Category Archives: 1050643

The husband in this case was admitted to divorce:World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

 

Sample answer by USIM LAW undergraduate 1050845

 

According to the Syafie sect, the husband is incumbent to pay muta’ah to the wife when the divorce was effected. The husband also is incumbent to pay a maintenance to the wife during the eddah or waiting period.

 

According to the case of Che Pah’s, the divorce wife claimed for the muta’ah in addition to maintenance during the eddah period. They have been married for 43 years. The wife claimed that her husband harsh to her and her left the matrimonial home. Then the conciliation committe have been make to reconcile them but have been failed. The wife also did not go to the Kadi to make any report on what have been done by her husband. The learned chief kadi held that, according to the parties and the witnessed, the wife is not entitled to get the maintenance because she was nusyuz or recalcitrant but only entitled to get the muta’ah. The court order to the husband to pay RM 500 muta’ah.

 

In other case, Zahrah v. Saidon, the divorce wife claim for muta’ah in addition of maintenance during the eddah period. The husband in this case was admitted to divorce his wife on the ground that the incompatibility between them and there is no any default. The learned chief kadi held that, the wife is entitled to get muta’ah as the divorce was effected.

 

Likewise in the case Syed Bulat v Intan, the divorce wife claimed for muta’ah. The wife claimed that the husband was compell her to lend the husband money for his own use. The husband was admitted and as the divorce was effected, the wife is entitled to get the muta’ah.

 

Meanwhile in the case Normaidiah v Azhari, the both parties have been marriage to avoid the disciplinary actions between them. After marriage the wife did not fulfill her obligation as The wife including did not perform her household duty such as cooking, and washing clothes. The husband divorce her and pay for muta’ah towards her.

 

While in the case Zawiyah v. Roslan, the divorced wife claimed for muta’ah. The learned chief kadi stated that according to Islamic Law it is an obligation to pay a muta’ah on husband as the divorced was effected. A then the learned chief kadi stated the amount of muta’ah is based on the conditions of husband as he refferred to the Kitab Fathul Muin stated that the poor according to his means and the poor according to his means. The wife was entitled to get the muta’ah.

 

According to the relevant cases, Zarul must pay for the Zarina’s claim for muta’ah only and Zarina was not entitled to get the maintenance for eddah period, according to the ruling in the Che Pah’s case, where when the wife is nusyuz or recalcitrant, she was not entitled to get the muta’ah and she can only entitled to get the muta’ah payment.

 

[Marks earned: Zero Point Four (0.4) out of Twenty (20).

 

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Zarul must giving:World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

 

Sample answer by USIM LAW undergraduate 1050643

The fact of this case Zarina and her husband, Zarul and both of them are Syafie sect. Zarina at the period of marriage was uncooperative and left her matrimonial home. The issue here, whether Zarina has the right to claimed for Mutaah.

According to section 2 of interpretation Islamic Family Law Act 1984, “mutaah” refer to consolatory gift that is reasonable according to hukum Syara’, given to a divorced wife.

Refer to the case Haji Ali v Aishah where the wife had claimed for mutaat after left the matrimonial home by the reason diffirnt opinion with the first wife. On the defence, the husband claimed that the wife refuse to comeback when he applied for it. The learned Judge on this case had made an issues, whether the nusyuz had been applied upon the wife and whether the husband had capability for the mutaah, where at that time he was ill and jobless. Then, the Judge had made the decision by stated eventhough the wife had nusyuz upon the husband, she still have the right on claiming the mutaah.

According to Section 56 of the same act, a woman who had been divorced without just may apply for the court to mutaah.

On the reported cases, the court was held that mutaah is a consolatory gift from the husband to the wife. The wife may claim for mutaah on the divorced which not defect on the part of her, or divorced injustly. The payment of mutaah also is to help the wife on the living after she had been divorced by the husband.

In the other reported cases, the wife had claimed for mutaah after she had been divorced by the husband. On the defence, the husband stated he had been forced to married with the wife as the displinary action on him. The husband also mention that the wife on the period of marriage failed to do the house duty where she can’t cook and washing his clothes. The court held, even though the wife had failed on her duty, she still has the right for mutaah as a consolatory gift.

