Enforcement of Child Maintenance Arrears in Malaysian Syariah Courts: An Analysis of Judgment Debtor Summons

Child maintenance is a fundamental right of children guaranteed under Islamic law and the Islamic family law framework in Malaysia. Despite the authority of the Syariah Courts to issue child maintenance orders, persistent non-compliance continues to result in the accumulation of maintenance arrears, adversely affecting children’s welfare. The core issue lies not in the absence of legal provisions, but in weaknesses in the enforcement of existing maintenance orders. Accordingly, this study examines the effectiveness of the Judgment Debtor Summons (JDS) as an enforcement mechanism for child maintenance arrears in the Malaysian Syariah Courts. This study adopts a qualitative approach through library-based research, document analysis, field observations, and content analysis of statutory provisions, judicial decisions, and enforcement practices. The analysis focuses on four key aspects is a first the concept and legal standing of the JDS in child maintenance enforcement, the requirement of a maintenance arrears order as a prerequisite for filing a JDS, issues relating to the service of summons, and the role of the JDS as a coercive enforcement mechanism. The findings reveal that the JDS is the fastest and most practical enforcement mechanism compared to initiating fresh claims for maintenance arrears, and that requiring a maintenance arrears order in all circumstances is unnecessary. The study also finds that flexibility in service methods enhances enforcement effectiveness, while negotiations through the Family Support Division serve as a complementary mechanism to formal enforcement. Overall, the study highlights the significance of the JDS in ensuring compliance with child maintenance orders, subject to procedural clarity, consistency in judicial practice and effective institutional support.

Authors

Institutions

Publication Details

Journal
International Journal of Academic Research in Business and Social Sciences
Published
2026-01-25
DOI
https://doi.org/10.6007/ijarbss/v16-i1/27507
Primary Topic
Linguistic, Cultural, and Literary Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Enforcement of Child Maintenance Arrears in Malaysian Syariah Courts: An Analysis of Judgment Debtor Summons

Mohd Hazwan Ismail, Wan Khuzaifiah Wan Jusoh, Nur Sarah Tajul Urus
International Journal of Academic Research in Business and Social Sciences
Linguistic, Cultural, and Literary Studies
article

Enforcement of Child Maintenance Arrears in Malaysian Syariah Courts: An Analysis of Judgment Debtor Summons

Mohd Hazwan Ismail, Wan Khuzaifiah Wan Jusoh, Nur Sarah Tajul Urus
article en

Abstract

Child maintenance is a fundamental right of children guaranteed under Islamic law and the Islamic family law framework in Malaysia. Despite the authority of the Syariah Courts to issue child maintenance orders, persistent non-compliance continues to result in the accumulation of maintenance arrears, adversely affecting children’s welfare. The core issue lies not in the absence of legal provisions, but in weaknesses in the enforcement of existing maintenance orders. Accordingly, this study examines the effectiveness of the Judgment Debtor Summons (JDS) as an enforcement mechanism for child maintenance arrears in the Malaysian Syariah Courts. This study adopts a qualitative approach through library-based research, document analysis, field observations, and content analysis of statutory provisions, judicial decisions, and enforcement practices. The analysis focuses on four key aspects is a first the concept and legal standing of the JDS in child maintenance enforcement, the requirement of a maintenance arrears order as a prerequisite for filing a JDS, issues relating to the service of summons, and the role of the JDS as a coercive enforcement mechanism. The findings reveal that the JDS is the fastest and most practical enforcement mechanism compared to initiating fresh claims for maintenance arrears, and that requiring a maintenance arrears order in all circumstances is unnecessary. The study also finds that flexibility in service methods enhances enforcement effectiveness, while negotiations through the Family Support Division serve as a complementary mechanism to formal enforcement. Overall, the study highlights the significance of the JDS in ensuring compliance with child maintenance orders, subject to procedural clarity, consistency in judicial practice and effective institutional support.

International Journal of Academic Research in Business and Social SciencesVol. 16(1)
Islamic University (BD)
Peace, Justice and strong institutions
Openalex Percentile: Top 80%
Linguistic, Cultural, and Literary Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Enforcement of Child Maintenance Arrears in Malaysian Syariah Courts: An Analysis of Judgment Debtor Summons — Mohd Hazwan Ismail, Wan Khuzaifiah Wan Jusoh, et al. · International Journal of Academic Research in Business and Social Sciences (2026) | TGRS Research Map | TGRS