PARENT & CHILDREN UNDER

ISLAMIC LAW
Family Law 1 (Law605)

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 TABLE OF CONTENT

⚫A) Concept of Hadanah

⚫B) Rights of Hadinah
⚫C) Rights of guardianship
⚫D) Maintenance of Children

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 ⚫INTRODUCTION

⚫Under Islamic law, custody is regarded as the

right of the child and of the parents especially
of the mother.

⚫The child needs someone to look after his

needs and if the child is of tender years the
mother is the best person to look after.

⚫There 3 types of Guardianship i.e.

Guardianship of person, property and nikah.
But our focus for today’s lecture is on guardian
of person.

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 ⚫HADHANAH
(CUSTODY OF CHILD)

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 DEFINITION
⚫Literal: Hadanah is upbringing.

⚫Maliki: to care the child in his own house his coming

and going and to be responsible for his interest.

⚫Hanafi: to educate a child from those who possess the

right to custody.

⚫(Both definitions are more relevant)

⚫Book `Principle of Muhammadan Jurisprudence’ by

Abd. Rahim:
⚫Is the right to control movement and action of a person
who owing to mental defect is unable to take of himself
and to manage his own affairs i.e. infant, lunatic and
idiot.

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 Authorities
⚫It is reported from Abdullah ibn Amr that a woman
complained to the Prophet (SAW): O Messenger of Allah! My
womb was a resting place for this son of mine, my breast a
drinking place for him and my lap a soothing place for him,
but his father divorced me and wishes to snatch him away
from me’. The Prophet (SAW) said: ‘You have got a better
right to him till you marry someone else’. (Sunan Abu
Dawud).

⚫It is reported from Abu Hurairah that a woman came to the

Prophet (SAW) and said: ‘O Messenger of Allah my husband
wishes to go away with my son while he is doing me some
service. Then the Prophet (SAW) said to the boy: ‘This is your
father and this is your mother. Take the hand of either of
them whom you like’. The boy caught the hand of the mother
and she took him away with her. (Sunan Abu Dawud).

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 RIGHTS OF CUSTODY
(1) Generally, the father is the guardian of
children and he shall maintain the
children.

(1) But the mother will get the custody of the

child up to certain age depends on the
sex of child.

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 ⚫The difference between the mother’s right
and the father’s right is explained by the
Privy Council in:

⚫Imambandi v Mutsaddi (1918)

⚫Under Muslim law, the mother even
though entitle to custody of a person of
her minor child is not the natural
guardian. The father alone or if he is dead,
then his executer is the legal guardian.

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 PERSON ENTITLED TO CUSTODY
⚫Jurists say that on the dissolution of the marriage, the
mother or the female descendant will be preferred than
the paternal side.
⚫The mother is the most preferred to get custody except
if she possesses a bad character.

⚫They based their view on

(1) al-Baqarah 2:233
⚫‘The mother shall give suck to their offspring for two whole
years, if the father desires to complete the term. No soul shall
have a burden greater than it can bear.’

⚫Although this verse is not a direct authority, Jurists

infer that the custody of small child in the first instance
9 shall go to the mother.
 OTHER AUTHORITIES
⚫(2) at Talaq : 6
⚫“Lodge them where you lodge according to your means,
and do not injure them in order that you may straiten
them; and if they are pregnant, spend on them until they
lay down their burden; then if they suckle for you, give
them their recompense and enjoin one another among
you to do good; and if you disagree, another (woman)
shall suckle for him.”

⚫(3) Hadith:
⚫From Abdullah ibn Amr that a woman complained to the
Prophet (saw) that her womb was a resting place of her
son, her breast a drinking place for him and her lap a
soothing place for him, but her husband wishes to snatch
the child away. The Prophet s.a.w said, You have got
better right to take him till you marry someone else.

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 Section 81 (1) IFLA (FT) Act
Persons entitled to custody of a child

⚫Subject to section 82, the MOTHER shall

be of all persons the best entitled to the
custody of her infant children during the
connubial relationship as well as after its
dissolution.

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 DURATION OF CUSTODY
⚫Jumhur: Boy 7 years (mumaiyyiz) until he is able
to fit and cloth himself without assistance of
others.
⚫ If girl until puberty or 9 years

⚫Hanafi: Boy if still breast feeding then mother

shall have right but the right will be transferred to
the father when the boy can clean, cloth himself
without assistance of others. Boy 7 to 8 years and
girl till puberty.

