Woman in ‘bigamous’ marriage after court rules previous marriage still legal

Judge to hear application for divorce on Oct 22 after husband denies declaring triple talaq

3:50 PM MYT

 

TANAH MERAH – The shariah lower court here today ruled a businessman and a woman, who claimed to have been divorced by the him and then married another man, are still legally married.

Judge Ahmad Hariri Mohd Saad made the decision after Rahaman K. A. Mohamed Jaafar, 47, took the “sumpah laknat” (curse oath) by swearing that he had never divorced the woman, Wan Nor Shakirin Wan Abdul Razak, 32, with the triple talaq (talak tiga) as was claimed. 

“With this oath (by Rahaman), the court decides that the defendant and the plaintiff are still legally married unless the plaintiff comes back to court with new evidence,” said the judge. 

The court then set October 22 to hear Wan Nor Shakirin’s application for divorce from Rahman.  

At the divorce confirmation proceedings today, Rahaman was represented by lawyer Marzuqi Muhamad, while Wan Nor Shakirin, who was not in court, was unrepresented. 

The judge had set today to confirm the divorce pronouncement by Rahaman after finding the testimony by Wan Nor Shakirin that she had been divorced was not strong.  

Wan Nor Shakirin had told the court that Rahaman had pronounced the “talak tiga” on her, but the man denied doing so. 

The couple were married in Narathiwat, Thailand, on January 2, 2019, and then registered the marriage at the Tanah Merah religious office last June 6. 

However, Rahaman claimed that he was informed by the religious office in Putrajaya that Wan Nor Shakirin had married another man, Mohd Kamarulazhar Ayob, 42. 

Following that, on July 5, Rahaman through shariah lawyer Marzuqi Muhamad filed for “faraq” (separation or dissolution) of the marriage between Wan Nor Shakirin and Mohd Kamarulazhar at the Kota Bharu Shariah High Court. 

Last August 7, the court issued an interim falaq order between Wan Nor Shakirin and Mohd Kamarulazhar pending the divorce confirmation in Wan Nor Shakirin’s marriage to Rahaman. – October 8, 2023

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