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ANCILLARY ORDERS ON DIVORCE

When a divorce has been pronounced by the husband and has been granted by the court

- it will be recorded by the Syariah Court and then will be registered in the Registrar of Divorces

No pronouncement of talaq or order of divorce or annulment shall be registered UNLESS the Chief Registrar is satisfied- court has made a final order/ orders relating thereto.

- Islamic Family Law (deral Territories) Act 1984

Types of ancillary orders on divorce

CASES ON MAHR

2. Maintenace and residence

Cases on maintenance & residence

5. 'Property jointly acquired by husband and wife, whether directly or indirectly, during the subsistence of marriage in accordance with the conditions stipulated by hukm syara'.

5. Right of the accomodation/residence of a divorce wife

Rosnah v ibrahim

Penang case : wife had claimed a share in various articles including jewellery , a moveable stall and crockery.

Held : learned chief kadi ordered the husband to return the personal jewellery of wife which had pawned/sold/pay their cost.

He also ordered husband give moveable stall which she used trading her as agreed. He dismissed her claim to share crockery & savings in bank.

A divorced wife entitled to stay in the home where she used to live when she was married ( as long as the husband did not able to provide her the suitable accommodation.

7. CASES: Roberts v. Umi Kalthum [1966] 1 MLI 163

-Facts: Husband and wife were working together and bought a house (price RM50 000)- which the husband contributed RM 40 000 and wife

RM10 000. Property registered in the name of wife-parties divorced-Husband suggested the property were equally divided-but wife reluctant.

-Held: As it is jointly acquired property so the judge ordered it to be divided equally.

6. The idea of a wife is only a homemaker is still entitled to a share of the property.

3. Court can make an order of payment if:

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1. If the husband did not make such payment.

2. If the wife did not satisfied the amount of payment.

3. If the husband did not pay it during the marriage period.

2. DALIL & SURAH AT-TALAQ

Let the woman live in iddah in the same style as you live according to your means, annoy them not so as to restrict them. and if they carry life in their wombs then spend your substances on them until they deliver their burden.

6. Right of accommodation shall cease (stop) if:

4. The right of a divorce wife to receive maintenance from the former husband will stop

1. The period of iddah has expired

2. Period of guardianship (of children) has expired.

3. The woman has remarried

4. The woman guilty of open lewdness (fahiyyah)

1. On the expiry of the period of iddah

2. When the wife being nusyuz

2. It has now been given a statutory recognition in the Islamic Family Law Act and the State Enacment

Sabariah v zainol

Penang case : wife claimed a share in house * motorcar. Claim was actually stated to be claim harta sharikat/ partnership property.

Held : chief kadi dismissed claim as he found there was no evidence to show property was acquired partnership.

Two main points on ancillary orders on divorce

4. The Islamic Family Law Enacment of Negeri Sembilan 2003 gives a wider definition.

1. ON DIVORCE, THE WIFE IS ENTITLED TO GET MAINTENANCE DURING THE PERIOD OF IDDAH

3. Islamic Family Law (Federal Territories) Act 1984, sec 2, defines harta sepencarian: "property jointly acquired by husband and wife during the subsistence marriage in accordance with the conditions stipulated by hukm syara'

PLATFORMS

Ramlah v. Mohamed Yusoff

-Facts: Husband had divorce paid RM150 as iddah maintenance. thas not agreed by wife and her application shariah court.

-Held: Learned chief kadi ordered husband pay maintenance rate RM4 a day for iddah period of 73 days. amount RM292. Husband war order pay balance RM142.

Cik Ah v. Ramli

-Facts: Wife claimed iddah maintenance rate RM45 a month.

-Held: Learned kadi made order for payment maintenance rate RM40 a month for 3 months amount to RM120

1. Claims for harta sepencarian (jointly acquired property) were originally based on malay costum

Salma v. Mat Akhir

-Fact: Wife claimed iddah maintenance amounting RM800. Wife called witness but one of them was father. Wife took oath say she not received maintenance, she had not guilty any act of nusyuz.

-Held: Learned kadi after hear parties ordered husband pay RM500 as iddah maintenance.

2 main points

4. HARTA SEPENCARIAN

An overview:

Types of ancillary orders on divorce

Ancillary orders on

divorce

1. Mahr (Dower/ maskahwin)

6. The mahr (dowry) is payable on marriage is usually called as maskahwin (literally gold) in Malaysia.

-An overview

1- Mahr (Dower/ Maskahwin)

2- Maintenance and residence

3-Mut'ah

4- Harta pencarian

5. Islamic Family Law (Federal Territories) Act 1984:

-Nothing in the Act shall affect the right that a married woman may have under the Hukm Syara' to her maskahwin and pemberian or any part thereof on the dissolution of her marriage

1.Maskahwin/ mahr is defined as the obligatory marriage payment under hukm syara' by the husband to the wife

2. After hearing parties, court may order the husband to pay such sum as may be fair and just according to hukm syara'

3. As an honour and a respect given to her and to show that he has a serious desire to marry her and is not simply entering into the marriage contract without any sense of responsibility and obligation or effort on his part.

4. The reasons for mut'ah:

-to console wife and to remove any cause for accusation or shame which might arise from the divorce.

-to start a new life

.

4. The right is based on dalil Al-Quran: Surah an- Nisa'

2. wife is entitled to get the payment when mahr has not been paid

" and give the women their

dowries with a good heart..."

[Noble Quran 4:4] an-Nisa'

3. Dalil (Surah al-Baqarah (2): 241. for divorced woman mut'ah should be provided on a reasonable scale. this is a duty on the righteous.

1. Mahr (Dower/maskahwin)

1. A women who has been divorced without a just cause by her husband may apply to court for mut'ah of consolatory gift

Cases

Email Address

City, State

Telephone

Sabariah v zainol

Penang case : wife claimed muta’ah. Husband disputed claim as he stated the wife did not carry out her household duties & he had make own bed & cooks his meals.

Held : learned chief kadi however held as divorce affected by husband, wise entitled muta’ah. He fixed amount rm1000.

Ramlah v Mohamad

Penang case : wife claimed muta’ah addition iddah maintenance.

Held : learned chief kadi assessed muta’ah payable at one & half times the monthly pay husband & fixed rm689.

Sharifah v zainal alam

Penang case : wife claimed muta’ah rm2000. husband did not dispute right muta’ah but said amount excessive, as his monthly salary only rm295.

Held : learned chief kadi ordered husband pay a muta’ah rm500

Janat v. Sheikh Khuda Bukhs (1911) 2 fmslr 61.

-Facts: husband did not pay the maskahwin.

-Held: court of Appeal confirmed the order that made by High Court for the husband to pay the maskahwin on divorce.

Salma v. Mat Akhir

-Facts: wife claimed payment maskahwin RM600 which still owing. Her husband denied and the wife carry to witnessess and only one accepted and one as other form her father. She asked to take an oath to swear.

-Held: kadi accepted evidence and husband must pay maskahwin RM600

3. Mut'ah (consolatory gift)

Rosnah v. Ibrahim.

-Facts: wife claimed of her maskahwin of RM58 and balance marriage expenses amounting RM300.

-Held: chief kadi found, after hearing the parties, maskahwin had paid, but he ordered husband pay balance of marriage expenses RM300.

THE END!

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