The Criminal Trespass

Yesterday, I received a call from my syariah legal counsel's assistant informing me that the Mahkamah Rayuan Syariah Selangor Court Order is now ready for collection.

As mentioned in my previous post, on 17 January 2011 the Mahkamah Rayuan Syariah Selangor had ruled that my ex-wife's Ex-Parte Syariah High Court Order dated 6 October 2009 ("Ex-Parte Order") is not enforcable on grounds that

1. My ex-wife had failed to file in the "Kes Induk" for within 14 days; and
2. My ex-wife had failed to serve the order to me within 10 days as provided for in the Ex-Parte Order.

The requirement to file in the "Kes Induk" is clearly stated in Arahan Amalan 11 Tahun 2003.

An ex-parte hearing is when a party wishes to get a temporary court order on grounds of urgency. The other party (i.e. the respondent) will not be called to defend himself/herself. The question is, is this really fair that the courts would grant such an order without giving a chance or equitably listening to the views of the respondent? It is for this reason that the courts would only allow such applications on grounds of urgency and with condition that the applicant promises to pay damages in the event the applicant has not been truthful and/or failed to provide full and frank disclosure in his/her application.

An ex-parte court order cannot stand on its own. It must have an underlying "kes induk". The "kes induk" will then determine the permanent court order subject to a full trial. That is why Arahan Amalan 11 Tahun 2003 requires the applicant to file in the "kes induk" within 14 days if he/she has not already done so.

That's my two cents worth on ex-parte court applications.

The Ex-Parte Court Order obtained by my ex-wife amongst others was to

1. Freeze all my bank accounts and shares
2. Injunct me from dealing with and remaining in the matrimonial home
3. Injunct me from removing any items from the matrimonial home
4. Allow her to enter into the matrimonial home to take posession of her personal belongings

After obtaining the Ex-Parte Court Order, my ex-wife's lawyers expeditiously served the order to the banks on 7 and 8 October 2009. FULL STOP. Nothing else was done. They did not even attempt to file in the "kes induk".

It is therefore clear, that the purpose of obtaining the order was NOT on equitable grounds but merely to cripple me financially. That is completely unethical and clearly hitting below the belt!

Over the course of the next few months, everyone appeared to have been focussed on the "Hadhanah" case and have completely forgotten about the "Harta Sepencarian" case.

As my wife hasn't filed in the "Harta Sepencarian" case, which is the "kes induk" for the Ex-Parte Court Order, I proceed to file it on 24 August 2010. My ex-wife was subsequently notified on 2 September 2010.

On Saturday 4 September 2010, only TWO DAYS after being notified of the "kes induk" and 11 MONTHS after obtaining the Ex-Parte Court Order, my ex-wife turned up at the gates of my house with her husband, a lawyer, a locksmith and 6 packers. By the time I got to the front door, the locksmith and a packer had climbed over the fence and was attempting to dismantle the autogate.

It was clear that they wanted to gain entry into my house. Upon my objections, my ex-wife and her lawyer insisted that they are enforcing the Ex-Parte Court Order. I notified them that the Ex-Parte Court Order is no longer effective but the lawyer defiantly claimed that for as long as there is no court order to set aside the Ex-Parte Court Order, it remains effective.

I could not get hold of my lawyer as he was attending a course. His assistant told me not to fight and to step aside should my safety be at risk. Since it was me versus 10 of them (with one of them a dilutional desperado, one with acute psychosexual disorder and one emotionally disturbed lunatic), I had no choice but to step aside.

During the next few hours, the locksmith cut and replaced all the locks in my house. The packers packed and took away sofa sets, cupboards, bed, electrical items, curtains, flower pots, TV cabinet, pots and pans, wall clock, home furnishings etc. I was then asked to leave the house.

I objected many times during the course of the day that it was wrong for my ex-wife to sieze such items as they were matrimonial assets, especially I have just filed in the "Harta Sepencarian" case. It was also wrongful to evict and/or deny me entry into my own home pursuant to the National Land Code, 1965. My ex-wife completely disregarded my objections claiming that she has a "court order". I asked for proof that the items she seized were indeed "personal items" but again she brushed me aside claiming that she purportedly paid for them.

