SHAH ALAM, Nov 5 — Individuals who suffer losses after an engagement is called off because their partner refuses to proceed with the marriage may take legal action and seek compensation.
Selangor Islamic Religious Department (JAIS) Enforcement Management Division assistant director Zizul Naziha Zulkifly said claims below RM100,000 can be filed at the lower Syariah Court, while claims exceeding that amount should be brought before the High Syariah Court.
She advised that those seeking compensation must provide evidence under the Islamic Family Law Enactment.
“Bring all evidence of the money transfers that were made. If the Syariah Court cannot be used, the matter can also be brought to the civil court as a case of fraud. The law will provide redress,” Zizul said.
Legal action may be taken when a person cancels a marriage without a valid reason under Section 15 of the Islamic Family Law (State of Selangor) Enactment 2003.
Compensation claims may cover expenses incurred for the engagement and wedding preparations, including the return of the mas kahwin (bride price) and any hantaran given.
Speaking to the media at the Selangor Islamic Agencies Carnival recently, she said common Syariah offences included failing to obtain permission to marry and making false declarations.
Other offences include pronouncing divorce outside the court, third-party interference, preventing a married couple from living together, and encouraging a couple to divorce.
“(Other offences include) deceiving someone for marriage and polygamy without the court’s permission.
“If previously there were rarely cases involving false declarations for marriage, some districts had never handled them at all, but recently there must be two (or) three cases a month,” Zizul said.
