JKSM Proposes Checks On Prospective Spouses’ Maintenance Records

KUALA LUMPUR, Oct 26 (Bernama) -- The Department of Syariah Judiciary Malaysia (JKSM) has proposed a mechanism to check the records of prospective spouses regarding nafkah (maintenance) payments through the Family Support Division (BSK) as an early preventive measure to protect the rights and welfare of families.

Deputy Minister in the Prime Minister’s Department (Religious Affairs) Marhamah Rosli said the proposal was in line with the principle of sadd az-zara'i', which means blocking the means that could lead to harm. 

“For those intending to practise polygamy, an application must be submitted to the Syariah Court and approval is subject to several conditions, including the applicant’s financial capability and ability to fulfill maintenance obligations. These will be assessed to ensure that the rights and welfare of existing wives and children, as well as the prospective wife, remain protected,” she said during the question-and-answer session at the Dewan Rakyat today.

She was replying to a question from Zulkifli Ismail (PN-Jasin), who asked about the government’s efforts and firm mechanisms to address delays in Syariah Court proceedings, particularly cases involving spousal and child maintenance claims that have remained unresolved for years.

Marhamah said the Federal Territories Syariah Court was also taking steps to amend the Syariah civil procedure laws to address the issue of non-compliance with maintenance orders.

She said the move includes examining areas where existing provisions and enforcement procedures could be improved to ensure more effective action against those who deliberately disregard court orders.

She added that JKSM was also reviewing improvements to mechanisms for providing advance maintenance payments and financial assistance that eligible recipients would not be required to repay, to ensure aid could be channelled more effectively to those in need.

“However, such assistance does not absolve the responsible parties or those legally obligated to provide maintenance of their duties,” she said.

Marhamah said comply with a maintenance order was a serious matter as it constituted non-compliance with a court directive.

She said the court could take action against the judgment debtor’s funds or assets under existing legal provisions, including income attachment orders involving salary deductions by employers, to enforce the maintenance payments.

“Any action, including imprisonment, is not carried out automatically by the BSK, but must instead undergo the judicial process and be based on a court order, following a careful review of the facts and the nature of the non-compliance involved in each case,” she added.

-- BERNAMA