Soalan Lazim

When the judgment or order will be issued after the case is finished?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 02:01:42 GMT

Judgment or order will be issued within a week after the case is finished with the application. Court Order will be issued when the application issued an order made with the prescribed fee. The parties involved in a court order are advised to apply for the order immediately (after the case is completed). Court judgement or written order is very important for the application of enforcement order.

Why the Court did not pay maintenance while the order has been issued?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 02:01:17 GMT

The Court is only empowered to issue an order to the husband to pay the maintenance and any other reliefs. Payment comes from the husband not from the court. If the husband does not pay as ordered, his wife and children concerned may apply to the enforcement of maintenance orders in the court. The Court will issue an enforcement order in the form of either payment by salary deduction or imprisoned etc as requested.

Why someone is not allowed to see and complain directly to the judge?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 01:59:08 GMT

You are not allowed to see and complained to the judge to avoid unfairness (bias). Time to see the judge when your case is called/tried in the court chamber during the court session. If you have any matters relating to the trial or the case, you may see the Registrar or Assistant of Registrar.

What type of registration of civil case?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 01:58:18 GMT

Terdapat 2 jenis pendaftaran kes MAL yang boleh dibuat di Mahkamah Syariah iaitu:

a) Tuntutan
b) Permohonan

Tuntutan ialah tiap-tiap tindakan atau prosiding kes mal yang dimulakan dengan Saman beserta penyata tuntutan. Pernohonan ialah tiap-tiap tindakan atau prosiding kes mal yang dimulakan dengan notis permohonan beserta afidavit sokongan.

What are the conditions of a case be registered in the Syariah Court?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 01:56:32 GMT

All Muslims who are legally married according to Hukum Syara’ and domiciled in a country can register the application or claim in any Syariah Court where they are resident.

What are the reasons for the delay of cases occur in Sharia Courts?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 01:55:38 GMT

a) Summons / Application can not be delivered to the Defendant / Respondent.
b) Affidavit is not filed when the delivery is made outside of Negeri Sembilan.
c) Plaintiff or Defendant're waiting for out of court settlement.
d) Plaintiff or defendant for failing to ask tough holiday release from the employer.
e) Plaintiff or Defendant're waiting for medical leave.

f) Plaintiff or Defendant're waiting for emergency leave.
g) Plaintiff or Defendant're waiting for to appoint a lawyer.
h) Plaintiff or defendant to seek respite for filing.
i) Plaintiff or Defendant're tough because witnesses could not be subpoenaed.
j) Plaintiff or Defendant're tough because witnesses could not attend.
k) Lawyers're waiting for medical leave.
l) Lawyers're waiting for emergency leave.

m) Lawyers're tough because there are cases in which a higher court.

n) Lawyers're waiting for a date to be set to overlap with the earlier date.
o) Lawyers're waiting for the required documents are not yet available.
p) Lawyers're waiting for the client's instruction.
q) Summons to OKT can not be delivered.
r) Warrant of arrest can not be delivered.
s) Affidavit to be filed when OKT is not involved overseas.
t) Prosecutors can not provide current address OKT.
u) Judge emergency leave.
v) Judge sick leave.
w) Judges adjourned the case for reasons pihak-pihak/peguam absent without reason.
x) Judges adjourned the case for reasons of administrative.

How long the process calls for a mention after the case is registered?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 01:54:26 GMT

Usually, mention will be made within 21 days after registration was completed.

When a divorce certificate will be issued?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 01:51:31 GMT

The issuance of divorce certicate is under jurisdiction of District Islamic Religious Office. Court will not issue divorce certificate.

What is divorce under ta’liq or stipulation and how stipulation will take place?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 01:50:37 GMT

Stipulation means a promise expressed by the husband after solemnization of marriage in accordance with Hukum Syara’ and the provision under the State Islamic Family Law Act/Enactment/Ordinance. Divorce under ta’liq or stipulation can be granted upon breach of stipulation and after complaint was lodged and certified by the Court.

What are the rights of husband and wife after divorce?

nizam@esyariah.gov.my (Khairul Nizam bin Talkili) — Wed, 25 Aug 2010 01:49:50 GMT

Rights can be claimed in the Syariah Court after a divorce occurs are:

maintenance of wife
mut’ah or consolatary gift
harta sepencarian or property jointly acquired by husband and wife during the subsistence of marriage
hadhanah or custody of children
maintenance of children
arrears of maintenance
right of accomodation