SIS senior legal officer Ireeny Muzammel said it was crucial to acknowledge that while digital certification did address issues of accessibility, it did not necessarily tackle the broader issue of fraudulent conduct involved in marriage or divorce cases.
“The root of the problem often lies in the lack of full and frank disclosure of documents during these procedures. Therefore, merely transitioning to digital formats will not stop these fraudulent practices,” she told FMT.
She said deception was prevalent when obtaining marriage, divorce, and reconciliation (ruju’) certification, especially in instances when husbands wished to seek the shariah court’s permission to take on another wife.
“Though we do not have statistics for this issue, we have received complaints from our clients regarding fraud in document preparation and (the forging of) signatures in court documents,” she said, referring to cases received through SIS’s free legal clinic, Telenisa.
Ireeny said the focus should extend beyond digitalising the certificates to a total “revamping of the entire system”, including taking a centralised approach that spans across every district and state.
She was asked whether other states should replicate an initiative announced by Sabah last week, making it the first state in the country to introduce digital certification for marriage, divorce and ruju’ for Muslim couples who wed there.
Sabah’s science, technology and innovation minister Arifin Arif was quoted by Borneo Post as saying that the initiative was to make it easier for the Muslim community to handle familial affairs.
At the same time, it could reduce deceptive activities related to marriage, divorce, and ruju’ certificates, he added.
Ireeny said if the initiative was rolled out properly, it could provide a convenient solution for Muslim couples encountering logistical challenges by reducing the need for physical presence.
It could also expedite the issuance of the certificates, streamline bureaucratic procedures and reduce processing time, which can take up to six months, depending on the state.
“Digital records are also easier to manage, organise and retrieve, making record-keeping more effective and environmentally friendly,” said Ireeny, adding that this would be useful as paper documents could be damaged or lost in natural disasters.
She said it could also help in cases where a spouse wrongfully takes or steals the marriage or divorce certificate, serving as a protective measure for the other partner.
Drawbacks of digitalised certification
Ireeny said some drawbacks to consider included the fact that it could widen the gap between those with access to technology and those without, potentially putting certain segments of the population at a disadvantage.
Another concern is that a digitalised database could be vulnerable to security threats, data breaches or other cybersecurity issues.
Persatuan Peguam Syarie Malaysia vice-president Moeis Basri supported the initiative, but also raised concerns over data privacy and confidentiality.
“Marital issues are very sensitive and digitalising should not serve as a ticket to allow public access to what may be considered private information, such as the particulars of wives and children,” he said.
When asked if each state with such a digital database could help their respective religious departments share information more efficiently, Moeis said Islamic law and its administration fall under state jurisdiction.
Thus, any effort to enable data-sharing and harmonise the system nationwide might involve obtaining the consent of state rulers, he noted.