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.

Cover image via Ahmad Hasbi/Harian Metro & Raja jaafar Ali/Utusan Malaysia

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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.

Fauziah with Mohd Amirul Adam Ahmad.

Image via Azrul Edham/Harian Metro

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.

Bedridden Jahidah Nordin.

Image via Ahmad Hasbi/Harian Metro

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.

Rosmaini being escorted to the court on 17 June 2021.

Image via Raja jaafar Ali/Utusan Malaysia

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