He said when the shariah court received a divorce application, with both parties agreeing on the alimony, then the shariah judge would make the decision on both matters simultaneously.
He said it was recommended in Islam that couples who intended to file for divorce should find a way of reconciliation by discussing any matter related to the alimony.
“The best way is for the husband and wife to agree to the alimony before filing for divorce,” he told a press conference today.
He was responding to a proposal by the government for shariah court judges to deliver divorce and alimony decisions simultaneously to prevent the issues from being dragged too long to the point that ex-wives and the children were victimised.
Na’im suggested that the Syarie Lawyers Association play a role by advising their clients to find a way of mediation to settle their applications for divorce and alimony.
“This will facilitate the divorce application process and alimony claims so that they will not take too long. The shariah court has set key performance indicators (KPIs) for the settlement of alimony claims — we must settle them within two years,” he said.
In cases where both parties can reach a mutual agreement, Na’im said the shariah court would issue a divorce order first to avoid further delay in settling the case.
“In this situation, the shariah court will determine the actual income of the husband before making an assessment on the alimony to be paid to the ex-wife and children.
“This will ensure justice for the ex-wife and children. Pending disposal of the case, the court will issue a temporary order on alimony,” he added.
For the alimony claim, the process was based on Section 60 of the Islamic Family Law (Federal Territories) Act 1984, which stipulates that the ex-wife must inform the court of her ex-husband’s total income and property, as well as her needs and that of her children.
“During the hearing, the shariah court will need the information, along with the documents. This will enable the court to assess the amount of alimony required by the ex-wife and children,” he added.
‘Freeze Tabung Haji account’
Na’im also proposed that accounts of Tabung Haji (TH) depositors who failed to pay “nafkah” (alimony) to their ex-wives and children be frozen.
This will ensure every depositor, who was a prospective pilgrim, was debt-free.
He said the Malaysian shariah judiciary department (JKSM) would hold a meeting with Lembaga Tabung Haji next week to discuss the matter.
Na’im said JKSM was also planning to meet with Permodalan Nasional Bhd (PNB) to make a similar proposal.
“After meeting TH, we will meet with PNB to propose to freeze the shares of any individual who fails to pay alimony to his ex-wife and children,” he said.