SHAH ALAM: The government is set to develop a specific formula for Syariah Courts to use in determining alimony rates for children of divorced parents.
Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar said the new formula would resolve long-standing debates over alimony rates and expedite the provision of alimony to children, ensuring they receive it without delay.
"In some other countries, a specialised formula is applied to set child alimony rates, serving as a guide for divorce cases.
"With this formula, the time required to determine alimony rates can be shortened, eliminating the need for the usually lengthy mediation process,” he told a press conference after officiating the closing ceremony of the International Conference on Family Law 2024 here on Thursday (Sept 5).
Mohd Na’im said the practice differs in Malaysia, where courts must hear testimony from the father and mother, which can take months and is sometimes misused by fathers to prolong the case.
According to him, in some other countries, the court gives a specialised agency the authority to manage and enforce alimony orders, including setting amounts and rates and overseeing the collection process.
When asked if the current 30-day maximum prison term for fathers who fail to fulfil alimony payments as ordered by the Syariah Court should be extended, Mohd Na’im said the existing legal provisions are sufficient for now.
The former Syariah Court chief judge said that based on his experience, fathers who were jailed for not paying alimony as ordered by the court often “give up” after just a day or two in prison.
"I remember a case where the father expected his time in prison to be like a hotel stay. The very next day, he agreed to settle his alimony arrears to be released immediately,” said Mohd Na’im. – Bernama
