Lawyers: Muslim women can claim for maintenance while still married
KUALA LUMPUR: A bitter reality is faced by some Muslim couples where the husband shirks his responsibilities in providing for his wife and children, especially when the wife is also working.
Such situations often leave wives feeling emotionally overwhelmed as they are forced to handle household, family and financial responsibilities on their own.
For Muslim women facing such issues, there is a way out, says syariah lawyer Marlina Amir Hamzah, who explained that a wife’s rights under Islam are protected by the Islamic Family Law (Federal Territories) Act 1984 and similar laws at the state level.
“For example, Section 73(1) of the Selangor Islamic Family Law Enactment 2023 states that the father is responsible for providing maintenance for his child, regardless of whether the child is in his custody or someone else’s.
“Maintenance includes essentials such as food, drink, shelter, clothing and medical care.
“If the issue of maintenance cannot be resolved through discussion, the wife has the right to file a claim in the Syariah Court, even while still legally married,” she told Bernama.
Unfortunately, she said, many wives do not take this step due to several factors, including a lack of awareness of legal procedures, fear of not being able to afford the cost of filing a claim, and concerns that doing so could worsen the situation.
“For those who still wish to preserve their marriage, they usually avoid this route.
“Imagine a wife filing a maintenance claim in court while still being married – it could lead to arguments and possibly end in divorce.
“However, in certain cases, such as when a woman has been left without support for a long time and is determined to assert her rights, the claim can be filed without waiting for a divorce,” she added.
Meanwhile, Irsamudin Ikhsan, who is also a syariah lawyer, said Islamic family law in Malaysia allows a wife to file not only for current maintenance but also for arrears accrued throughout the marriage.
“These arrears can be claimed if the wife can prove the husband failed to provide maintenance over a certain reasonable period.
“The court will then evaluate the reasonableness of the claim amount.
“Claims must be supported by evidence, such as expenditure records, financial documents and witness testimony if necessary,” he added.
He said if the husband fails to comply with the maintenance order issued by the court, the latter can enforce the order through measures like salary garnishment or even imprisonment.
Such actions, he added, are not merely punitive, but are intended to protect the rights of wives and children who have been neglected.
“This matter is guaranteed under Islamic law and Malaysia’s Islamic legal framework to ensure the welfare of the wife and children is safeguarded if the husband fails to fulfil his obligations.”
