Civil court cannot hear breach of promise to marry involving Muslims, says judge

Civil court cannot hear breach of promise to marry involving Muslims, says judge

Sessions court judge Rohatul Akmar Abdullah says the matter comes under the purview of the Shariah court.

The civil court has no jurisdiction over marriage and engagement of Muslims, says a sessions court judge. (Reuters pic)
SHAH ALAM:
The sessions court here has struck out a suit for breach of promise to marry filed by a Muslim woman on grounds that the subject matter came under the purview of the Shariah court.

Judge Rohatul Akmar Abdullah said she allowed the suit to be annulled as both parties were Muslims.

“The application to strike out the suit by the defendant is allowed as this court has no jurisdiction over marriage and engagement of Muslims,” Rohatul said in her judgment posted on the judiciary’s website.

She said that the prospect of the plaintiff, Nor Shahida Roslin, 25, of succeeding in the suit against Najib Zulkefli, 23, was remote and an abuse of the court process.

The court also awarded RM2,000 in costs to Najib.

FMT understands that Shahida has filed an appeal in the High Court.

In her 13-page judgment, Rohatul said Najib’s action to give oral promises and through text messages was between two Muslims.

“The matter of engagement between Muslims also comes under the state list of the Federal Constitution,” she said.

It was revealed that the couple had met and fallen in love at a government training institute in 2017 and Najib had verbally and through WhatsApp messages promised to marry Shahida.

Shahida, who filed the suit last year, said she asked Najib about the promises made after both left the institute and started working.

Najib, however, evaded her, giving excuses as well as blocking her mobile number and refusing to meet her.

According to Shahida, Najib’s breach of promise left her in a state of depression as they had sexual intercourse during their relationship.

She said the civil court had jurisdiction to hear and decide on her case as there was valid cause of action.

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