Majority involved in Syariah cases do not understand the law

National 1 minute, 32 seconds


THE majority of cases in syariah court involve those who do not understand the law, their rights as well as practices and procedure of the court. Many were also unable to hire a legal counsel.

This was mentioned in Chief Syarie Judge Pehin Siraja Khatib Dato Paduka Seri Setia Dr Ustaz Hj Yahya Hj Ibrahim’s keynote address at the opening ceremony of the “Syariah Fiqh Al-Usrah regional seminar” at Seri Begawan Religious Teachers University College (KUPU SB) yesterday.

Acting Chief Registrar at the Syariah Appeal Court, Hj Hassan Hj Metali delivered the keynote address on behalf of the Chief Syarie Judge.

The keynote added titled “Isu-isu dalam perkahwinan dan perceraian di Brunei Darussalam” (Issues of marriage and divorce in Brunei Darussalam) was one of the three keynote addresses of the two-day regional seminar.

In most cases, those involved in syariah cases (both plaintiff and defendant) do not know about syariah law.

This is not a valid reason for committing certain acts in their marriages such as failure to provide nafkah (sustenance) and neglecting one’s responsibilities.

“The reason will only be accepted if the persons involved only recently embrace Islam or stay in a remote area where the person do not have access to the knowledge,” he said.

The lack of religious knowledge on the importance and sanctity of marriage, lack of knowledge on the responsibilities and rights of both the husband and wife can contribute to issues that arise after getting married.

He said, this still happened even with pre-marital courses and advice services in place.

Many women plaintiffs are neglected.

“Many of the plaintiffs are women. The defendants (mostly males) take advantage (in this situation) and disobey court’s orders to carry out their responsibilities such as payment of nafkah, dividing matrimonial property and beneficiary claims,” he said.

The Brunei Times