KUALA LUMPUR, Dec 28 – The Wilayah Persekutuan Syariah Courts settled a total of 1,489 cases of child maintenance claims from 2018 to 2022, based on the statistics generated by the E-Syariah system of the Department of Syariah Judiciary Malaysia (JKSM), said Minister in the Prime Minister’s Department (Islamic Affairs) Mohd Na’im Mokhtar.
In the same period of time, the total of number of registered cases enforced was 287 and the total number of enforcement cases settled were 298, Mohd Na’im told Parliament last December 12 in response to a question by Senator Zurainah Musa, who asked for the status on compliance of all child maintenance payments as determined by the Wilayah Persekutuan Syariah Courts.
Zurainah also wanted to know what the government is doing to ensure compliance of maintenance payments as ordered by the Syariah Courts.
“The Family Support Division (BSK) under JKSM is responsible for managing the efficient and effective enforcement and implementation of the maintenance orders issued by the Syariah Courts,” said Mohd Na’im in his written reply.
“Additionally, BSK is responsible for channelling cash advancements for child maintenance to qualified applicants to ease their burden while waiting for their cases to be settled.”
He added that parties who have a maintenance order can file a complaint to the BSK if the maintenance order is not obeyed by the defendant (ex-husband/father).
BSK may take action when it receives a complaint through either a judgement debtor summons, writ of seizure and sale, hiwalah (the transfer/ assignment of debt from one party to another to the benefit and order of the creditor), or committal proceedings.
Aside from enforcement of court order, other forms of assistance offered by BSK include a six months advance on maintenance payments for those qualified while waiting for the enforcement of the maintenance order to be settled, Syariah legal assistance (except in the Federal Territory, Selangor and Johor where the Department of Legal Aid will represent the ex-wife), and Syariah legal advice to all parties involved specifically on maintenance claims and the execution of orders of judgement by the Syariah Courts.
“JKSM through BSK which performs enforcement functions and the execution of orders on ex-husbands/fathers who are behind in their payments of nafkah (maintenance) and mut’ah (consolation payment) will always find the best way to help mothers and children who are denied their rights,” said Mohd Na’im.
“Among the efforts or mechanisms that have been explored since 2019 is through bank account restrictions on ex-husbands who are behind in providing child maintenance payments,” he continued, adding that amendments to Schedule 11 of the Financial Services Act 2013, Islamic Financial Services Act 2013 and Development Financial Institutions Act 2002 were passed and gazetted on February 10, 2021.
The amendment includes compliance and disclosure of information under hiwalah, which is the transfer of debt from the Judgement Debtor to a third party, i.e. financial institution by order of the court to the Judgement Creditor.
In addition, the disclosure of account owner information in financial institutions by court order, not limited to the Sessions Court, was also extended to orders issued by the Syariah Lower Court, Syariah High Court and Syariah Appeal Court.
“As a result of the amendment, the hiwalah order issued by Syariah Courts at any level can be implemented by financial institutions based on the provisions of the law,” he concluded.
