conference on Friday (March 25).

He said this in response to a government suggestion that Syariah Court judges should make divorce and alimony decisions simultaneously to prevent the matter from dragging too long to the point of victimizing ex-wives and children will.

Mohd Na’im suggested that the Syariah Lawyers Association should play a role in advising its clients to find a way of arbitration to settle their applications for divorce and alimony.

“This will make the divorce filing process and alimony easier and won’t take long. The Syariah Court has established a KPI (Key Performance Indicator) for processing 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 first issue a divorce order to avoid further delays in resolving the case.

“In this situation, the Syariah Court determines the husband’s actual income before making an assessment of the alimony payable to the ex-wife and children and to ensure justice for the ex-wife and children until available In that case, the court will issue a maintenance restraining order,” he added.

For the alimony claim priestess, he said, the hearing was based on Section 60 of the Islamic Family Law (Federal Territories) Act 1984, which requires the ex-wife to inform the court of her ex-husband’s total income and assets as well as hers needs and those of their children.

“During the hearing, the Syariah Court needs the information along with the documents. This will allow the court to assess the amount of child support required from the ex-wife and children,” he added. -Bernama