Islamic Family Law Act · 2012 Revised Edition · Part V · Part v a
60E. Compensation
Official textFrom Attorney General's Chambers, unchanged
Where a victim of dharar Syar’ie suffers personal injuries, destruction or damage to property, loss of property or financial loss as a result of the dharar Syar’ie, the Court may award such compensation in respect of such injuries, destruction, damage or loss as it considers just and reasonable.
The Court may take into account —
the pain and suffering of the victim, and the nature and extent of the physical or mental injury suffered;
the cost of medical treatment for any such injury;
any loss of earnings arising from any such injury;
the amount or value of the property destroyed, damaged or lost;
necessary and reasonable expenses incurred by or on behalf of the victim when he is compelled to separate or be separated from the defendant due to the dharar Syar’ie, such as —
lodging expenses to be contributed to a place of protection;
transport and moving expenses;
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the expenses required in setting up a separate household which, subject to subsection (3), may include amounts representing such housing loan payments or rental payments or part thereof, in respect of the shared residence or alternative residence, for such period as the Court considers appropriate.
In considering any expenses that may be taken into account under subsection (2)(e)(iii), the Court may also take into account —
the financial position of the victim as well as that of the defendant;
maintenance to be paid or any other obligatory expenses to be made or contributed by the defendant that arise from the relationship that exists between the parties;
the possibility of other proceedings being taken between the parties and the matter being more appropriately dealt with under other provisions of this Act or of any other written law relating to the financial provision of spouses or former spouses and other dependants.
Power of arrest.
Terms defined in s 60A
place of protection
Defined · s 60A“place of protection” means any place or institution — (a) declared as such under section 60I(1); (b) maintained or managed by any agency or voluntary organisation approved by the Minister of Culture, Youth and Sports for the purposes of this Part; or (c) suitable whereby the owner, occupier or manager is willing to receive the victim;
shared residence
Defined · s 60A“shared residence” means the premises at which the parties are, or have been, living together as members of the same household;
Part VI
Maintenance of Wife, Children and Others
Part VII
Part VIII
Part IX