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Working Visit of BSK JKSM to Sabah Shariah Judiciary Department

A working visit by the Family Support Division (Bahagian Sokongan Keluarga - BSK), JKSM led by Dr. Hj Mohd Naim bin Hj Mokhtar, Deputy Director of BSK, to the Sabah Shariah Judiciary Department (Jabatan Kehakiman Syariah Negeri Sabah - JKSNS) was held from October 5 - 6, 2010, corresponding to Shawwal 26 - 27, 1431H.


 
The working visit, held over two days, was aimed specifically to provide detailed information related to the roles and functions of BSK, while fostering a closer cooperation between BSK of JKSM and JKNSN.
 
The courtesy visit by Dr. Hj Mohd Naim bin Hj Mokhtar, Deputy Director of BSK, JKSM, was warmly welcomed by YAA Jasri @ Nasip bin Mat Jakir, Shariah Chief Judge of JKNSN, senior officials and staff of JKNSN, including officials from Sabah BSK.

The topics that were discussed in the working visit between BSK of JKSM and JKSNS including:
 
a)The court set the date for mention or adjournment for BSK cases to a significantly long period of time, although the cases need only the endorsement of approval. 

b)Difficulty in handling Court cases other than cases involving the West Coast District Shariah Court, Kota Kinabalu. This is due to the fact that the locations of the Courts are quite a distance from Sabah BSK office which is located in Kota Kinabalu, for example: - 

i)    Shariah Lower Court Kudat district is 190 km away;
ii)   Shariah Lower Court Sandakan is 325 km away; and
iii)  Shariah Lower Court of Tawau is 550 km away. 

c)Difficulty in making appointments with the plaintiff/claimant for those living in rural or remote islands. To date, Sabah BSK has only communicated by phone to get information, followed by delivery of documents through the postal service

For the BSK briefing session, a total of 50 officials, including Court officials, had attended the specially arranged programme to explain the history of the establishment, functions and the latest achievements of BSK, besides a question and answer session with participants at the briefing.

Among the issues raised were -
 
a)   The issue of 'conflict of interest' between the Court and the role of Sabah SBK in representing the parties in court.
b)   Implementation of court orders to employers who are non-Muslims in the issue of Court Order on Income Detention. 
c)  The fact that Sabah BSK Shariah lawyers are given privileges compared to other Shariah lawyers.
d) How to manage the execution of court orders involving the Plaintiff and Defendants who are not living in the same state.
 
Overall, the working visit by BSK of JKSM to JKSNS has been able to achieve the objectives, besides giving a positive impact on JKNSN staff in understanding the role of BSK, and indirectly strengthening the ties and fostering the spirit of cooperation between BSK of JKSM and JKNSN; though the visit was all too brief.

Prepared by: 

MOHD NORMAN BIN ABD JALIL
BSK of JKSM

 

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