Men who flout Syariah Court rulings ordering them to make alimony payments to their ex-wives face the risk of being jailed or having their salaries withheld by the court, said Selangor Syariah Judiciary Department Chief Judge Dr Mohd Na’im Mokhtar.

The responsibility of taking action against the errant men lay with the Syariah Court’s Family Support Division (Bahagian Sokongan Keluarga or BSK), he said.

He said BSK, which had been operational since 2009, was tasked with ensuring that all court orders were enforced and complied with. The very existence of this division, he added, reflected the Syariah Court’s seriousness in dispensing justice effectively.   

“Since its establishment, BSK has helped many women and children to receive their rightful financial support. Each time the court orders a man to pay alimony, the division will monitor him to ensure that he fulfils his obligation.

“If it finds out that he had failed to make the alimony payments, his ex-wife or wife will be told to make an official report to the BSK to enable action to be taken against the man,” he told Bernama .  

     

Big difference

   

Mohd Na’im was commenting on a recent report which quoted Associate Prof Dr Ahmad Martadha Mohamed, who is dean of Universiti Utara Malaysia’s College of Legal, Government and International Studies, as saying that the Syariah Court had to act more firmly and fairly when handling alimony cases, especially if they were filed by divorcees with children.

In the report, Ahmad Martadha had asked what kind of action the Syariah Court had taken, besides directing their employers to have their salaries deducted, to rein in men who had failed to make alimony payments.      

Mohd Na’im said there was a big difference between Syariah and Civil Courts as the latter did not have a special unit or agency to help women or children to secure the alimony granted to them and their only recourse was to file for enforcement action.

“In the Civil Court, a woman can file for enforcement action on her own or through a lawyer. But hiring a lawyer means more expenses for the woman and it will increase her financial burden.

“In the Syariah Court, it is different as the BSK’s services are offered free of charge. The division not only monitors compliance with alimony orders but also ensures that the ex-husband or father fulfils his obligations as ordered by the court,” he said.

Cooperation

Mohd Na’im said the division also made it a point to work closely with various government agencies and departments to detect the whereabouts and places of employment of the men concerned so that summons could be issued to them when the need arose, and to initiate court proceedings to withhold their salaries.  

“Among those cooperating with the BSK are the Road Transport Department, Companies Commission of Malaysia,  Malaysian Administrative Modernisation and Management Planning Unit, Public Services Department, police and National Registration Department.    

“The Syariah Court’s duty does not end with just issuing orders but it also enforces its rulings to ensure that alimony orders don’t remain on paper. The court also helps women and children to get whatever they are entitled to,” he said.

Three important roles

Elaborating on the BSK’s set-up, Mohd Na'im said it has three units, each tasked with an important role. The first unit offers advisory and legal services, the second handles fund management while the third takes care of enforcement and compliance with court orders.    

He said those encountering problems over alimony payments could seek out BSK’s advisory services and furnish the division with the relevant details.

The ex-husband or husband (in the case of women whose husbands have walked out of the marriage or deserted them and their children) is then called to provide an explanation and settle the outstanding payments due to his ex-wife - all this is done without bringing the man before the judge.

“Some ex-husbands or husbands are willing to make the alimony payments to avoid being dragged to court or jail but there are some who remain stubborn and refuse to heed the court order. In such cases, the BSK will initiate action against the men concerned,” he said.

This is where the enforcement and compliance unit comes in - it helps ex-wives to go about enforcing alimony orders if the advisory services unit is unable to strike a deal with the ex-husbands or husbands concerned.

The enforcement and compliance unit, said Mohd Na’im, could deploy various mechanisms to nail down the errant ex-husband, such as withholding his income, seizing his property, garnishing (legally, it means serving notice on a third person for the purpose of legally seizing money belonging to a debtor or defendant) or, finally, instituting proceedings to imprison him.

Mohd Na’im also explained that a revolving fund has been set up through BSK’s fund management unit, from which payments were advanced to divorcees or their children whilst enforcement proceedings were being heard in court.

“The ex-husband or husband must repay all the money advanced to his former wife or their children,” he said.

Withholding of income

According to Mohd Na’im, the BSK also took on the task of initiating action to withhold the incomes of individuals who refused to comply with alimony orders issued by the court.

“It’s easier to go about withholding their salaries if they are civil servants. If they remain stubborn, then we will send them to jail through a warrant of arrest issued by the court,” he added.

Between 2013 and 2015, a total of 72 cases were recorded at the Lower Syariah Court in Selangor involving applications to withhold salaries.

This year, as of March 12, there was a backlog of 16 cases in Selangor involving alimony claims, and six cases involving applications to withhold salaries.

Mohd Na’im said BSK also helped to provide lodgings to women who had to travel quite a distance to attend court proceedings.

“Sometimes we have women living in Kelantan, Kedah or Perlis who are required to come to the court in Selangor. We provide them with a place to stay and food, and we also bear their transportation costs.

“We don’t want them to use the lack of money or a place to stay as an excuse not to pursue their struggle to claim what is rightfully theirs,” he said.

- Bernama