Divorce Malaysia style!
December 10, 2009 |12:36 | By : Team X
The marriage lasts only a short while, but the alimony seems to take forever. Wan Ismail Wan Jusoh’s (Melor assemblyman) high-profile divorce is again featured in the news. Another recent high-profile divorce is that of air stewardess Noraini Md. Don and her ex-husband, Mohamed Rithuan Moheamed Shamsudin.
Before long, the settlements sought by both these ex-wives will again cause morbid fascination with the public; only because the amounts claimed run into millions. But what of the other tens of thousands divorcees?
People conveniently forget that monetary compensation, however excessive, does not necessarily alleviate the pain and suffering, or the lost opportunities, or the career, or studies, or simply the time that has been lost, when putting aside one’s future at the time of setting up home.
These high-profile divorces may take centre stage but we ignore the staggering fact that there are thousands of divorced women whose settlements are either unresolved or are slowly battled in the courts through a long laborious process.
Islam discourages divorce. Divorce is never easy but where the union of two people causes more pain, anguish and suffering, then the only option for the couple is to part.
Divorce causes massive upheaval in the lives of several people, has a negative impact on the children, the families involved, as well as the community.
The aftermath of a divorce involves a whole gamut of suffering covering emotions, added responsibility, legal matters, the well-being of the children, social stigma and financial considerations.
Muslim men in Malaysia have always fought hard for their rights to a polygamous relationship.
Our laws have always favoured the rights of the men and it is obvious that divorce is made simpler for them.
Checks to prevent the abuse of the system contain numerous loopholes enabling systematic abuse of the system. The rights of the Muslim women are minimised; the interests of the wives and children are not safeguarded.
If there is no standardisation of the syariah law in Malaysia then it is up to the lawmakers to make the necessary changes, enforce this law, and ensure that these loopholes are abolished.
The injustice and discrimination against women continues on a daily basis. Women are battle-weary from fighting it out in the courts or fighting a system that discriminates them.
Women, who are married to high-profile men, have the capability to take their errant husbands to court and possible win a substantial amount of damages.
However, the majority of women lack the financial means, the knowledge and the emotional support to pursue their cases in the courts. They suffer in silence. What choice have they got but to bring up children whose fathers have absconded and abrogated their responsibility?
There is such a blatant open contempt of the courts and the ease with which the husbands are able to avoid compensation to their ex-wives is glaringly obvious. Even when some of the wives are successful in getting alimony, the husbands then claim they are unable to pay because they are unemployed, even when it is evident they are in full paid employment.
There are known cases where ex-husbands quickly dispose of their assets just to avoid alimony payments.
Some ex-husbands even transfer names of the family property into their siblings’ names simply to thwart the efforts of the ex-wife, in the event she successfully pursues the claim further.
A woman whose life and future is wrecked by divorce may not engage a lawyer to pursue her claim. Lawyers cost money and sometimes it takes months, even years for a court sitting and eventual outcome. Delays are common and the judgment of the courts may not always be fair.
When that happens, appeals take even longer as the hearing may be considered as “a new case”.
Enforcement is poor, even when the husband has erred. The police are reluctant to get involved; the courts do not always instruct the police to act. Each depends on the other to be pro-active.
In the past, our leaders (both men and women), and religious lawmakers have claimed that they are prompt and effective in promoting the interests of our Muslim women and their children.
Actually, it is their impotence in safeguarding the interests of these women that is staggering.
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