Auto debit one way to force errant ex-hubbies to pay alimony


Yasmin Ramlan

Direct debit or auto debit means that divorcees need not resort to court action to compel their former husbands to pay their share of maintenance. – The Malaysian Insight file pic, November 12, 2018.

ALIMONY payments should be made from a former husband’s bank account directly into his ex-wife’s account to ensure justice for divorced women fighting for their welfare, the Shariah Lawyers’ Association (PGSM) said.

PGSM president Musa Awang welcomed the statement by the minister in charge of religious affairs, Dr Mujahid Yusof Rawa, who earlier last week said Putrajaya was mulling ways to ensure divorced women get their dues from ex-husbands.

This could include freezing the bank accounts of irresponsible former husbands, Mujahid said. The problem of unpaid alimony by Muslims to their former spouses is a long-standing one with cases choking the shariah courts.

“With proof of payment, it is fair to both sides, instead of cash payments which have no record. If there is no transaction recorded from the ex-husband’s account to the wife’s, then it can be proven that the husband didn’t pay,” Musa told The Malaysian Insight.

Last year, Muslim women’s rights group, Sisters in Islam, said around 79% of cases in the shariah courts involved men’s failure to pay maintenance to their ex-wives or failing to pay the full amount.

Musa said income level was not the main issue, as the cases were filed against ex-husbands who earned high salaries.

“They think they can get away with it, believing the shariah courts will not enforce this order.”

Musa welcomed moves to act against irresponsible former husbands by using their bank accounts as it would compel them to obey court orders to pay up and stop such cases from dragging on.

He said ex-wives in these circumstances often suffered long-drawn cases and had to split their time between going to court and working to support themselves.

Musa also suggested other methods to ensure exes paid their alimony dues, such as salary deductions, through bank standing orders.

He also suggested that shariah courts set a monthly deadline for alimony payment so that the banks would be able to monitor and take action.

“So, if the payment is not made, say by the 20th of each month, the bank just needs to verify the court order and deduct the ex-husband’s account and transfer to the wife’s account.” – November 12, 2018.


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