Furthermore, on the reported cases, the wife had made a claimed to the husband. On the defence, the husband mention that the wife also failed to the duty of household where he will keeping his bed room by his own and also the wife had failed for cooking meals on him. By the cause of that, he had refuses to paying the mutaah. But, the court held that, the mutaah is a gift to the divorced wife and she has the right for the claiming.

 For the conclusion, by refering those cases and Zarul’s case, as a wife, Zarina has the right for the claimed of mutaah upon Zarul where they had living together for a certain period of time. As a husband, Zarul must giving or on his duty to give the mutaah or a consolatory gift to Zarina even though the amount is not too much.

[Marks earned: One (1) out of Twenty (20)]

they had living together:World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

 

Sample answer by USIM LAW undergraduate 1050643

The fact of this case Zarina and her husband, Zarul and both of them are Syafie sect. Zarina at the period of marriage was uncooperative and left her matrimonial home. The issue here, whether Zarina has the right to claimed for Mutaah.

According to section 2 of interpretation Islamic Family Law Act 1984, “mutaah” refer to consolatory gift that is reasonable according to hukum Syara’, given to a divorced wife.

Refer to the case Haji Ali v Aishah where the wife had claimed for mutaat after left the matrimonial home by the reason diffirnt opinion with the first wife. On the defence, the husband claimed that the wife refuse to comeback when he applied for it. The learned Judge on this case had made an issues, whether the nusyuz had been applied upon the wife and whether the husband had capability for the mutaah, where at that time he was ill and jobless. Then, the Judge had made the decision by stated eventhough the wife had nusyuz upon the husband, she still have the right on claiming the mutaah.

According to Section 56 of the same act, a woman who had been divorced without just may apply for the court to mutaah.

On the reported cases, the court was held that mutaah is a consolatory gift from the husband to the wife. The wife may claim for mutaah on the divorced which not defect on the part of her, or divorced injustly. The payment of mutaah also is to help the wife on the living after she had been divorced by the husband.

In the other reported cases, the wife had claimed for mutaah after she had been divorced by the husband. On the defence, the husband stated he had been forced to married with the wife as the displinary action on him. The husband also mention that the wife on the period of marriage failed to do the house duty where she can’t cook and washing his clothes. The court held, even though the wife had failed on her duty, she still has the right for mutaah as a consolatory gift.

Furthermore, on the reported cases, the wife had made a claimed to the husband. On the defence, the husband mention that the wife also failed to the duty of household where he will keeping his bed room by his own and also the wife had failed for cooking meals on him. By the cause of that, he had refuses to paying the mutaah. But, the court held that, the mutaah is a gift to the divorced wife and she has the right for the claiming.

 For the conclusion, by refering those cases and Zarul’s case, as a wife, Zarina has the right for the claimed of mutaah upon Zarul where they had living together for a certain period of time. As a husband, Zarul must giving or on his duty to give the mutaah or a consolatory gift to Zarina even though the amount is not too much.

[Marks earned: One (1) out of Twenty (20)]

Zarina has the right for the claimed of mutaah:World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

 

Sample answer by USIM LAW undergraduate 1050643

The fact of this case Zarina and her husband, Zarul and both of them are Syafie sect. Zarina at the period of marriage was uncooperative and left her matrimonial home. The issue here, whether Zarina has the right to claimed for Mutaah.

According to section 2 of interpretation Islamic Family Law Act 1984, “mutaah” refer to consolatory gift that is reasonable according to hukum Syara’, given to a divorced wife.

Refer to the case Haji Ali v Aishah where the wife had claimed for mutaat after left the matrimonial home by the reason diffirnt opinion with the first wife. On the defence, the husband claimed that the wife refuse to comeback when he applied for it. The learned Judge on this case had made an issues, whether the nusyuz had been applied upon the wife and whether the husband had capability for the mutaah, where at that time he was ill and jobless. Then, the Judge had made the decision by stated eventhough the wife had nusyuz upon the husband, she still have the right on claiming the mutaah.

According to Section 56 of the same act, a woman who had been divorced without just may apply for the court to mutaah.

