Methods of enforcement of mut’ah order in the State of Terengganu, Malaysia

• Main Authors: Noor ‘Ashikin, Hamid, Kamaliah, Salleh, Noraida, Harun, Asiah, Bidin, Mohd Norizan, Abd Ghani
• Format: Conference or Workshop Item
• Language: English
• Published: 2018
• Subjects: K Law (General)
• Online Access: http://eprints.unisza.edu.my/1538/1/FH03-FUHA-18-17551.pdf; http://eprints.unisza.edu.my/1538/

Other than her rights to request for nafkah, a woman who has been divorced without any justifiable cause may request for mut’ah or a compensation from the Court and the Court may, after hearing the reasons from all parties and is satisfied that the woman has been duly divorced without any justifiable cause, order the husband pay a just and reasonable amount of money to the divorced wife according to the Syarak Law. Even in cases where mut’ah orders were granted from the Syariah Court, the divorced wives would end up disappointed and fed up because unnecessary hardships were often caused due to the act of missing ex-husbands and inadequate enforcement of the mut’ah order by the Syariah Court. This paper examines methods of enforcement of mut’ah order and issues arising from its implementation in the State of Terengganu. The study adopted qualitative methodology where data were collected through library research and semistructured interviews with interviewees. It is found that the weaknesses of the enforcement and execution of court orders can contribute to the non-compliance with such orders, especially to the ones relating to mut’ah.