Muslim Women in Malaysia Entitled to Maintenance Without Divorce, Say Syariah Lawyers

Muslim women in Malaysia have the legal right to claim financial maintenance from their husbands even while still married, the Vibes reported citing Syariah legal experts. This entitlement is protected under Islamic law and the Islamic Family Law statutes in various states.

Syariah lawyer Marlina Amir Hamzah explained that laws such as the Islamic Family Law (Federal Territories) Act 1984 and the Selangor Islamic Family Law Enactment 2023 guarantee wives financial support for basic needs including food, shelter, clothing, and medical care. If a husband neglects this responsibility, a wife can file a maintenance claim at the Syariah Court.

The process involves submitting documentation like identity cards and marriage certificates, followed by mediation (sulh). If unresolved, the case proceeds to trial where the court may order maintenance payments. Enforcement mechanisms include salary garnishment, seizure of assets, or committal proceedings.

Marlina noted many women hesitate to pursue legal action due to fear or financial constraints, but stressed that maintenance is a compulsory duty under Islamic law. Syariah lawyer Irsamudin Ikhsan added that arrears can also be claimed with supporting evidence.

The case of Fatiahusna, who endured over a decade without support before successfully obtaining court-ordered maintenance, highlights the importance of legal recourse for neglected wives and children.

Experts urge women facing financial neglect to seek help and assert their rights under both Islamic teachings and Malaysian law.