Event

Telenisa Statistics and Findings 2023 Launching Event

KUALA LUMPUR – Sisters in Islam (SIS), through one of its initiatives TELENISA, has released its comprehensive report detailing the cases they have worked on throughout 2023. Initially launched as an observation body that monitors court proceedings on cases related to women, TELENISA has–since 2008–consistently provided free legal advisory service on matters and issues related to Islamic Family Law Syariah (such as divorce, polygamy, maintenance of wife and children, marital property and others) in Kuala Lumpur, Selangor, Kedah, Kelantan, and Melaka.

The event took place at Grand Millenium Hotel, Bukit Bintang, Kuala Lumpur on July 12th and was attended by YB Nurul Syazwani Binti Tan Sri Noh, a member of the Selangor State Legislative Assembly for Permatang, Selangor.

Subsequently, a forum related to the findings was also held after the official launching. Aptly titled, “Women's Rights to Marital Property Under Islamic Family Law”, SIS invited Liyana Marzuki to moderate discussions with panelists Dato' Ismail Haji Yahya and Sherry Shariff to gather insights into the realities and challenges that the women in Malaysia encounter regarding their rights to marital property under the law.

Key Findings from the Telenisa Statistics and Findings 2023:

1. Grounds for Divorce in 2023:

• Domestic Violence: top cause of divorce in 2023 (20% of cases).
• Lack of Maintenance: consistently a major issue since 2021 (19% of cases).
• Communication Breakdown: significant cause (17% of cases).
• Infidelity: 12% of cases

2. Maintenance as a Cause of Divorce:

• Husbands failing to provide maintenance is a significant issue since 2021, accounting for 19% of divorce cases in 2023.

3. Client Inquiries on Maintenance:

• Right to Maintenance: 52% of clients inquire about procedures for making a maintenance claim.
• Non-Filing in Syariah Courts: 39% have never filed a maintenance claim in Syariah courts.
• Non-Compliance with Court Orders: 13% inquire about arrears of maintenance where husbands do not comply with court orders.
• Matrimonial Property: 21% of clients inquire about assets acquired during marriage.
• Iddah Maintenance: 11% of inquiries relate to financial support during the iddah period post-divorce.
• Nusyuz Issues: 9% of inquiries pertain to nusyuz, or a wife’s refusal of a husband’s request.
• Mut’ah Issues: 7% of inquiries relate to mut’ah, a mandatory token given by the husband to the former wife.

Recommendations

1. Education and Awareness:
   • Conduct workshops and seminars regularly to educate couples about their rights and responsibilities concerning maintenance
   • Provide clear and accessible information on the legal procedures for filing maintenance claims and understanding court orders
2. Enhanced Legal Support:
   • Offer legal aid services to assist wives in filing maintenance claims and following up on court orders
   • Simplify the reporting process for non-compliance with maintenance orders to minimize the need for additional interim applications
3. Stricter Enforcement:
   • Strengthen enforcement mechanisms to ensure compliance with court-ordered maintenance payments
   • Establish a dedicated task force to track and penalize individuals who evade maintenance obligations by changing jobs or residences
4. Financial Assistance Program:
   • Develop financial assistance programs for unemployed husbands to help them secure employment and fulfill their maintenance duties
   • Provide temporary financial support to wives struggling with household expenses due to non-compliance by their spouses
5. Mandatory Mediation and Counselling:
   • Encourage mediation and counselling services for couples facing maintenance disputes to resolve issues amicably
   • Offer continuous support and follow-up sessions to ensure compliance and address ongoing challenges
6. Community Support Networks:
   • Foster community support networks to provide emotional and financial assistance to wives facing maintenance issues
   • Engage community leaders and organizations to advocate for better maintenance compliance and support affected families

Read the full report here: Telenisa Statistics and Findings 2023

*Telenisa provides free legal consultation on Islamic Family Law and Syariah Criminal Offences law through WhatsApp and telephone calls at 012-812 3424, or  face-to-face consultations by appointment every Monday to Friday from 10am to 5pm.