On the reported cases, the court was held that mutaah is a consolatory gift from the husband to the wife. The wife may claim for mutaah on the divorced which not defect on the part of her, or divorced injustly. The payment of mutaah also is to help the wife on the living after she had been divorced by the husband.

In the other reported cases, the wife had claimed for mutaah after she had been divorced by the husband. On the defence, the husband stated he had been forced to married with the wife as the displinary action on him. The husband also mention that the wife on the period of marriage failed to do the house duty where she can’t cook and washing his clothes. The court held, even though the wife had failed on her duty, she still has the right for mutaah as a consolatory gift.

Furthermore, on the reported cases, the wife had made a claimed to the husband. On the defence, the husband mention that the wife also failed to the duty of household where he will keeping his bed room by his own and also the wife had failed for cooking meals on him. By the cause of that, he had refuses to paying the mutaah. But, the court held that, the mutaah is a gift to the divorced wife and she has the right for the claiming.

 For the conclusion, by refering those cases and Zarul’s case, as a wife, Zarina has the right for the claimed of mutaah upon Zarul where they had living together for a certain period of time. As a husband, Zarul must giving or on his duty to give the mutaah or a consolatory gift to Zarina even though the amount is not too much.

[Marks earned: One (1) out of Twenty (20)]

by refering those cases:World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

 

Sample answer by USIM LAW undergraduate 1050643

The fact of this case Zarina and her husband, Zarul and both of them are Syafie sect. Zarina at the period of marriage was uncooperative and left her matrimonial home. The issue here, whether Zarina has the right to claimed for Mutaah.

According to section 2 of interpretation Islamic Family Law Act 1984, “mutaah” refer to consolatory gift that is reasonable according to hukum Syara’, given to a divorced wife.

Refer to the case Haji Ali v Aishah where the wife had claimed for mutaat after left the matrimonial home by the reason diffirnt opinion with the first wife. On the defence, the husband claimed that the wife refuse to comeback when he applied for it. The learned Judge on this case had made an issues, whether the nusyuz had been applied upon the wife and whether the husband had capability for the mutaah, where at that time he was ill and jobless. Then, the Judge had made the decision by stated eventhough the wife had nusyuz upon the husband, she still have the right on claiming the mutaah.

According to Section 56 of the same act, a woman who had been divorced without just may apply for the court to mutaah.

On the reported cases, the court was held that mutaah is a consolatory gift from the husband to the wife. The wife may claim for mutaah on the divorced which not defect on the part of her, or divorced injustly. The payment of mutaah also is to help the wife on the living after she had been divorced by the husband.

In the other reported cases, the wife had claimed for mutaah after she had been divorced by the husband. On the defence, the husband stated he had been forced to married with the wife as the displinary action on him. The husband also mention that the wife on the period of marriage failed to do the house duty where she can’t cook and washing his clothes. The court held, even though the wife had failed on her duty, she still has the right for mutaah as a consolatory gift.

Furthermore, on the reported cases, the wife had made a claimed to the husband. On the defence, the husband mention that the wife also failed to the duty of household where he will keeping his bed room by his own and also the wife had failed for cooking meals on him. By the cause of that, he had refuses to paying the mutaah. But, the court held that, the mutaah is a gift to the divorced wife and she has the right for the claiming.

 For the conclusion, by refering those cases and Zarul’s case, as a wife, Zarina has the right for the claimed of mutaah upon Zarul where they had living together for a certain period of time. As a husband, Zarul must giving or on his duty to give the mutaah or a consolatory gift to Zarina even though the amount is not too much.

[Marks earned: One (1) out of Twenty (20)]

the wife had failed for cooking meals on him:World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

 

Sample answer by USIM LAW undergraduate 1050643

The fact of this case Zarina and her husband, Zarul and both of them are Syafie sect. Zarina at the period of marriage was uncooperative and left her matrimonial home. The issue here, whether Zarina has the right to claimed for Mutaah.

According to section 2 of interpretation Islamic Family Law Act 1984, “mutaah” refer to consolatory gift that is reasonable according to hukum Syara’, given to a divorced wife.

