DUTY OF PATERNAL FAMILY MEMBERS IN THE MAINTENANCE OF CHILDREN ACCORDING TO SECTION 73(2) OF ISLAMIC FAMILY LAW (SELANGOR) ENACTMENT 2003

Abstract

Section 73 of Islamic Family Law (Selangor) Enactment 2003 provides that it is the duty of the paternal family to provide maintenance to the children in the event of the father’s death, missing in action or suffers from any disabilities. However, the efficiency of this provision depends on the understanding and application by the courts and the person who is said to be liable under ‘hukum syarak’. Currently there is not many studies conducted on the efficiency of this provision in solving cases where there is a failure to provide maintenance to children in the circumstances stated above. This study analyses the application of section 73 of Islamic Family Law (Selangor) Enactment 2003 with the aim of looking into the efficiency of this section in solving the issue children’s maintenance. The study adopts a qualitative method that involves doctrinal study, arm-researcher approach and semi-structured interviews. The provision, scope and jurisdiction of section 73 of Islamic Family Law (Selangor) Enactment 2003 is analysed in detail. The semi-structured interview delves into the current practice of the court in the Federal Territories where the views of selected respondents ranging from the judges in the Shariah courts in the Federal Territories, Shariah law practitioner, and academics. This study finds that the existing laws are somewhat insufficient in addressing issues of child maintenance and lack of awareness on the claimant (mother and children) on the responsibility of the extended family. The study proposed some recommendations for some reforms of the current law and practice.