Syariah law amendments to address failure to pay nafkah in Federal Territories

KUALA LUMPUR: Syariah civil procedure laws in the Federal Territories are being amended, with measures to address non-compliance with nafkah orders among the proposed changes.

Deputy Minister in the Prime Minister's Department (Religious Affairs) Marhamah Rosli said the Syariah Judiciary Department Malaysia and the Federal Territories Syariah Court are drafting the proposed amendments.

"This includes studying how existing provisions and enforcement procedures can be improved so that action against those who purposely defy orders can be carried out more effectively," she told the Dewan Rakyat today.

Marhamah was responding to Zulkifli Ismail (PN–Jasin) regarding the government's efforts and firm measures to address delays in Syariah Court proceedings, particularly in alimony and child support claims that have remained unresolved for years.

She said the department was also reviewing the advanced nafkah mechanism and non-repayable maintenance assistance provided through the Family Support Division.

She said such assistance did not absolve the party legally responsible for paying nafkah of that obligation.

Marhamah said failure to comply with a nafkah order should not be taken lightly, as it amounted to defying a court order.

Depending on the circumstances, enforcement measures include judgment debtor summonses, seizure and sale of property, hiwalah proceedings involving the transfer of payment claims, and committal to prison.

She explained that enforcement action, including imprisonment, was not carried out automatically by the division but had to follow the judicial process and be based on a court order, after the facts and extent of non-compliance in each case had been considered.