Marriage and divorce for Muslim couples.
Добавлено: 27 янв 2009 13:19
FOR Muslim marriages, divorcing couples must first check with the Religious Office(Jabatan Agama Islam), Legal Aid Bureau or any practising Syariah lawyer for differences in the State Muslim Family Law before proceeding.
It is believed a court may subject a man to 'hukum syara' in order to pay mainteinance to his former wife under the Islamic Family Law.
There are reportedly two types of mainteinance the wife can apply for. First, she is intitled to 'nafkah eddah' -a maintenance to be paid by the husband for three months and 10 days after the divorce.
If the wife is pregnant (by the husband), the nafkah eddah is for the duration of the pregnancy.However, this will be withdrawn if she is living in adultery during this eddah period.
The wife is also entitled to compensation -nafkah mutaah or referred to as 'wang ganti rugi' which is a one -off payment.This is granted especially if she is divorced without just cause.
The court, in deciding on this one off payment, will take into consideration the effect of the divorce on the wife, her ability to work and afford a living, her health and such like.
If the husband cannot afford to pay the nafkah mutaah at one go, he can arrange for monthly payments.however, both these types of mantenance will not be given if the wife is declared as nusyuz or if she remarries.
Nusyuz means the wife has been 'disobedient' or 'recalcitrant' towards her husband -for instance, leaving the home against his will, leaving house without his permission, refusing to move into another place with him or associating with him. For both civil and Muslim marriages, the wife can submit an application for mantenance at the same thime while submitting an application for divorce.
-взято из http://www.theborneopost.com/?p=46946
It is believed a court may subject a man to 'hukum syara' in order to pay mainteinance to his former wife under the Islamic Family Law.
There are reportedly two types of mainteinance the wife can apply for. First, she is intitled to 'nafkah eddah' -a maintenance to be paid by the husband for three months and 10 days after the divorce.
If the wife is pregnant (by the husband), the nafkah eddah is for the duration of the pregnancy.However, this will be withdrawn if she is living in adultery during this eddah period.
The wife is also entitled to compensation -nafkah mutaah or referred to as 'wang ganti rugi' which is a one -off payment.This is granted especially if she is divorced without just cause.
The court, in deciding on this one off payment, will take into consideration the effect of the divorce on the wife, her ability to work and afford a living, her health and such like.
If the husband cannot afford to pay the nafkah mutaah at one go, he can arrange for monthly payments.however, both these types of mantenance will not be given if the wife is declared as nusyuz or if she remarries.
Nusyuz means the wife has been 'disobedient' or 'recalcitrant' towards her husband -for instance, leaving the home against his will, leaving house without his permission, refusing to move into another place with him or associating with him. For both civil and Muslim marriages, the wife can submit an application for mantenance at the same thime while submitting an application for divorce.
-взято из http://www.theborneopost.com/?p=46946