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Malaysia reviews Islamic Family Law Bill, considers parent maintenance rules

JAKIM reviews Islamic Family Law Bill with focus on maintenance for infirm parents, expected to be tabled in Parliament in March next year.

KUALA LUMPUR: The Department of Islamic Development Malaysia (Jakim) is conducting an in-depth review of the draft Islamic Family Law (Federal Territories) Bill, which includes assessing whether the provisions on the maintenance (nafkah) of infirm parents should be refined.

Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar said the bill is expected to be tabled in Parliament in March next year.

He said the comprehensive review was being undertaken to ensure the provisions are in line with the principles of Islamic law and responsive to the current realities of the Muslim community in the country.

“The review allows the government to take a more comprehensive look at whether the existing provisions are sufficient or require further scrutiny.

“The preparation of the draft laws is currently being carried out actively through legal scrutiny, stakeholder engagement and technical review to ensure they truly meet the needs of the community and (align with) the principles of Islamic law,” he said during the Minister’s Question Time at the Dewan Rakyat today.

He said this in response to a question from Aminolhuda Hassan (PH-Sri Gading) on measures taken by the government to improve existing provisions in Islamic family law, making it mandatory for children to support their parents, particularly when they are infirm, without income, or unable to support themselves.

Mohd Na’im also said that the government, through the Department of Syariah Judiciary Malaysia, was working on the Syariah Court Bill, which would include clearer and more specific provisions on parental care and maintenance.

“This effort aims to ensure that the Syariah court has the jurisdiction to handle claims relating to the welfare of parents who are infirm or incapacitated in a more effective manner,” he said.

Mohd Na’im said engagement sessions were held with stakeholders to obtain detailed information, discuss practical issues in the field, and ensure that the model provisions being drafted were more practical and implementable.

“Through this mechanism, Jakim can evaluate, coordinate and draft a model law that can serve as a reference for the states, ensuring greater uniformity in the implementation, interpretation and practice of the Syariah courts nationwide,” he said. – Bernama

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