Current laws not enough to get deadbeat dads to pay up: Experts
Dania Kamal Aryf
Published: Aug 8, 2025 11:10 AM
Updated: 3:24 PM
Summary
Experts have welcomed Seputeh MP Teresa Kok’s suggestion for a federal-level Child Support Agency, saying that existing laws are ineffective in getting absent fathers to pay for child support.
Speaking to Malaysiakini, representatives and legal experts from women’s NGOs agreed that a federal agency for all Malaysians, regardless of religion, could lead to more effective enforcement for maintenance payments and hold absent fathers accountable.
SIS Forum representative Ameena Siddiqi strongly welcomed the idea, saying that SIS had also been campaigning for a similar agency as early as 2005.
“From our research, we have constantly found that men do not necessarily follow the court orders, and the court orders are not enforced strongly enough. These men often get away without paying nafkah (alimony)…
“We have cases where they haven’t paid nafkah for 10 years, until the children are grown up. The mothers go through a lot of suffering, both mental and financial, and because of this, the children also suffer,” she said.
Child maintenance a key issue
Ameena also cited findings from the organisation’s free legal aid service, Telenisa, which assists women on issues related to Islamic Family Law, including alimony for single mothers and their children.
Published: Aug 8, 2025 11:10 AM
Updated: 3:24 PM
Summary
- Activists and experts have agreed with Teresa Kok’s suggestion in Parliament to set up a federal-level Child Support Agency, as existing legislation is not enough to get absent fathers to pay alimony.
- SIS Forum and a lawyer point out that court orders to pay nafkah are often not strongly enforced, thus allowing men to evade fulfilling their responsibility.
- Tenaganita also suggests that such a new agency adopt a holistic approach that focuses on supporting single-parent households.
Experts have welcomed Seputeh MP Teresa Kok’s suggestion for a federal-level Child Support Agency, saying that existing laws are ineffective in getting absent fathers to pay for child support.
Speaking to Malaysiakini, representatives and legal experts from women’s NGOs agreed that a federal agency for all Malaysians, regardless of religion, could lead to more effective enforcement for maintenance payments and hold absent fathers accountable.
SIS Forum representative Ameena Siddiqi strongly welcomed the idea, saying that SIS had also been campaigning for a similar agency as early as 2005.
“From our research, we have constantly found that men do not necessarily follow the court orders, and the court orders are not enforced strongly enough. These men often get away without paying nafkah (alimony)…
“We have cases where they haven’t paid nafkah for 10 years, until the children are grown up. The mothers go through a lot of suffering, both mental and financial, and because of this, the children also suffer,” she said.
Child maintenance a key issue
Ameena also cited findings from the organisation’s free legal aid service, Telenisa, which assists women on issues related to Islamic Family Law, including alimony for single mothers and their children.
“Actually, last year, in our Telenisa report launch, we also recommended this type of agency, which is not meant just for Muslim women, but for all Malaysian women.
“According to our reports, most of the calls on our helpline we get are about child maintenance, how to enforce child maintenance, and where to go for help,” she said.
Ameena also emphasised the necessity of a federal agency to overcome discrepancies between syariah court rulings in different states and highlighted that such a body would also be able to gather and access important data, such as family details and household income, more efficiently.
Decades since last legislative review
Lawyer Nizam Bashir echoed similar sentiments and argued for a review of existing legislation alongside the establishment of the proposed agency.
While the existing Married Women and Children (Maintenance) Act 1950 is relatively robust, he said it only applies to non-Muslims and has not been reviewed since the early 1990s.
Likewise, Muslims in the Federal Territories are also bound by the Islamic Family Law (Federal Territories) Act 1984, which outlines a comprehensive framework for the legal maintenance of children.
However, despite the existing laws, Nizam highlighted that there is still a lack of effective enforcement against absent fathers who fail to meet their legal obligations.
