Govt planning shariah law changes to tackle unpaid nafkah

The Malaysian government is considering alterations to the law to streamline the process for shariah courts to enforce nafkah, a term encompassing the financial support a person is legally obligated to provide for a spouse, former spouse, or children, contingent on the situation. Nafkah encompasses essential necessities like food, housing, and other living expenses.

Deputy Religious Affairs Minister Marhamah Rosli disclosed that the shariah judiciary department (JKSM) is also contemplating measures to ascertain whether prospective spouses have a history of failing to pay nafkah in the past. Muslim men aspiring to marry multiple wives would need to apply for approval from the shariah court, where the court would evaluate their capacity to support their existing spouses and children.

Although the courts possess the authority to mandate salary deductions, asset seizure and sale, or incarceration for non-compliance with nafkah obligations, these actions necessitate a court order and cannot be enforced arbitrarily. The JKSM's family support division strives to resolve a minimum of 75% of unpaid nafkah cases annually.

To enhance the resolution of such cases, the division collaborates with entities such as the Employees' Provident Fund, the Social Security Organisation, the Inland Revenue Board, and the national registration department to identify those evading their maintenance responsibilities. The ministry is also investigating ways to bolster financial aid for families anticipating maintenance payments, including non-repayable assistance, although those mandated to pay maintenance will continue to bear the responsibility of fulfilling their obligations.

Marhamah's remarks respond to a query from Zulkifli Ismail (PN-Jasin) regarding the government's strategy to address shariah court disputes concerning unpaid nafkah that have lingered for extended periods. In June, women's rights organization SIS Forum (Malaysia) recommended the enactment of a federal law and establishment of a specialized agency to assist Muslim and non-Muslim women in recovering unpaid maintenance.

The organization's legal clinic, Telenisa, managed 869 child maintenance cases and 170 spousal maintenance cases between 2016 and 2025.