PUTRAJAYA (Bernama) – The status of marriage of Malaysia Airlines (MAS) flight MH370 victims married under Muslim law has not been dissolved though the government had officially declared everyone on board had perished.
Syariah Lawyers Association of Malaysia President, Musa Awang said to determine whether the status of a marriage was dissolved, Presumption of Death or order for dissolution of a marriage must be made by the court.
“In my opinion even with the declaration made by the government about the status of MH370, this has not dissolved the marriage status of victims and any claims against an estate cannot be made.
“Only the court may issue the Presumption of Death order,” he told Bernama here yesterday.
Musa said should the spouse of a victim intend to dissolve the status of marriage, the individual may apply for fasakh on the grounds that the spouse had disappeared for more than a year or may apply to the court for the Presumption of Death declaration.
Musa explained, in accordance with Section 18 of the Registration of Births and Deaths 1957 (Act 299) it clearly stated that every death in the country must be registered with the condition that the body was found.
In the case of a body not found or individual had been classified as thought to be dead, then the Presumption of Death order must be obtained from the High Court under Section 108 of the Evidence Act 1950, he said.