No "court order" can go against the law. This was a BIG mistake.

Naturally, after the event, I lodged a police report.

As I was clear that the Ex-Parte Court Order is no longer enforcable, the next day I came over with a grinder, cut the locks and regained entry into the house. The house was in a complete mess. Upon checking, I also found personal items missing.

As a layman, I knew that the Ex-Parte Court Order cannot be enforced. Why on earth didn't the lawyer see this? It is not about setting aside or cancelling the wretched court order. It is plain simple that it cannot be enforced due to my ex-wife's failure (well her lawyer's failure to be exact) to comply with certain provisions of the law.

Looking back, their motives are clear.

1. The lawyer, who apparently HAS NOT been granted a Sijil Amalan Guaman Syarie Negeri Selangor, therefore has no authority or qualification to act as a syariah lawyer in the State of Selangor, may have completely forgotten about the 14-day requirement to file in the "kes induk". She may have panicked after learning that I had done so and probably realised that the Ex-Parte Court Order's validity is in doubt. In order to avoid embarassment, she may have advised my ex-wife to wrongfully enforce the Ex-Parte Court Order TWO DAYS after being notified of the filing of the "kes induk", to enfoce the said order during the weekend so that I may not get proper legal advise and/or assistance and before I had the chance to obtain confirmation from the Syariah Courts that the said order can no longer be enforced. The lawyer may have also taken a gamble that after the event, I would not file in a reivew at the Mahkamah Rayuan Syariah Selangor and that the Royal Malaysian Police would not take action.
2. To inflict as much damage and distress to me 6 DAYS before Hari Raya Aidil Fitri.
3. To provoke me in hope that I would react physically and/or violently.

On 9 September 2010, my lawyers filed in a judicial review at the Mahkamah Rayuan Syariah Selangor. I also filed in a complaint at the Advocates & Solicitors Disciplinary Board over the actions of the lawyer. The rest is history.

Wali Hakim Mystery solved!

I received a call from my officemate this afternoon informing me that a process server (i.e. a person tasked to serve court documents) was at the office to deliver some documents to me. The process server was from the legal firm that has been representing my ex-wife in all her syariah cases (both in the State of Selangor and wronfully in Kuala Lumpur). Apparently it was a "Saman Mahkamah PJ" form my ex-wife.

The process server insisted that the documents are to be served to me personally. As I was not there, he said that he will return the next day.

Once again, I was rather stumped. Mahkamah PJ? My colleague could not tell me whether it was Mahkamah Syariah or Mahkamah Sivil. What on earth is she trying to do now?

The only clue I had was the fact that it was a "Saman Mahkamah PJ". So a simple call to the Mahkamah Rendah Syariah Petaling Jaya confirmed as expected (and feared) that she filed in an application to "faraqkan" my previous marriage with her. The court officials were also dumbfounded after learning that we were already divorced!

I think her motives are clear. It appears that she is willing to put to question the status of my children simply to gain custody. Why? Why subject the children to such psychological trauma and/or to let the children live with such a stigma simply to cover up her infidelity? Why put herself first before the children? Doesn't she have the slightest of care or concern for her own children's future?

I shall restrain myself from making any further comments on her. For now, I am still in a state of shock.

The Wali Hakim Mystery

Sometime in mid-May 2010, a partner from the syariah legal firm that represents me reported that he bumped into my ex-wife and her boyfriend in the Kuala Lumpur Syariah Court building. At first, we thought nothing of it. Afterall, we were informed that they have been asked to appear before the Mahkamah Rendah Syariah Petaling Jaya on 24 June 2010 to be charged for khalwat. Perhaps she went there to discuss the case with her syariah lawyer(s).

Oddly, the same partner once again reported to us that he saw my ex-wife in the Kuala Lumpur Syariah Court building on 26 May 2010. The partner checked with the court registrar and found out that my ex-wife did have a case in Mahkamah Rendah Syariah Kuala Lumpur that day. A Syariah Court proceeding in Kuala Lumpur?

