Case: Fatimah binti Osman v Norazmi bin Tukiban

Location Judge Date

Case Code

: The Syariah High Court Johor Bahru : Y.A. Tuan Haji.Ali b. Ahmad, Hakim. : 14 June 1999
: 014

THE PARTIES The parties in this case consists of the plaintiff (Fatimah binti Osman) being the wife of a defendant who has claimed fasakh for the reason of al syiqaq and al-darar against the defendant (Norazmi bin tukiban) as the husband of the plaintiff. In this claim, Syarie (Puan Zainab Jan and Ungku Mohsin bin Ungku Sulaiman) was representing the plaintiff and the defendant is presented by Syarie (Encik Mohd tahir bin Abdul Rahman)

FACTS OF THE CASE Both parties in this case was lawful spouses through a second marriage which take place on July 31, 1988 as marriage certificate number 221/89. Results second marriage was blessed with three children Norazmi Nor Farani bt (9 years), Mohd Fikri bin Norazmi (8 years) and Nor Fatin Suraya bt Norazmi (3 years). Plaintiff lived at the address of Lot 25 '03, Level 25, Public Bank Tower, 19 Jalan Wong Ah Fook, 80000 Kuala Lumpur. Defendant lived at the address No.32, 11 Commercial Road, Garden Power, 81100 Kuala Lumpur. Both parties have not lived together since the plaintiff was out from the house for the second time on 9/15/1997. In this case the plaintiff claim for fasakh because her husband has neglected its responsibilities as a husband and father of the children and had failed to maintain themselves and their children. Husband was also charged habitually assaults or makes the life of the plaintiff miserable due to the Plaintiff behavior. Plaintiff claims to have abused by the husband for using a device that can damage the uterus during sexual intercourse which is a goat's eyelashes alleged cause pressure on the plaintiff and due to that she suffered some sort of depression. However, Plaintiff has twice out of the house without the consent of the husband and the first time out of the house for one year and the last time since 15/9/1997 until the case is heard.

JUDGEMENT Fasakh claims submitted by the plaintiff against the defendant as the husband on the grounds that her husband habitually assaults and cause harm to the plaintiff was rejected because there is no strong evidence in accordance with Islamic Law in the chapter on divorce and fasakh. The court ordered both parties to attempt to return to live as husband and wife according to Islamic law on their family life with a consensus-based worship, piety, patience, mutual respect and hold to receive the test, it may be that God will continue the withholding for married life based on further He says in Surah al-Qasas verse 77, which means: "do good as Allah has been good to you Court order costs incurred by each.Counterclaim be dismissed, as no claim to any arguments and evidenceEach party shall perform the trust and duties conferred by God the defendant as the husband of the plaintiff as the best and the best wife to execute a trust to educate their three children. ANALYSIS OF JUDGEMENT
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