Syariah Court Grants Woman 'Fasakh' After Husband Puts Her In Coma While She Was Pregnant
The husband brutally beat up the woman in May 2021, leaving her gravely injured and fighting for her life.
By Sadho Ram — 16 Mar 2023, 12:59 PM — Updated over 1 year ago
The family of a 44-year-old woman, whose husband's beatings put her in a coma and left her bedridden for life, can finally breathe a sigh of relief after the Seremban Syariah Lower Court approved her fasakh
The Syariah Lower Court approved the application for a fasakh claim by the woman, Jahidah Nordin, against her 40-year-old husband, Rosmaini Abd Raof, starting Tuesday, 14 March.
Fasakh is the annulment of marriage on permitted grounds under Islamic Family Law (Federal Territories) Act 1984. A fasakh is sought by a Muslim woman and brought about by an order of the court.
According to a report in Sinar Harian, the victim was represented by her sister, 41-year-old Fauziah, who filed the fasakh claim on 1 February this year on behalf of Jahidah.
Fauziah was assisted by Mohd Amirul Adam Ahmad from the Negeri Sembilan Legal Aid Department.
Judge Hamizan Mohd Nor made the decision after considering a seven-page written statement, comprising 31 questions and answers, before the judge asked further questions to Fauziah during the proceeding.
Fauziah said that she was grateful as the family has been waiting for a decision on the marriage status of her sister who has been suffering for almost two years, reported New Straits Times.
"It has lessened my burden. I will discuss with the lawyer about (child custody and alimony) because it has to be done one by one as I have to care for my sister and her children," Fauziah said.
She will now focus on the criminal case involving Rosmaini, which is currently ongoing in court.
On 4 May 2021, Rosmaini, who has three wives, brutalised Jahidah by assaulting her on the head and face and stomping on her back
He cracked her head, causing internal bleeding in the brain, and broke her jaw, spine, and ribs. Part of her skull had to be removed due to internal bleeding, according to a Bernama report.
She was initially admitted to the Intensive Care Unit (ICU) of Sultanah Aminah Hospital, Johor Bahru and then transferred to Tuanku Ja'afar Hospital, Seremban at the request of the family.
Jahidah fell into a coma due to the injuries she suffered. At the time of the assault, she was six weeks pregnant and gave birth to a baby boy by Caesarean section in November of that year.
On 17 June, a month after the assault, Rosmaini was charged.
He, however, pleaded not guilty at the Johor Bahru Sessions Court to the charge of beating his pregnant third wife into a coma.
He was charged under Section 325 of the Penal Code, which can result in a prison sentence of up to seven years and a fine, and Section 326A, which can result in a prison sentence of up to two years, if convicted.
The court then allowed Rosmaini to be bailed at RM7,000 with two sureties. He was also ordered to report to the nearest police station every month and instructed to not disturb Jahidah.
If you or anyone you know may be at risk of domestic violence, please call these Malaysian hotlines:
1. WOMEN'S AID ORGANISATION (WAO)
24-hour
Contact: +603-30008858
SMS/WhatsApp: +6018-9888058
Website | Facebook | Twitter
2. ALL WOMEN'S ACTION SOCIETY (AWAM)
Weekdays (9.30am - 4.30pm)
Contact: +603-78770224
WhatsApp: +6016-2284221 | +6016-2374221
Email: [email protected]
Website | Facebook | Twitter
3. WOMEN'S CENTRE FOR CHANGE PENANG (WCC PENANG)
Weekdays (9am - 5pm)
Contact: +604-2280342 | +604-3988340
WhatsApp: +6011-31084001 | +6016-4390698
Email: [email protected]
Website | Facebook | Twitter
4. TALIAN KASIH
24-hour
Contact: 15999
WhatsApp: +6019-2615999
Email: [email protected]
Website | Facebook
5. TELENISA LEGAL AID CLINIC
Weekdays (8am - 10pm)
Contact: +6012-8123424
WhatsApp: +6012-8123424
Email: [email protected]
Facebook | Twitter
6. BUDDY BEAR CHILDLINE
Daily (12pm - 12am)
Contact: 1800-18-2327
