It would appear so following today’s Federal Court decision in dismissing her appeal on a 2 – 1 majority. In deciding that her divorce petition was prematurely filed as against the provision under Section 51 of the Law Reform (Marriage and Divorce) Act 1976, she is now back to square one i.e. still being legally married to her husband under civil laws.
Section 51 of the Law Reform (Marriage and Divorce) Act 1976 reads as follows:-
51. Dissolution on ground of conversion to Islam.
(1) Where one party to a marriage has converted to Islam, the other party who has not so converted may petition for divorce: Provided that no petition under this section shall be presented before the expiration of the period of three months from the date of the conversion.
(2) The Court upon dissolving the marriage may make provision for the wife or husband, and for the support, care and custody of the children of the marriage, if any, and may attach any conditions to the decree of the dissolution as it thinks fit.
The problem lies in the other decisions made by the Federal Court which inter alia held that non-Muslim marriages which were dissolved by Syariah Courts have no legal effect to the marriage in Civil Courts unless it is dissolved by Civil Courts but it does not preclude the now-Muslim partner to seek remedies in the Syariah Court. It was also held that the non-Muslim partner has no locus standi in the Syariah Court and therefore, can only seek remedies in the Civil Courts and that both the Syariah Courts and Civil Courts are of equal standing. Based on whatever little reports available at the time of reading (from the Malaysian Bar website and Malaysiakini) this effectively suggests that the said marriage can now have and is possible to have 2 sets of orders of equal standing! Read more
Some people have asked me whether a claim made on a motor insurance policy for breakage of windscreen or door window glass will result in forfeiture of their NCB for the subsequent policy year. The answer depends on whether you have purchased additional coverage for windscreen replacement.
By default, whilst you may make a claim for breakage of windscreen and the replacement, you stand to lose your NCB entitlement as it is a claim made on the policy. However, by purchasing additional premium for the coverage (which presently is calculated at 15% of the amount of coverage wanted), your NCB will not be affected.
Let’s say you have asked around some workshops and they say your motorcar’s windscreen costs RM500.00 to replace. Assuming you wish to get coverage for RM500.00, your additional premium will be RM75.00. Once you make a claim during a policy year, the sum insured on the windscreen will be used. Any remaining balance can be utilised for the remaining days of the policy year but it may not be adequate for another claim unless you purchase further coverage.
One piece of advise:- If you intend to purchase additional premium for windscreen breakage coverage, do insure up to the value of the rear windscreen (which usually has demister wires running across) as the rear windscreen is usually the more expensive windscreen compared to the front windscreen.