The Muslim Matrimonial Court in Singapore by Judith Djamour

Author:Judith Djamour [Djamour, Judith]
Language: eng
Format: epub
Tags: Law, Courts, Family Law, General, Divorce & Separation, Social Science, Anthropology
ISBN: 9781000324105
Google: JnwSEAAAQBAJ
Publisher: Routledge
Published: 2021-01-07T05:06:27+00:00

A Tamil interpreter explained this to the parties, and the woman's stepfather at once protested that he had had no prior notice of this decision, and that neither she nor he had any money at all; but he could manage to raise $22 by 2 p.m. the same afternoon to register the divorce and obtain a copy of the certificate. He was toid by the Court that the arbitrators' decision was binding, since both the wife and husband had given in writing full authority (kuasa penoh) to their respective arbitrators to settle the matter, and had further agreed to be bound by such a decision. The stepfather nevertheless continued to object to the verdict, while the young wife remained silent and motionless, huddled in her cotton sari. Eventually the Court Usher stated bluntly: 'No $50, no divorce.' The President then agreed to a plea on behalf of the wife that time be given for the sum to be raised, but warned the girl and her stepfather that he would brook no endless delays, and that the case would be struck off if it were not settled soon.

Nevertheless, there were no fewer than three further postponements of the payment. On one occasion the stepfather pleaded to be given another week in which to find the money, and the husband raised no objection; a week later the stepfather came into Court to state that the wife was ill in bed with a temperature; on the third occasion the wife came to say that she was a destitute woman, and where could a person like her find $50? By July 1963 she had still not paid the price of her redemption and was still a married woman. The Chief Kathi, commenting on the case, said to me after the hearing at which the arbitrators verdict had been announced: 'The whole point of putting a case before arbitrators is to end the deadlock. If arbitrators discussed their decision with the spouses, the matter might never be settled, for the same arguments would be advanced again and again.'

IV. The couple had been married in 1948, and when they came before the Shariah Court in 1961 they had seven children. There had been no ta'alik at marriage or later, and the wife sought a fasah decree. She complained that her husband used to give her a very inadequate amount of housekeeping money up to i960 – an average of only $50 per month, and a maximum of $60 in any one month. He had told her he could afford to give her nothing more because he paid $50 per month rent. In 1960 they moved to her mother's house, but although he paid her mother no rent, he did not increase her housekeeping allowance. In the end she felt compelled to take maintenance proceedings against him, and was awarded $160 per month in respect of the seven children. He had then already moved out of her mother's house. She was unable to obtain an order of

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