 |
| Hrmas index ERA |
Abstract
Responsibility to pay for children maintenance is the responsibility of a father, but there are many cases of his failure to do so. This failure can harm the children as well as an ex-wife whom receiving the custody. Therefore, the purpose of this study is to investigate the procedure to claim the rights under the Syariah law in Malaysia generally, and in Penang particularly. In the Shariah Court, many cases claiming for maintenance always schedule later after reconciling case of divorce, which as a result put a delay in restoring maintenance for the children. In the meantime, there were cases where the father was negligent and failed to pay for his son's maintenance for several months. Therefore, the study is trying to highlight the strategy to get the debt as well as the procedure for a custodian to do a claim. The study was done qualitatively by reviewing theories, procedures as well as facts from books, journals, legal documents as well as statistical reports. The data was gathered through library research as well as interviews. Then they were analysed using content analysis to get a reliable finding. It was found that many cases of maintenance default were filed all around states in Malaysia. It involves a large number that has put a strain on children and custodian. Penang Syariah courts have taken an essential move to set up a Family Support Division to help certain wife in claiming the right of her children. Through judgement debtor summon and judgement notice, the shariah court can force a possible father to carry out his religious responsibilities in full of consciousness. Through these law enforcements, a father may be imprisoned for a month or several months according to the default months to pay the arrears. This environment can be a motion for a father to follow the court order and his responsibility in full and on time.
Keywords:
maintenance, mandatory,
children, Islamic law, responsibility, nafkah
0 comments:
Post a Comment