All Islamic family related matters for residents as well as those living in the State of Selangor are governed under the Enakmen Undang-Undang Keluarga Islam (Negeri Selangor) 2003. This is clearly stated in Section 4 of the said enactment. Similarly, Section 4 of Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984 states that the act only applies to those resident as well as those living in the Federal Territories.

My ex-wife is a resident of the State of Selangor and has affirmed that she lives in the State of Selangor in all her syariah court proceedings against me. So what on earth was she doing in the Kuala Lumpur Syariah Courts?

After some investigative work, we found out that she made an application for "Penentuan Wali" for her planned marriage with her boyfriend. In her application, she wrongfully affirmed and misrepresented to the Mahkamah Rendah Syariah Kuala Lumpur that she was living in Kuala Lumpur. Making false statements in the Syariah Courts in Kuala Lumpur is an offence under Section 30 of Akta Kesalahan Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1984. If convicted may be fined not more than RM3,000 or 2 years imprisonment or both.

What was she up to? Firstly, why make the application in Kuala Lumpur? Secondly, why the "Penentuan Wali" application?

After giving it some thought, it is clear to us that my ex-wife wanted to conceal her proposed marriage. As our syariah court proceedings are in the State of Selangor, she had assumed that I would only check in the Selangor Syariah Courts for any other cases that she may have filed. As discussed in my previous post, her rights to child custody will be affected if she remarried. This was probably the main reason why she tried to conceal her proposed marriage.

As for the "Penentuan Wali", my guess at that time is that her father did not consent to the marriage and refused to be her "wali". However, based on her application, she claims that her parents were legally married in the Philippines in 1967 but have no documents to prove this. After migrating to Sabah, and after her birth in 1973, her parents still did not have any documentary proof of their marriage. It is for this reason that they had to "bernikah" again in 1975. As the only documentary proof of her parents marriage is after the date of her birth, she probably wanted to use a "Wali Hakim" to solemnise her proposed marriage so that there will be no ambiguity whatsoever to the validity of her marriage.

I find this rather strange. She didn't raise this issue when we got married. Why raise it now?

We later found out that on 26 May 2010, the Mahkamah Rendah Syariah Kuala Lumpur decided as follows

1. Her application for "Penentuan wali" was rejected
2. The court considered her parents' marriage valid
3. Her father is to be her "wali" for her proposed marriage

Pursuant to checks made at the registrar of marriages at Jabatan Agama Islam Wilayah Persekutuan ("JAWI"), it is confirmed that they subsequently got married on 29 May 2010, with her father acting as her "wali".

I was rather annoyed that she tried to conceal her marriage in order to prejudice my child custody claim.

I then lodged a complaint at JAWI sometime in July 2010. In March 2011, JAWI informed me that the Kuala Lumpur Syariah Courts had reported that

1. My ex-wife had filed the "Penentuan Wali" application on 21 May 2010
2. The hearing was on 26 May 2010 where her application was rejected and the Mahkamah Rendah Syariah Kuala Lumpur had ruled that her father is to be her "Wali"
3. My ex-wife and her boyfriend got married in Masjid Wilayah, Kuala Lumpur on 29 May 2010. Her father was her "Wali"
4. On 7 June 2010, she appealed against the decision of the Mahkamah Rendah Syariah Kuala Lumpur
5. On 30 June 2010, she filed in a judicial review of the decision.
6. On 5 July 2010, she pulled back her appeal
7. On 10 November 2010, the Syariah Courts ruled that her marriage on 29 May 2010 was invalid and my ex-wife and her husband/boyfriend is to "difaraqkan" or separated.

I subsequently checked with the marriage registrar at JAWI and I was informed that my ex-wife and her boyfriend remarried on the same day (10 November 2010) using a "Wali Hakim".

So the BIG question is, why appeal against the 26 May 2010 court's decision? Since the court had ruled that her father should be her "Wali" and she subsequently got married using her father as her "Wali", then why on earth appeal against the decision after benefiting from it??? What is she up to? Why is she so adamant to use a "Wali Hakim"?

As far as I am aware, "Wali Hakims" are used for children born out of wedlock or in circumstances where the "Wali" cannot be found. To say that her father cannot be found doesn't make sense as he was the one who became her "Wali" on 29 May 2010. Or did he not?