⚫Maliki: Male until attain full power of speech

(speak properly) and some understanding. Female
until she marry or consummate the marriage.

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 ⚫Shafie & Hanbali:
⚫Male 7 years and Female 9 years

⚫After this period Father is entitled.

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 PROVISION UNDER IFLA (FT)
⚫s. 84(1) The right of custody expire if MALE (7
Years) and FEMALE (9 years). But court may
on application by mother extend this- MALE
until (9 years) and FEMALE (11 years).

⚫s. 84(2) after expiring date, the right goes to

father until child reached the age of
discernment (mumayiz), the child shall have the
choice of living with either of the parents, unless
court decides otherwise.

⚫s. 85 custody of illegitimate child is exclusive

right of mother.

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 CONDITION OF HADANAH
⚫Shafie:
⚫(1) Islam
⚫an Nisa: 141 Explicitly deny the right to non-
Muslim but according to Hanafi: not necessary
Muslim.
⚫(2) Sound mind/ majority
⚫(3) Freedom
⚫(4) Trustworthy/piety
⚫(5) Ability to bring up a child, look after him
and protect him physically and morally
⚫(6) Resident- must reside at the same place of
that child.
⚫(7) prohibited degree of relationship to child
(marriage).
⚫(Refer to s. 82 on Qualification)

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 Qualifications Necessary for Custody
⚫Section 82. A person to whom belongs
the upbringing of a child, shall be entitled
to exercise the right of hadhanah if—
⚫(a) she is a Muslim;
⚫(b) she is of sound mind;
⚫(c) she is of an age that qualifies her to bestow on
the child the care, love, and affection that the
child may need;
⚫(d) she is of good conduct from the standpoint of
Islamic morality; and
⚫(e) she lives in a place where the child may not
undergo any risk morally or physically.

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 Section 81(2)
⚫ 2) Where the Court is of the opinion that the mother is disqualified
under Hukum Syarak from having the right to hadhanah or custody
of her children, the right shall, subject to subsection (3), pass to one
of the following persons in the following order of preference, that
is to say-
⚫

⚫(a) the maternal grandmother, how-high-soever;

(b) the father;
(c) the paternal grandmother, how-high-soever;
(d) the full sister;

⚫(e) the uterine sister;

⚫(f) the sanguine sister;

⚫(g) the full sister's daughter;

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 ⚫ Section 81(2)
⚫(h) the uterine sister's daughter;
⚫(i) the sanguine sister's daughter;
⚫(j) the maternal aunt;
(k) the paternal aunt;
(l) the male relatives who could be their heirs as asabah or
residuaries:

⚫Provided that the custody of such person does not affect

the welfare of the child.

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 Section 81 (3) & (4)
⚫(3) No man shall have a right to the custody of a female
child unless he is a muhrim, that is to say, he stands to
her within the prohibited degrees of relationship.

⚫(4) Subject to section 82 and 84, where there are several

persons of the same line or degree, all equally qualified
and willing to take charge of the child, the custody shall
be entrusted to the one most virtuous who shows the
greatest tenderness to the child, and where all are
equally virtuous, then the senior among them in age
shall have the priority.

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 PLACE OF CUSTODY
⚫Normally custody with the mother, then it
must be at a place where she stays during
iddah period (at Talaq: 1) because right of
wife to get accommodation during iddah).
⚫after iddah period: the mother can bring
the child to any place but must be
consented by the father and the father has
right to access the child.

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 How right of custody is lost
⚫83. The right of hadhanah of a woman is lost—
⚫(a) by her marriage with a person not related to the child within the
prohibited degrees if her custody in such case will affect the
welfare of the child but her right to custody will revert if the
marriage is dissolved;

⚫(b) by her gross and open immorality; for example: committed

khalwat or if a mother is working as a GRO

⚫(c) by her changing her residence so as to prevent the father from

exercising the necessary supervision over the child, except
that a divorced wife may take her own child to her birth-
place;

⚫(d) by her abjuration of Islam; for example if the mother

commits apostacy (Hanafi)
⚫(e) by her neglect of or cruelty to the child. For example in Nong
Azman Shah v Ahood Thamar Badei (1997) 11 JH 165
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 Power of Court to make order for
custody.
⚫s. 86 (1) gives power to court to make order for custody.
The court may by order choose to place a child in the
custody of any person or of any welfare association.