Refer to the case Haji Ali v Aishah where the wife had claimed for mutaat after left the matrimonial home by the reason diffirnt opinion with the first wife. On the defence, the husband claimed that the wife refuse to comeback when he applied for it. The learned Judge on this case had made an issues, whether the nusyuz had been applied upon the wife and whether the husband had capability for the mutaah, where at that time he was ill and jobless. Then, the Judge had made the decision by stated eventhough the wife had nusyuz upon the husband, she still have the right on claiming the mutaah.

According to Section 56 of the same act, a woman who had been divorced without just may apply for the court to mutaah.

On the reported cases, the court was held that mutaah is a consolatory gift from the husband to the wife. The wife may claim for mutaah on the divorced which not defect on the part of her, or divorced injustly. The payment of mutaah also is to help the wife on the living after she had been divorced by the husband.

In the other reported cases, the wife had claimed for mutaah after she had been divorced by the husband. On the defence, the husband stated he had been forced to married with the wife as the displinary action on him. The husband also mention that the wife on the period of marriage failed to do the house duty where she can’t cook and washing his clothes. The court held, even though the wife had failed on her duty, she still has the right for mutaah as a consolatory gift.

Furthermore, on the reported cases, the wife had made a claimed to the husband. On the defence, the husband mention that the wife also failed to the duty of household where he will keeping his bed room by his own and also the wife had failed for cooking meals on him. By the cause of that, he had refuses to paying the mutaah. But, the court held that, the mutaah is a gift to the divorced wife and she has the right for the claiming.

 For the conclusion, by refering those cases and Zarul’s case, as a wife, Zarina has the right for the claimed of mutaah upon Zarul where they had living together for a certain period of time. As a husband, Zarul must giving or on his duty to give the mutaah or a consolatory gift to Zarina even though the amount is not too much.

[Marks earned: One (1) out of Twenty (20)]

where he will keeping his bed room by his own:World Class Higher Education in Malaysia: USIM Third Year LAW Undergraduate

 

Sample answer by USIM LAW undergraduate 1050643

The fact of this case Zarina and her husband, Zarul and both of them are Syafie sect. Zarina at the period of marriage was uncooperative and left her matrimonial home. The issue here, whether Zarina has the right to claimed for Mutaah.

According to section 2 of interpretation Islamic Family Law Act 1984, “mutaah” refer to consolatory gift that is reasonable according to hukum Syara’, given to a divorced wife.

Refer to the case Haji Ali v Aishah where the wife had claimed for mutaat after left the matrimonial home by the reason diffirnt opinion with the first wife. On the defence, the husband claimed that the wife refuse to comeback when he applied for it. The learned Judge on this case had made an issues, whether the nusyuz had been applied upon the wife and whether the husband had capability for the mutaah, where at that time he was ill and jobless. Then, the Judge had made the decision by stated eventhough the wife had nusyuz upon the husband, she still have the right on claiming the mutaah.

According to Section 56 of the same act, a woman who had been divorced without just may apply for the court to mutaah.

On the reported cases, the court was held that mutaah is a consolatory gift from the husband to the wife. The wife may claim for mutaah on the divorced which not defect on the part of her, or divorced injustly. The payment of mutaah also is to help the wife on the living after she had been divorced by the husband.

In the other reported cases, the wife had claimed for mutaah after she had been divorced by the husband. On the defence, the husband stated he had been forced to married with the wife as the displinary action on him. The husband also mention that the wife on the period of marriage failed to do the house duty where she can’t cook and washing his clothes. The court held, even though the wife had failed on her duty, she still has the right for mutaah as a consolatory gift.

Furthermore, on the reported cases, the wife had made a claimed to the husband. On the defence, the husband mention that the wife also failed to the duty of household where he will keeping his bed room by his own and also the wife had failed for cooking meals on him. By the cause of that, he had refuses to paying the mutaah. But, the court held that, the mutaah is a gift to the divorced wife and she has the right for the claiming.

 For the conclusion, by refering those cases and Zarul’s case, as a wife, Zarina has the right for the claimed of mutaah upon Zarul where they had living together for a certain period of time. As a husband, Zarul must giving or on his duty to give the mutaah or a consolatory gift to Zarina even though the amount is not too much.

[Marks earned: One (1) out of Twenty (20)]