Analysis of Compliance with Maintenance Orders: Judgment Debtor Summons

By Jazilah Mohd Saad.

Published by The International Journal of Interdisciplinary Civic and Political Studies

Format Price
Article: Print $US10.00
Published online: July 15, 2015 $US5.00

A Judgment Debtor Summons is a postjudgment action seeking to enforce and execute a court order involving the payment of money. As a postjudgment action, it should be differentiated from prejudgment action. Nevertheless, in a Syariah court, there is not much difference in practical terms—there are significant similarities in terms of registration and trial of the case (examination of the judgment debtor’s ability to pay the money). The purpose of this paper is to analyze the implementation of the Judgment Debtor Summons while attempting to restore compliance with a payment order issued by a Syariah court. Content analysis of Judgment Debtor Summons cases is performed to determine the level of compliance with the order of payments. The process of implementing a Judgment Debtor Summons proceeding in a Syariah court must be improved to ensure justice and welfare for the judgment debtor.

Keywords: Judgment Debtor Summons, Compliance, Maintenance Orders, Shariah Court

The International Journal of Interdisciplinary Civic and Political Studies, Volume 10, Issue 4, pp.33-37. Article: Print (Spiral Bound). Published online: July 15, 2015 (Article: Electronic (PDF File; 352.432KB)).

Jazilah Mohd Saad

Chief Assistant Director, Family Support Division, Department of Syariah Judiciary, International Islamic University Malaysia, Putrajaya, Wilayah Persekutuan, Malaysia