⚫s.86(2) in deciding so the Paramount Consideration is

the welfare of the child and subject to that
consideration the court shall regards:
⚫(i) wishes of the parents of the child; and
⚫(ii) the wishes of the child, where he or she is of an age
to express an independent opinion.

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 ⚫s. 86(3) rebuttable presumption that the during his
infancy shall be under his mother.

⚫s. 86(4) where 2 or more children the court shall

not be bound to place both or all in the custody of
the same person but shall consider the welfare of
each independently.

⚫S. 86(5) the Court may, if necessary, make an

interim order to place the child in the custody of
any person or institution or association and the
order shall forthwith be enforced and continue to
be enforced until the Court makes an order for the
custody.

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 ORDERS SUBJECT TO CONDITIONS
⚫s. 87 (1) Court while ordering for custody may
impose conditions.

⚫s. 87(2) the conditions are:

⚫(a) place where the child is to live and as to manner of
his/her education;
⚫(b) under temporary care and control of someone
other than hadinah;
⚫(c) child to visit parent deprived of custody or any
member of the family of the parent who is dead or
has been deprived of custody at such times and
periods considers reasonable;
⚫(d) provides access of child to parents who is
deprived of custody or family of dead parent; or
⚫(e) prohibit person given custody from taking the
child out of Malaysia.
⚫(this is depended on paramount consideration is
welfare of child).
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 EXAMPLES OF CASES

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 Wan Abd. Aziz v Siti Aisyah
(1975) 1 JH 47
⚫Leading Syariah court case in Malaysia on custody.
⚫Parties divorced and they have 2 children. The younger
girl stayed with the father where she was looked after
by her paternal grandmother and the elder girl lived
with the mother. Mother applied for custody of her
younger child. Kadi ruled in favour of her.
⚫However, on appeal, the custody was given to the
father as the child was staying with her paternal
grandmother since she was aged 2 years and 3 months.
⚫Appeal Board was of the view that it would seriously
affect her feelings if she were separated from her
grandmother (whom she has got used to and to love her
grandmother).
⚫Paramount consideration is welfare of the child.

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 Mohammed v Azizah (1979) 1 JH 79
⚫Since divorce, the child had been staying
with the mother that is over 7 years before
the Appellant claimed custody.
⚫The custody of the child was given to the
Respondent after considering among
others, the long period of stay with the
Respondent, the child’s wishes to be with
the Respondent and her satisfactory
progress in school.

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 Zetty Aznin bt Azmi v Abd Mutalib bin
Abdullah [2008] 2 ShLR 109
⚫The court stated that on the basis of the children’s
welfare and their education, the Plaintiff was fit to
become the custodian of her children.
⚫It was further stated that the welfare of the children
was the paramount consideration and the reason why
custody was granted to the mother was because of her
natural motherly instinct and capability of providing
them with love and affection as long as she had not
remarried to a man who had no relationship to the
children, to ensure that they were properly provided
for in their future.

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 Imran Syakir bin Mohamad v Norzihani
bt Yusof [2008] 3 ShLR 46
⚫It was stated that a mother is the
authoritative person to care and educate a
child as it is her nature to love and remain
patient to the needs of her child.
⚫However, this should never deprive the
child from its rights to be fulfilled by the
father whether in material or spiritual
angle.

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 GUARDIANSHIP
⚫Guardianship or wilaya means ‘the
carrying through of a decision affecting a
third person whether the latter wishes or
not.
⚫Guardianship may be of persons or
property.
⚫There are 3 grounds for being placed
under guardianship :
⚫Minority;
⚫Insanity;
⚫Without limit, the state of being female.

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 ⚫3 categories of guardian;
⚫Natural guardian (father of the child);
⚫Testamentary guardian (appoint in testament);
and
⚫Curator (guardian appointed by the court for the
minor, the insane, the idiots, the imbeciles or the
prodigals).
⚫Section 88 IFLA: Persons entitled to guardianship
⚫The father’s father
⚫The executor appointed by the father’s will;
⚫The father’s executor’s executor;
⚫The father’s father’s executor;
⚫The father’s father’s executor’s executor
⚫The conditions these people must meet are that
they be Muslims, adults, sane and worthy of trust.

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 ⚫MAINTENANCE OF CHILDREN

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 ⚫Father is bound to maintain:
⚫(1) minor child until baligh;
⚫(2) unmarried or widow daughter;
⚫(3) adopted child

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 AUTHORITIES
⚫Al Baqarah 2:233
⚫.’.But he shall bear the cost of their food and clothing on
equitable terms. No soul shall have a burden laid on it
greater than it can bear.’

