Hiwalah Orders Help Single Mothers, Children Secure Unpaid Maintenance

KUALA LUMPUR, Oct 24 (Bernama) -- A total of 152 hiwalah cases have been registered with the Family Support Division (BSK) of the Department of Syariah Judiciary Malaysia (JKSM), with 26 cases successfully resolved through the freezing of bank accounts belonging to judgment debtors.

Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar said the total sum transferred to judgment creditors from these accounts amounted to RM79,820.

Hiwalah refers to the transfer of a debt by a debtor to another party. 

“The MADANI government is committed to helping the people, particularly single mothers and children who have been denied their right to nafkah (maintenance).

“Significant efforts have been made to enable the freezing of bank accounts belonging to former husbands or fathers who neglect their maintenance obligations — an initiative first proposed when I was director-general of JKSM,” he said in a Facebook post today.

Mohd Na’im said measures taken included amending the Financial Services Act 2013 (Act 758), the Islamic Financial Services Act 2013 (Act 759) and the Development Financial Institutions Act 2002 (Act 618) to recognise and enable the enforcement of hiwalah orders issued by the Syariah Court through licensed banking institutions on the savings of judgment debtors.

He said the implementation of hiwalah orders offers new hope to wives, former wives and children who have suffered due to the failure to receive maintenance.

“JKSM remains committed to addressing maintenance neglect. Firm action, including imprisonment of those who fail to fulfil their maintenance responsibilities, has also been taken by BSK.

“In addition, promotional and awareness campaigns are being intensified nationwide to encourage greater public understanding and compliance with Syariah Court orders,” he said.

He added that any claims suggesting the government is indifferent to the issue are untrue, stressing that the government calls on all parties to convey accurate information and help spread awareness of the policies and measures that have been implemented.

-- BERNAMA