| Lyna Mohamad |
HUKUM Syarak related to assets, particularly for child and spouse maintenance fees, are still not widely understood by the Muslim community, according to Chief Syar’ie Judge Pehin Orang Kaya Paduka Seri Utama Dato Paduka Seri Setia Ustaz Haji Awang Salim bin Haji Besar.
Speaking at the 4th Annual Assembly of Syariah Courts yesterday, the Chief Syar’ie Judge added that there are cases where husbands and fathers try to avoid fulfilling their responsibilities regarding the mandatory maintenance fees without any reasons.
The court through its own initiative will try to monitor orders on maintenance fees, and will take legal action including sentencing to prison individuals who ignore, default and are careless in observing the court order.
The Chief Syar’ie Judge highlighted that the orders penalties are given by the Syariah Court Judge according to the justice principle that oversees facts, evidence and bayyinah based on Al-Quran, As-Sunnah, Ijmak and Qiyas.
The Working Procedure Manual (MPK) produced by the Syariah Courts Management serves as a regulation reference in the management of cases, from the registration of cases to hearing and proceedings.
The Chief Syar’ie Judge said this ensures efficient and quality management and administration of cases as required by the law and Syarak.
On this note, the Chief Syar’ie Judge reminded the judges and court management as well as the Syar’ie lawyers to observe every practice order issued by the court, particularly those relating to period-of-case hearings in order for it to be resolved in the period stated.
Another matter highlighted in his speech is the court’s preparation for the full implementation of the Syariah Penal Code 2013, of which the first phase has been implemented since May 2014 and the next phases are soon to be implemented any time now.
The Chief Syar’ie Judge noted that suggestions have been out forth on how to prepare not only the court officers but also the staff and members of the Syariah Courts in handling criminal cases under the Syariah Penal Code 2013, including placing additional court judges and officers within the system, and conducting knowledge and skills upgrading training for the staff.
“A lack of accurate understanding of criminal law based on Hukum Syarak among the community will only give rise to wrong speculations and views as well as cause confusion among the community on the implementation of the Syariah Penal Code 2013,” he said.
The Chief Syar’ie Judge stressed that every issue raised in the courts must be taken seriously, particularly for Syubhah related issues, which are concerned with the implementation of the Hadd.
“I hope this year will provide a more solid motivation and awareness to all members of the Syariah Courts, particularly in dignifying and empowering the courts as a judicial institution upholding justice according to Hukum Syarak,” he added.