⚫Hadith: The wife of Abu Sufian (Hindun bte Utbah) seek

advice from Prophet (saw) that her husband is stingy and
does not provide maintenance to her and children except
what she took without his knowledge.
⚫The Prophet said: ‘Take from his property what is enough
for your maintenance and the maintenance of your
children.’

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 ASSESMENT OF MAINTENANCE
⚫Islam does not burden, but they must
provide maintenance according to their
means. (al Baqarah 2:233)

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 CAPABILITY OF FATHER TO
PROVIDE FOR MAINTENANCE
⚫Jurist unanimous agreed: Father is solely responsible to
maintain children.
⚫(1) Father must possess capable means or earning.

⚫(2) If the father is not capable, then the obligation will be

transferred to the person next to the father (according to
majority jurists).
Maliki: responsibility is only on the father. Hence, the paternal
grandfather, mother or any other relatives are not obliged to
provide maintenance.

⚫(3) However, the obligation goes to wife if she has capable

means. If not, then it goes to grandfather on paternal side.

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 ⚫(4) Temporary incapability
⚫If later the father can afford to pay
maintenance, then it should be paid as a debt
payable by father.

⚫(5) Permanent Incapability

⚫He shall be released from obligatory as if he is
dead. Cannot claim as debt.

⚫(6) If the father dies, payment maintenance

must be made by paternal side according to
priority.

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 Norila Kader Ibramsah v Mohd Zainuddin
Azhar Ismail (2009) 28 JH 247
⚫D objected of his obligation to maintain
his child on the ground that P (divorced
wife) has agreed to pay the child
maintenance upon divorced and promised
not to claim any financial right from D
after the divorce.
⚫Court rejected D’s objection. Father’s
obligation to maintain is his sole
responsibility and cannot be relinquished
by any willingness by another person to
support the child including the mother.
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 WHAT CONSTITUTE
MAINTENANCE?
⚫Basically consists of 3 essential basic
needs: food, clothing and accommodation.
⚫Some Hanafi and Shafi’i: shall be
extended for the children who are
pursuing knowledge (education).
⚫Al-Shirbini and al-Ramli of the Shafi’i:
include cost of medical treatment and
medicine.

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 DURATION OF MAINTENANCE
⚫(1) Boy
⚫Sunni/: until the age when he can earn a living even
before baligh. But then he can retain the right due to illness
or physical defect.

⚫(2) Students
⚫Sunni: Maintenance shall be provided, the type of studies
must be religious or acceptable by Islam (limited till the
completion of the first degree of tertiary education).

⚫(3) Daughter
⚫Until she gets married or if she is being divorced, then the
father is to provide for her maintenance.

⚫(4) Illegitimate Child

⚫Mother should provide maintenance
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 ⚫(5) Adopted Child
⚫Sec 78 of IFLA- Duty to maintain a
child accepted as member of family (de
facto adoption)

NOTE : De facto means that the child is in the custody of, and
is being brought up, maintained and educated by any person or
a married couple for a period of not less than two (2) years.

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 STATUTORY PROVISIONS
⚫ Sec 72Duty to maintain children
⚫Sec 73 Power of court to order maintenance
⚫Sec 74 Power of court to order security for
maintenance of a child
⚫Sec 75 Power of court to vary order for custody or
maintenance of a child
⚫Sec 76 Power of court to vary agreement for custody
or maintenance of a child
⚫Sec 77 Recovery of arrears of maintenance of a child
⚫Sec 78 Duty to maintain child accepted as member of
family (de facto adoption)
⚫Sec 79 Duration of order for maintenance of a child
till attainment of age 18 (court can extend the
maintenance order to enable for further study etc)
⚫Sec 80 Duty to maintain illegitimate children.

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 EXAMPLES OF CASES

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 Khalid v Halimah (1978) 1 JH 69
⚫A divorced wife claim maintenance for
her 4 children who were in her custody.
She was a teacher and her husband was a
business man. Father had been paying
RM100 a month for maintenance of
children. Kadhi ordered father to pay
RM170 per month but on appeal, the
amount reduced to RM120.00.

