SHAH ALAM – The issue of child alimony involving divorced couples frequently leads to disputes, making it difficult to reach a resolution.
In addition to the former husband's reluctance to pay alimony, the proceedings in the Syariah court take time, as statements from related parties need to be heard.
This situation allowed former husbands to take advantage by delaying or prolonging child maintenance cases.
Therefore, the government's move to establish a specific formula that could be applied by all Syariah courts to determine the amount of child alimony for divorced parents was timely and positive.
However, former Minister in the Prime Minister's Department (Religious Affairs) Datuk Seri Dr Mujahid Yusof said the proposal must be flexible and not unjust to either party.
He said the amount of alimony claims must be fair, taking into account careful negotiations between the divorced husband and wife, as well as the father’s financial ability.
"The most ideal child alimony amount would, of course, be based on the calculation of 'masthatho’tum', which means a fair and reasonable calculation between the former husband and former wife through a peaceful mediation process.
"Any formula for calculating child alimony that will be used as a guideline must not impose such a burden that the father or former husband is unable to bear it.
"Therefore, the calculation of the specific formula must be flexible, considering the father's or husband's ability to pay, with the amount not fixed at a specific figure,” he told Sinar Premium.
Recently, the Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar announced that the government was working on developing a formula to facilitate the determination of alimony rates by the Syariah court for children of divorced couples.
Meanwhile, Mujahid believed that disputes over maintenance amounts between former husbands and former wives, which made it difficult to reach a resolution, arise due to bad intentions and actions.
For example, he said, when a husband remarries without his wife’s knowledge, even though he was financially incapable, it could be seen as an example of inappropriate behaviour.
"In this matter, when a husband wants to divorce his wife, the act requires good conduct. In other words, the former husband must be fair to the former wife because maintenance is a religious responsibility, not a personal one.
"However, the calculation formula for maintenance must consider the former husband's financial situation, as everyone's financial capacity varies,” he said.
However, he added, it was up to the lawyers on both sides to negotiate and determine the ideal child maintenance amount.
"If both parties divorce amicably and responsibly, there will surely be careful negotiations that will ease the process of determining it.
"At the same time, the Syariah court's decision will be based on the claims made by Syariah lawyers, as the maintenance amount is not determined by the Syariah judge,” he added.