“Obligations in this regard don’t just impact mothers but also the children, and we must ensure that we provide the best environment for children to thrive and prosper irrespective of the marriage having failed,” he said.
Nizam further suggested systemic improvements, such as for the outcome of compliance findings to be finalised within one to two months, for compliance hearings to be fixed weeks in advance, and for courts to have easier access to financial accounts of the relevant parties to resolve claims.
If the involved parties fail to provide appropriate reasons, payment defaulters should also be subjected to custodial orders, such as being jailed, he said.
‘Cannot assume fathers will comply’
Earlier this week in Parliament, Kok proposed the establishment of a federal Child Support Agency to automatically enforce maintenance payments on fathers who fail or refuse to support their children.
Teresa Kok
While debating the 13th Malaysia Plan (13MP), the DAP leader said the National Family Care Agenda cannot assume that fathers will automatically fulfil their responsibilities, contrary to realities faced by many single mothers.
She urged the government to model the agency after those in countries such as Australia, the United Kingdom, and Canada, which operate government-run systems to enforce maintenance payments through wage deductions, passport suspensions, and legal action.
Women’s Aid Organisation (WAO) executive director Nazreen Nizam also expressed support for Kok’s suggestion and urged that the agency adopt a holistic framework for a more effective outcome.
“To ensure its success and fairness, (we) urge that the agency be established with strong governance structures, transparency, and adequate resources, alongside holistic measures such as public education campaigns and supportive services for single-parent households,” she said.
Glorene Das from Tenaganita, an NGO focused on women’s and migrants’ rights, similarly suggested that the efforts should be taken from a trauma-informed and survivor-centred approach.
While debating the 13th Malaysia Plan (13MP), the DAP leader said the National Family Care Agenda cannot assume that fathers will automatically fulfil their responsibilities, contrary to realities faced by many single mothers.
She urged the government to model the agency after those in countries such as Australia, the United Kingdom, and Canada, which operate government-run systems to enforce maintenance payments through wage deductions, passport suspensions, and legal action.
Women’s Aid Organisation (WAO) executive director Nazreen Nizam also expressed support for Kok’s suggestion and urged that the agency adopt a holistic framework for a more effective outcome.
“To ensure its success and fairness, (we) urge that the agency be established with strong governance structures, transparency, and adequate resources, alongside holistic measures such as public education campaigns and supportive services for single-parent households,” she said.
Glorene Das from Tenaganita, an NGO focused on women’s and migrants’ rights, similarly suggested that the efforts should be taken from a trauma-informed and survivor-centred approach.
Glorene Das
“For any enforcement mechanism to be effective, it must go beyond legal orders. Survivors need holistic support, including legal aid, psychosocial counselling, safe shelter, and protection from retaliation.
“While Tenaganita is not a legal expert in child support policy, we view the proposed enforcement agency as a potentially important step toward upholding the rights of children and supporting single mothers, particularly those from marginalised backgrounds, including migrants, refugees, and asylum seekers.
“The agency must be designed with ground realities in mind, adopting trauma-informed approaches, culturally sensitive communication, and working closely with grassroots networks. Our work with domestic workers and trafficking survivors has shown the importance of clear reporting channels, survivor protection, and consistent follow-up,” she said.
“While Tenaganita is not a legal expert in child support policy, we view the proposed enforcement agency as a potentially important step toward upholding the rights of children and supporting single mothers, particularly those from marginalised backgrounds, including migrants, refugees, and asylum seekers.
“The agency must be designed with ground realities in mind, adopting trauma-informed approaches, culturally sensitive communication, and working closely with grassroots networks. Our work with domestic workers and trafficking survivors has shown the importance of clear reporting channels, survivor protection, and consistent follow-up,” she said.
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If Akmal with so much vigour and energy could look into this, the ponteng-risation of alimony amongst Muslim ex-husbands, he ought to be made a Tan Sri - but alas, he only luvs to hound Chinese Ah Pek and Chinese-run supermarkets
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