So what was the basis of her application for judicial review that resulted in her and her husband/boyfriend had to be "difaraqkan"? When a marriage is subsequently found to be invalid, the couple are ordered to separate or "difaraqkan". In such circumstances,

1. The couple may remarry;
2. Any children born as a result of the marriage are NOT "anak luar nikah" or NOT "anak tak sah taraf". Such children are known as "anak wati syubhah";
3. The wife (or ex-wife as the case may be) will still be entitled to matrimonial assets

Was her intention to use "Wali Hakim" an attempt to invalidate my marriage with her? Is her intention then to declare that my children are also "anak tak sah taraf" therefore custody should automatically go to her? If such is her grand plan, then she is truly mistaken. In such circumstances, my children will be deemed "anak wati syubhah".

"Anak wati syubhah's" "nasab" will still go to me. It means that they can still carry my name (i.e. "Bin" or "Binti" me), I can still be my daughter's "Wali" and they can inherit my estate. There will be no effect whatsoever on custody.

So the big question is... are her lawyers (4 of them) aware of this? Surely they should! Out of 4, one should know.

I am still stumped. What's their grand plan? The "Wali Hakim" application still remains a mystery to me.

How it ended up this way

On 14 July 2009, I obtained an Ex-Parte Interim Custody Order from the Syariah High Court in Shah Alam.

The order was served on my wife (now ex-wife) on 16 July 2009. As required by law, a copy of my application had to be surrendered to her too. My application exhibited all the key evidences of her extra marital affair. It was at that point that my ex-wife realised that I knew of the extra marital affair and I had gathered considerable amount of evidence to prove it.

In any normal circumstances, one would have given up, admitted to their mistake(s) and not waste time and money to fight a losing battle.

To my surprise, she decided to fight. I simply could not understand why.

About a week after the order was served on her, she tried to file in the "kes induk" or the main custody case. This was her first attempt to fight back and to nullify my interim custody order. An ex-parte order cannot stand on its own. It must have an underlying "kes induk" or main case. At the time I filed for the interim custody, I haven't filed in the main case. Pursuant to Arahan Amalan  No 11 Tahun 2003, I had 14 days to do so. I was later informed by my syariah legal counsel that my ex-wife tried to file the "kes induk" two days after I filed the same. Her application was rejected.

Having failed to nullify the interim custody order on technical grounds, she subsequently filed in an application to set aside the same on 28 July 2009.

About a week after that, I spoke to her. I tried to reason with her and to understand the basis of her wanting to engage in what could be (and have proven to be) and a long, protracted and expensive legal battle. In response, she mentioned to me that she had no choice but to fight in order to

1. show to the children that she had (purportedly) never abandoned them; and
2. prove to family, friends and business partners that she (allegedly) never had an extra marital affair.

She was using the child custody battle as a platform to deny her extra marital affair.

With strong financial backing of her boyfriend (who is also desperate to conceal the affair - probably due to the ongoing Daphne Iking case at the time), and a lawyer who apparently prefess to be a fighter of women's rights, I was in for a protracted and unnecessary legal battle.

Looking back, it is for this reason that she is now (at the time of writing) in a complete mess and desperate. I would hold her lawyer personally responsible for all the blunders (post Ex-Parte Interim Custody Order) and trouble that my ex-wife is in today. Was she using my ex-wife a "guinea pig"? Or was she merely creaming my ex-wife's boyfriend? Or was she too personally and emotionally involved such that her judgement had been severely impaired?

Allah knows best and may Allah make it easy for me, my children and my family. Ameen!

Father has NO right to custody when...

Pursuant to Section 86 of Enakmen Undang-undang Keluarga Islam (Negeri Selangor) 2003, custody of any "anak tak sah taraf" goes to the mother and the mother's family. FULL STOP! No questions asked.

"Anak tak sah taraf" are children born out of wedlock, i.e. a child conceived from extramarital sex, premarital sex, rape or a child born less than 6 months after the parents' "pernikahan".

