(Flipbook) Nurul Ain Amirah 1202868

Islamic Family Law in
Malaysia
(LAB2023)

Nurul Ain Amirah binti Mohd Amran
1202868
TLC8

Table of Contents

01 The Case 02 Issue & Section

The case of maintenance of Issue and section based on Islamic
children. Federal Law 1984

03 The Application 04 Conclusion

01 The Case

The Case About
Maintenance

The Issue & Section 02

The Issue &
Section

In this case, whether Puan Ainyy can claims maintenance for her children who are already 15 years old.
Furthermore, her ex-husband also refuses to pay the maintenance which does not give to his son starting

from 8 months until 15 years old.

In this situation, based on section 73(1)(a), (b) the court may at any time can order a man to pay maintenance
for the benefit of any child. “man" here is refer to the father because it's their responsibility to support
their children even though his children already in another custody. And the court also has the power to

order maintenance if he refused or neglected to provide reasons for his children.

03 The Application

Norila Kader Ibramsah V
Mohd Zainuddin Azhar

Ismail

There are several cases that are almost similar, for instance, Norila Kader
Ibramsah v Mohd Zainuddin Azhar Ismail in this case the Court
rejected the defendant’s objection of his obligation to maintain his

child on the ground that the plaintiff (ex-wife) had agreed to pay the
child’s maintenance upon divorce and promised not to claim any
financial right from the defendant after the divorce.

Conclusion 04

Conclusion

It shows the father has to be obligated to fulfill his
responsibility & duties as a father even though he already
separated from his former wife. And is also provides the

child’s right to be maintained by the father cannot be
relinquished by the father.

Thank you!!