Interim Orders

interlocutory injunctions
injunctions

EPS II
 Type of orders
⚫ Injunctions- under Family law statutes (IFLA)
Molestation/restraining orders s. 107
Taking the child out from the country s. 105
Disposing matrimonial property s. 107A
Disposing any property- to avoid from paying nafkah and mut’ah
s.106

⚫ Shariah Civil Procedures

Temporary nafkah/maintenance for children s. 201
Temporary custody s. 202
 Jurisction
⚫ Syariah High Court in respective states
⚫ There must be a principal case e.g. takliq or fasakh
has been filed.
⚫ Application can be made by either party if necessary
⚫ In practice- the court will stamp the word urgent on
the file
⚫ Set date for hearing either immediately or within 3
days.
 Related rules

⚫ Temporary until final order- Practice Direction No. 4

⚫ Valid for 30 days
⚫ May be applied by way of ex parte- urgent
⚫ No appeal against the order
⚫ Set side by way of inter parte
⚪ In Marlisa Nicholas v Timah & Anor. (2011) ShLR 41
⚪ The court set aside inter parte application to set aside the
interim order previously granted to the mother who had been
deprived of getting access to her children.
⚫ Haslinda lwn Johdi Mattew Byrne @ Yahya
Abdullah (1999) JH
⚫ Injunction to prevent the child from taking out of
jurisdiction
⚫ Urgency
⚫ Radziah Ibrahim v Peter G Gottschalk@ Yusuff
Abdullah (2009) 27 JH 259
⚪ Possibility that the child will be abducted to Germany
 Case

⚫ Badrul Hisham bin Mohamed Ramli lwn Hayati

bt Mohamed Nazir, (2008) 25 JH 55
⚫ Syariah High Court of Melaka set aside an ex parte
order which was previously granted by the Syariah
High Court on the reason that there is no element
of urgency. Furthermore there was an agreement
pertaining to custodial arrangement
⚫ Fatimah Hj. Md. Eusof lwn Wan Shahruddin Wan
Mahmood, (2006) 22 JH 17

⚪ Selangor Syariah High Court declares that interlocutory

injunction that was obtained by way of an ex parte order will
expire in 30 days in the absence of a permanent order.
 Subject matter

⚫ Maintenance for children pending divorce

proceedings- interim order
⚫ Proof of urgency- children will severely affected post
divorce
Duration
Form of payment
Default of payment
 Cont.

⚫ Custody of children pending divorce proceedings

Care and control
Default
Permohonan Interim Hadhanah Siti Zubaidah Chew bt
Abdullah (2009) JH 65
⚪ The couple separated due to domestic violence.
⚪ They have a child and both agreed that to care for the child
alternately.
⚪ Mother convert to Islam, father refused to hand back the child
to the mother. Father refused to allow the mother to get access
to the child.
⚪ Interim order was granted.