A Selangor assemblyman has proposed a “one-file-one-process” system for Islamic family court cases.
Permatang assemblyman Nurul Syazwani Noh compared the shariah system with the civil law system, noting that the latter allows the immediate enforcement of court orders once judgment is delivered.
She said that under the shariah court system, applicants in divorce cases must file separate applications for custody, child maintenance, and later for enforcement if earlier court orders are not complied with by the former spouse.
“For example, even after an order for child maintenance is granted, if the father fails to comply, the mother must file yet another application.
“Each step requires a separate filing, which burdens the mother,” she said at the launch of SIS Forum (Malaysia)’s 2024 report on the findings of its legal clinic, Telenisa.
Adding that justice delayed is justice denied, Nurul said that efficiency in the legal system should not be optional as it is a necessity to safeguard the rights of women and children.
“The deeper tragedy lies within the very system itself. The shariah system forces victims onto a winding, difficult path just to claim the rights that Islam has already guaranteed them.
“We need strong, just, and unambiguous laws that protect women and children,” she said.
The 2024 Telenisa Report documented 188 cases, with main issues identified as communication problems leading to marital breakdown, domestic violence, and child maintenance disputes.
Key patterns observed include limited access to legal representation, delays in court proceedings, and widespread confusion about rights in divorce, custody, and post-divorce entitlements.
Also at the launch of the report were SIS Forum (Malaysia) executive director Rozana Isa, activist Marina Mahathir, and Seputeh MP Teresa Kok.
