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ISSUE

Whether, ex-wife has a right to claim the maintenance from her ex-husband because ex-
husband has failed to carry out her responsibility to support her children after their divorce.

LAW CASE

In the islamic family law (federal territories) act 1984 (act 303), section 72(1) about the duty
to maintain children, unless an agreement or court order states otherwise it is a man's
responsibility to maintain his children, whether they are in his custody or in the custody of
another person, by either providing them with reasonable housing, clothing, food, medical care
and education. In light of his means and station in life or by paying the costs thereof. Its
similarity in the case of Zawiyah vs Ruslan. The divorced wife claimed RM100 maintenance
for her daughter aged three years old. The chief judge held that was the duty of the father to
maintain his child. The duty to maintain depends on the financial ability of the father. In this
case, the disagreed with the amount as he was a clerk and earned RM670 per month plus a
RM45 allowance. There was no proof showing that he had any dependants or unpaid debts a
contended. The court ordered him to pay rm45 maintenance to the daughter.

APPLICATION

Therefore, alimony claims for children after the husband and wife divorce are the responsibility
of the husband as a father. It is obligatory for a father to support his child even if he is divorced
whether the child is under the care of his ex -wife or under the care of an heir or another person
who has no blood relationship. Based on islamic family law (federal territories) act 1984 (act
303) section 73 (1) duty to maintain children. Under this act, a father should be fully responsible
in providing for his child in terms of clothing, education, food and so on. in this case the ex -
wife asked for rm50 as child support and she did have the right to make a maintenance claim
on her ex -husband in respect of providing child support. In this case her ex -husband had failed
to carry out his responsibility to provide maintenance for her child. Due to the failure, the ex -
wife has to go to court to make a claim for the ex -husband's failure to provide maintenance for
his child under the ex -wife's care. when in court, the judge will decide and give instructions to
her ex -husband to provide maintenance to her child based on section 73 (1) by looking at the
ability of the ex -husband based on his salary. With a court decision the ex -wife can claim
more than RM50 for the right of the child in maintenance.

CONCLUSION

In conclusion, the ex -wife has the right to claim child support from her ex -husband because
this is the responsibility of her ex -husband in providing child support.