In such circumstances, the "nasab" does not go to the biological father. The consequence of this are as follows

1. The child cannot carry the biological father's name (i.e. cannot be "bin" or "binti" the biological father's name);
2. The biological father is not the child's "mahram" and therefore cannot be the child's "wali" (for female child). Only "wali hakim" may be used;
3. The child has no right to inheritence to biological's father's estate; and
4. Custody is strictly to the child's mother and the mother's family.

How to lose custody

In the event of a divorce, child custody automatically goes to the mother.

Such is the provision of Section 82(1) of Enakmen Undang-undang Keluarga Islam (Negeri Selangor) 2003 (hereinafter referred to as "EUUKIS").

In the event the mother is not capable of taking custody, or loses her rights, then Section 82(2) of EUUKIS states that the subsequent order of priority for child custody is as follows

1. Maternal grandmother
2. Father
3. Paternal grandmother
4. Sister(s) from the same parents
5. Sister(s) from the same mother
6. Sister(s) from the same father

 and so on...

  

It appears that as a father, I rank 3rd behind my ex-wife.

  

So how does one, lose custody?

Pursuant to Section 84 of EUUKIS, a mother will lose custody if she fulfils ANY of the following conditions

1. She remarries and the child's walfare will be affected as a result of the marriage;
2. Excessive or openly bad behavior;
3. She changes her residency in order to deny the child's father access to monitor the child. Exception is if and when the she returns to her hometown;
4. She renounces Islam; or
5. She neglects or abuses the child

As child custody automatically goes to the mother, the burden of proof is on the father (or anyone else laying claim to custody), that the mother had fulfilled any one of the above conditions.

I was recently informed by a Syariah High Court officer in Kuala Lumpur and an officer at Jabatan Agama Islam Wilayah Persekutuan that for custody cases in Wilayah Persekutuan, a mother will automatically lose custody in the event she remarries.

As for the father, Arahan Amalan 15 Tahun 2007 states that a father will lose custody if he fulfils any one of the following conditions

1. Excessive or openly bad behavior;
2. He renounces Islam;
3. He neglects or abuses the child;
4. He is mentally unsound;
5. He is suffering from leprosy, vitiligo or any other contageous diseases dangerous to the child

At the end of the day, the Syariah Courts will ultimately consider the child's walfare as of paramount importance when making in its decision.

Defrosting

I divorced my ex-wife on 25 September 2009.


On 30 September 2009, my ex-wife filed in an application at the Syariah High Court in Shah Alam to obtain an ex-parte court order amongst other to

1. Freeze all my bank accounts and shares
2. Injunct me from remaining in the matrimonial home
3. Injunct me from removing any items from the matrimonial home
4. Allow her to enter into the matrimonial home to take posession of her personal belongings

The application was made on grounds that I was purportedly in the process of disposing matrimonial assets. The order was granted on 6 October 2009 and the order was expeditiously served to the banks on 8 October 2009. Since it was an ex-parte hearing, I was not aware of it and I had no way of defending myself.


My bank accounts were subsequently frozen on that date.


On 9 September 2010, I filed in an application at the Mahkamah Rayuan Syariah Selangor di Shah Alam to review the validity of the order.


On 17 January 2011, the Mahkamah Rayuan Syariah Selangor decided that the order cannot be enforced as my ex-wife failed to meet certain material conditions.


The Mahkamah Rayuan Syariah Selangor subsequently wrote to the Mahkamah Tinggi Syariah Selangor di Shah Alam on 19 January 2011 informing them of the decision. I received a copy of the letter on 2 February 2011.


I was then subsequently informed that a Mahkamah Rayuan Syariah Selangor court order will be issued. After more than a month of waiting, on 17 March 2011, I decided to write to the banks with a copy of the letter from the Mahkamah Rayuan Syariah Selangor.


I am happy to announce that on 22 March 2011, I was informed by Bank R that my account has now been unfrozen.


Today, I was informed by another bank that they require a formal court order to unfreeze my account, and the courts have informed them that the order is expected be issued next week.


With my bank accounts soon back to normal insyaAllah, I may now pursue justice from all angles.

