SMU Master of Laws alumnus Zhulkarnain Abdul Rahim, a lawyer and partner of law firm Dentons Rodyk & Davidson LLP, commented on an amendment proposal under the Administration of Muslim Law Act (Amla) which has been presented to allow husbands to file for divorce outside the Syariah Court without having to repudiate the marriage by saying talak (divorce). Mr Zhulkarnain said the demographics of the Muslim community which uses the Syariah Court have changed rapidly, thus triggering issues that were unimaginable, prior to this. One law under Amla at the moment outlines that properties in the house is considered to be owned by the husband. But, with many wives working today, this law is no longer applicable. Therefore, an amendment has been presented to repeal the assumption that properties in the home belongs to the husband when they are claimed by creditors. "In a modern Singapore community, wives normally work or have the buying power. They have assets or properties in their own name. So, it is not fair if the husband's creditors are allowed to claim the wife's properties. By excluding the assumption that properties in the house belongs to the husband, it will do justice to the wife," said Mr Zhulkarnain. Another proposal which aims to do justice to the wives is an amendment to the letter of administration (LA). At the moment, if a Muslim woman dies, the male beneficiary will be given priority for the LA to administer the deceased's properties. This priority is not given when a Muslim man dies. "The amendment retracts the priority which is given based on gender, hence the court can give the LA to the next of kin regardless of gender," said Mr Zhulkarnain.
Berita Harian, p16 (Jul 31)
Berita Harian Online (Jul 31)