JAKIM and States Islamic Religious Departments (JAIN) have always been sensitive to issues on oppression of wives and children resulting from husbands defying court orders.

Latest, the Enforcement Division and Prosecution Division of JAIN had agreed in principle to prosecute any party defying the orders of Syariah Court including husbands refusing to pay sustenance and disobeying child custodian order despite the issuance of court order. This is amongst the main conclusion in the Workshop on the Coordination of Enforcement and  Prosecution of Court Order Defiant held from 15 to 17 August 2006 in Port Dickson. The workshop was attended by 56 participants comprising of Syarie Prosecutors and states Religious Enforcement Officers.

 

* Tuan Haji Abdul Latif Ibrahim giving his welcoming speech

 

Tuan Haji Abdul Latif Ibrahim, the Director for Coordination of Legal Enforcement Division JAKIM  in his welcoming speech felt that the workshop is important in the effort to ensure that Syariah Court orders are complied. This is because the court functions to uphold justice whether in criminal matters or mal (civil). As such those found involved in cases of defying court orders will be prosecuted under the Syariah Criminal Law according to the existing provision. As an analogy he brought up an example how some husbands had defied in sustenance cases. This situation of course had brought difficulties to the ex-wife that has to carry the burden of living sustenance and bringing up their children. Therefore, when enforcement action could be executed, the fate of the ex-wife and children will be more assured in the future.

In strengthening the flow of this workshop, a few experienced figures were invited to present their working papers in the various related topics. The workshop began with the event of dinner talk entitled ‘Clarification on Court Defiance Cases : The Experience of the Attorney General Department’ delivered by Tuan Mahamad Naser bin Disa, Head of Civil & Criminal Unit, Advisory Division (Syariah), Attorney General Department. The following programs were presentations of fours working papers as follows:

1. Strength and Weakness of Legal Provisions Relating to Defiance of Court Orders and Contempt of Syariah Court by Tuan Haji Mohamad Sekeri bin Mamat ( Legal Advisor of JAKIM

2. Defying Court Order by Tuan Haji Abdul Walid bin Abu Hassan ( Head Muamalat & Family Unit, Attorney General Department)

3. Defiance of Court Order : Enforcement Procedure by Tuan Zakaria bin Abd Razak (Head Religious Enforcement Officer Perak)

4. Defiance of Court Order : Prosecution Procedure by Tuan Ibrahim bin Deris (Head Syarie Prosecutor, Federal Territory)

 

* Tuan Zakaria Razak and Tuan Ibrahim Deris

As soon as the working paper presentations ended, the participants took part in a brainstorming session that has brought up brilliant ideas like the need to establishing  Guidelines or Procedure of Action on the Fault of Defying Court Order. Besides that, participants had also discussed regarding the work flow of enforcement and prosecution action, technicality aspects of legal and methodology that will be used in promoting this service to the public.

 

 

* Workshop participants comprise of syarie prosecutors and enforcers.