Nusyuz

Nusyuz in layman's term means "ingkar" or disobedient.


A husband may apply to the Syariah Courts to declare his wife nusyuz. Applications are made at the Mahkamah Rendah Syariah and at the time of the application, both the Plaintif (the husband) and the Defendant (the wife) must still be legally married. The Plaintif must also specify the period in which he wishes to declare the Defendant nusyuz.


The effects of a wife being declared nusyuz amongst others are as follows

1. In the event of a divorce, the wife will not be entitled to "mutaah" or compensation for divorce
2. The wife will also not be entitled to "nafkah iddah"
3. There will also be effects to the wife's share of matrimonial assets

During any nusyuz proceedings, the burden of proof is on the Plaintiff. The Plaintiff will first need to prove that he had issued a "Perintah" to the Defendant. This is usually done via a "Surat kembali taat" where the husband notifies his wife in writing to obey his instructions. Secondly, the Plaintif will then need to prove that despite his written instructions, the Defendant had continued to disobey him. Only then a husband may have strong grounds to apply to the Syariah Courts to declare his wife nusyuz.


The nusyuz period usually starts from the date the "Perintah" is issued or the date the "Surat kembali taat" is received by the wife. The nusyuz period ends when the wife starts to obey her husband's instructions or when the divorce had taken place, whichever is earlier.

Keputusan Bantahan Awal kes Nusyuz

Monday 28 February 2011 was the “Tarikh Keputusan” (decision date) for my ex-wife’s “Permohonan Bantahan Awal” (preliminary objection) for the “Nusyuz” (disobedience) case at the Mahkamah Rendah Syariah Shah Alam.

I filed the “Nusyuz” case on 1 September 2009. As expected, my now ex-wife adopted numerous tactics to delay this case. It would be to her disadvantage if she was declared “Nusyuz” before the “Hadhanah” (child custody) and “Harta Sepencarian” (matrimonial assets) cases are heard.

During the first mention date on 10 September 2009, my ex-wife turned up alone. When we were called, she requested for another mention date on grounds that she has yet to appoint a lawyer to represent her. Typical delaying tactic!

To the best of my knowledge, nothing moved up and until 18 March 2010. Incidently, the courts had decided that 18 March 2010 would be the "Bicara" date for our divorce case. My ex-wife had no choice but to turn up as she wanted the divorce case to be settled (so that she can get married to her boyfriend). 

As for the nusyuz case, by then she had ran out of excuses and reluctantly (I'm sure), she filed her "Penyata Pembelaan" (statement of defence). 6 months to file in her “Penyata Pembelaan”?

Incidently, our divorce was confirmed and concluded by the Mahkamah Rendah Syariah Shah Alam on that date.

During the next mention date on 14 July 2010, my ex-wife filed in a “Bantahan Awal” on the “Nusyuz”. Her application is on grounds that the divorce has already been concluded, therefore rendering the “Nusyuz” case merely an academic one.

The next mention date was set (by my ex-wife’s lawyer) for 21 October 2010 for me to file in my defence. 3 months??? Bloody obvious what they’re up to eh? We promptly filed in our defence and the next mention date was set for 2 December 2010.

As expected, both my ex-wife and her lawyers failed to turn up on 2 December 2010 and subsequently on 11 January 2011. In their absence, it was decided on 11 January 2011 that both parties are to file their “Hujjah” or case summary within 2 weeks and for the “Bantahan Awal” to be decided on 28 February 2011.

Surprisingly, my ex-wife’s lawyer turned up on 28 February 2011. However, not surprisingly, they tried to delay the proceedings again. They filed in their “Hujjah” that very morning in hope that the Honourable Judge would need time to review the same. This is the second time they have filed in their defence on “Tarikh Keputusan”.

The Honorable Judge then looked back on the attendance record and noted that the Defendant (my ex-wife) and her lawyer had failed to turn up for the previous two mention dates. I reckon, this may have prompted him to proceed with the “Keputusan”.

The Honourable Judge decided as follows:

He noted that the “Bantahan Awal” was on the basis that both parties are already divorced and therefore rendering the “Nusyuz” case merely an academic one.