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 Abd. Hamid v Maimunah (1979) 1 JH 71
⚫Wife claimed maintenance for 3 children. She claimed
the husband who worked as a rubber tapper earned
$300.00 a month and claimed for $100.00.
⚫Husband claimed that his income was only $100.00. No
evidence was adduced to this effect but the Kadhi
ordered for $90.00.
⚫On appeal it was held: order by Kadhi was not
according to Islamic law under which the wife must
produce evidence and husband who denies the claim
has to take an oath.
⚫Court ordered husband to take an oath to say his
income was not $300 a month. If he took an oath, the
learned kadhi should vary the order to $60 a month. If
husband refused to take the oath, the decision of kadhi
would remain.

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 Zainuddin v Anita (1979) 4 JH 73
⚫Chief Kadhi ordered father to pay
maintenance of 2 children $200 per
children a month.

⚫As father had not paid, he ordered arrears

of $3000.00.

⚫The appeal board confirmed the order

made by Kadhi.

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 Roslaili v Ahmad Azman (2006) 21 JH
101
⚫The divorced wife claimed maintenance
for her three sons aged 14, 10 and 8 years.
⚫Syariah Court held that father is liable
under Islamic law and ordered him to pay
RM 300 a month for maintenance of 3
children plus allocation for their education
and Eid celebration.

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 Nor Halwani v Muhammad Fathil [2017] 3
ShLR 59
⚫Amongst the issues for determination:
⚫Whether D was a person liable, or not, to bear maintenance
of a child based on Hukum Syarak and the law;
⚫Whether D was financially capable of providing the
maintenance of the welfare and educational needs of the
children.
⚫Court held: based on the authorities cited, it was clear that
the responsibility to maintain the child was on the father.
⚫D as a doctor earn more than RM 5k was never declared a
bankrupt and had the capacity to bear all the needs of the
children.
⚫Based on the above, court order D to pay the monthly
maintenance of RM 2,000 each month by D’s monthly
salary deduction by 30th of each month and deposited in
P’s account. D was also ordered to provide further
maintenance for entire school’s annual tuition and fees, for
annual celebration expenses of at least RM2,000 annually
before 15th Ramadhan.
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 Maryam bt Abdullah v Hithir bin Rashid
[2006] 1 ShLR 141
⚫P filed an application to increase (vary) the
amount of maintenance of 2 children from
RM 200 to RM 1,000 on the ground that
the children were growing and require
school expenditure, food and clothing.
⚫The court ordered D to pay the sum of
RM 600 per month to the children.

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 Rohana bt Ahmad v Mohd Faizal bin
Ismail [2009] 3 ShLR 92
The parties divorced in 1998 with 3 children (aged 13 to 8)
staying with the Plaintiff,the divorced wife. She applied for a
sum of RM1,350 plus RM1,000 annually for schooling and
festival expenses. The defendant was at that time a Senior
Technician III at a Hitachi factory with a salary of RM1,880
and a fixed allowance of RM160 per month. He had
remarried and had other responsibilities.
The court held that the appropriate amount of maintenance
is based on the means of the person, that is , the father and
the needs of the child is a factor to be taken into
consideration. The scope of maintenance would include a
dwelling home, clothing, food, medicine and education. The
court had to determine a just and reasonable amount and
only basic necessities would be considered excluding the
excess claims or those which were optional.
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 Rohana bt Ahmad v Mohd Faizal bin
Ismail [2009] 3 ShLR 92 (cont’d)
On this basis, the court ordered the defendant to pay
RM300 per month to his children. He also had to bear
the cost of their education and medical expenses. And as
for medical expenses, preference would be given to
treatment in government hospitals. Where treatment
was required from a private clinic, it would be with the
consent of the defendant.

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 ⚫Whether a father is obliged to pay
arrears of maintenance of children?

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⚫ The IFLA provides for the father’s duty to pay
arrears of maintenance in the case where he
failed to do so especially after the order of the
court has been made.

⚫ The IFLA refers to section 69 on payment of

arrears of maintenance to the wife when
providing for payment of arrears of
maintenance to the children.
⚫ Section 77 of IFLA provides;
⚫ “Section 69 shall apply, mutatis mutandis and
according to Hukum Syarak, to orders for the
payment of maintenance for the benefit of a
child.”
(Cross refer with section 69 of IFLA)
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 EXAMPLES OF CASES

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 Sri Utama Dewi Kasman v. Abu Bakar bin
Abdullah (2010) 30 JH(1) 111
-In this case, the court allowed an appeal made by the
appellant (mother) who, among others, appealed on
maintenance of her son. The appealed court ordered
the respondent (father) to pay RM300 per month and
RM200 for Eid festival celebration expenses every year
starting from April 2005. The court also ordered the
arrears of maintenance from April 2005 to June 2008
plus Eid festival celebration expenses in 2005, 2006 and
2007 to be paid in cash by the father.