The Honourable Judge however agreed to our “Hujjah” whereby

1.    I had filed by “Nusyuz” case on 1 September 2009, i.e. PRIOR to the divorce;

2.    My application is an application for the Syariah Courts to declare my ex-wife “Nusyuz”, and NOT a “Perintah Kembali Taat” (order to obey) application;

3.    It is the right of a husband to apply to the declare his wife “Nusyuz” whilst the marriage was still in existence; and

4.    The divorce case simply cannot take away that right and there is no provisions in the law for the same.

Based on the above, the Honourable Judge decided that

1.       My ex-wife’s “Permohonan Bantahan Awal” is therefore rejected;

2.      The “Nusyuz” case is to proceed and “Tarikh Bicara” is to be set; and

3.      The cost for the “Bantahan Awal” is to be borne by my ex-wife.

We were ordered to complete our pleadings, i.e. for me to file my “Jawapan Kepada Pembelaan Defendan” within 14 days and for the “Bicara” to commence on 14 April 2011.

Therefore, it is now time for me to start preparing for the “Ikatan Dokumen” (bundle of documents).

The Beginning

This will probably be my most difficult post.

It all started two weeks after my 5 year old son (at that time) was discharged from hospital in April 2009. We spoke about his experience in hospital, where out of the blue, he reported that he saw his mum (my wife at the time) kissing another man in his presence. To say that I was shocked is a complete understatement. I sought clarification form my son and to my horror he said "the man kissed mum on her face and mouth".

I was in a complete state of shock! How can this be? We just celebrated our 10th Wedding Anniversary in March 2009! How could she do this? My wife of all people? The same person who condemned her fellow colleagues in office for having extra marital affairs? The same person who is constantly checking on me, my cellphone messages, my emails and the contents of my computer harddisk for signs of infidelity?

At that time, I suddenly came to reaslise that she has started to guard her cellphone with her life. Gone were the days where she would leave her cellphone lying around the house and her cellphone bills would be left in the mail basket for months. What was she hiding from me?

One fine day, by the Grace of Allah, she left her cellphone in my daughter's room as she went downstairs to the kitchen. I checked her text messages. Much to my horror, she was exchanging romantic text messages with another man. Who the hell is this guy? Why is the number registered pseudomyn "M"?

I checked the call listing. OMG! She was making and receiving calls everyday after midnight. Is that why she no longer sleeps with me and the children in the master bedroom for the past 6 months? No wonder she wouldn't even allow the children to sleep with her. What a liar! So all the complaints about backaches to justify sleeping alone in another room are merely deceptions?

In short, and sadly, I had to come to terms that my wife (at that time) was having an extra marital affair. I didn't sleep over the course of the next 72 hours. Morever, based on the surveillance and investigation that I conducted over the following two months confirmed without a shadow of doubt that she was indeed having an affair.

My marriage was nearing its end. I've got to act! I've got to protect my children. That was my paramount duty as a father. No ways in hell would I allow them to be brought up by such a woman (I reserve my full view and comments on her). It is for that reason that I had to play dumb. Really really dumb. I had to keep my mouth shut. It was bloody painful and only Allah knows how painful it was. But I had to do it for my children. Thinking of their well being gave me the strength to fight. Whether I liked it or not, I was in need of a Syariah Lawyer.

So that is how it all began. It began with the imminent end of my 10-year marriage. Damn you unfaithful and selfish animals!

This blog

The blog is a collection of case studies as well as challenges that I had to go through in my quest for justice under the Selangor Syariah Legal System. Like many others, my foray into the Syariah legal system was not by choice. It was a result of unfortunate circumstances that had led to the breakdown of my marriage. For me, it was (and still is) a journey into the unknown. I simply hope the accounts of my experience would be of benefit to others i.e. to serve as a guide for others seeking similar justice, as a case study into the application and practice of syariah law in the State of Selangor (and possibly Malaysia) and/or as a mere collection of stories of the past two (or more) years of my life.

I wish to stress at this juncture that the purpose of this blog is NOT to undermine, defame or to get back at the relevant parties and it is for this reason, that I shall remain anonymous and withold the identities of all those concerned.