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 Aidorra bt Ibrahim v. Azman bin
Abdul Jalil (2008) 2 ShLR 140
⚫The applicant sought for a judgment debtor summons to compel
the respondent to pay the arrears of maintenance amounting to
RM12,750. In this case, the applicant contended that the
respondent had failed to comply with the order of the court that
ordered him to pay RM600 per month to his children since
March 1999 until March 14, 2006.

⚫The court, among others, held that the act of the respondent in
neglecting his own children but prioritizing the step child and
his in-laws is contrary to Hukum Syarak. His primary duty is to
provide maintenance to his own children first and thereafter to
other persons.

⚫The court accordingly ordered the respondent to provide

maintenance for his children including the arrears vide
attachment of his earnings from the employer.
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 Norzaini bt Alias v. Mohamad Sharif bin Mohamad Taib
(2003) 16 JH (2) 101; [2006] 4 ShLR 154

⚫The plaintiff applied for maintenance for her 13-year-old child plus
its arrears since she was born, of whom the father had denied
paternity.

⚫The court held that the child who was born after ten and a half
months from the date of the marriage belongs to the defendant as
there was intercourse between the plaintiff and the defendant after
their marriage. The court was of the opinion that the father is duty
bound to provide maintenance to the child according to the hukum
syarak based on his ability and means inclusive of food, clothing,
dwelling, schooling and medical expenses.

⚫Accordingly, the court ordered the defendant to pay RM200 per

month to his child. Nevertheless, the court rejected the application
for arrears of maintenance as the plaintiff had agreed during the
divorce that she would not claim any amount of maintenance for
her child after the divorce. Therefore, the arrears of maintenance
will not become a debt owing which is to be paid by the defendant.
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 ⚫MAINTENANCE OF PARENTS

58
 AUTHORITIES
⚫Al An’am 6:151
⚫“…be good and dutiful to your parents”

⚫Luqman 31:14
⚫“And We have enjoined on man (to be dutiful and good) to his
parents”

⚫Hadith: A man came to Allah’s Messenger and said, “O Allah’s

Messenger! Who is more entitled to be treated with the best
companionship by me? The Prophet said “your mother.” The man
said, “who is next?” The Prophet said, “Your mother.” The man
further said, “who is next?” The Prophet said, “Your mother.” The
man asked (for the fourth time), “Who is next?” The Prophet said,
“Your father.”
(narrated by Ahmad, Abu Dawud and Tirmidhi).

⚫The above evidence that the duty of a child to provide maintenance

to parents is one of the manners to be good and dutiful to parents as
imposed by Islam.

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 STATUTORY PROVISIONS
⚫Sec 60 Power of Court to order Maintenance of certain
Persons
⚫The above provision empower the Syariah Court to order
payment of maintenance against any person who is liable
thereto according to Hukum Syarak. The payment of
maintenance is for any person who is incapacitated, wholly
or partially, from earning a livelihood by reason of mental
or physical injury or ill-health.
⚫In exercising the above power, the Syariah Court is also
empowered to order payment of maintenance against the
male heirs according to the order of asobah in Islamic
inheritance except if the male heirs are proven to be
unable to provide maintenance, then, such liability would
be shifted to the Baitulmal.

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 EXAMPLES OF CASES

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 Khalil Ahmad v Kamal Khalil [2004] CLJ
(Sya) 451
⚫the application for maintenance therein
was instituted by a father (the plaintiff)
against his son (the defendant) who was
working as a lecturer.
⚫Seremban Syariah High Court judge,
Hussin Harun H, after considering the
plaintiff capability to self support and the
defendant’s income and capacity, ordered
the defendant to pay, amongst other, a
sum of RM200 per month as maintenance
of the Plaintiff.
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 Kassim bin Othman & Anor v Raja Suzana
binti Raja Kassim & Anor [2010] 30 JH 299
⚫The aged parents make an application in
Syariah High Court claiming for lifetime
maintenance against their most successful
children in the family and her husband.
⚫In pursuant to settlement of parties and
taxation of the Registrar of the Court, the
Syariah Court ordered, amongst other, the
1st Defendant (the daughter) to pay the
plaintiffs RM250 a month each as their
maintenance and enforceable until their
death.
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 ⚫THE END
⚫THANK YOU
⚫Any Questions?

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