Enforcement of Child Maintenance Arrears in Malaysian Syariah Courts: An Analysis of Judgment Debtor Summons

Child maintenance is a fundamental right of children guaranteed under Islamic law and the Islamic family law framework in Malaysia. Despite the authority of the Syariah Courts to issue child maintenance orders, persistent non-compliance continues to result in the accumulation of maintenance arrears, adversely affecting children’s welfare. The core issue lies not in the absence of legal provisions, but in weaknesses in the enforcement of existing maintenance orders. Accordingly, this study examines the effectiveness of the Judgment Debtor Summons (JDS) as an enforcement mechanism for child maintenance arrears in the Malaysian Syariah Courts. This study adopts a qualitative approach through library-based research, document analysis, field observations, and content analysis of statutory provisions, judicial decisions, and enforcement practices. The analysis focuses on four key aspects is a first the concept and legal standing of the JDS in child maintenance enforcement, the requirement of a maintenance arrears order as a prerequisite for filing a JDS, issues relating to the service of summons, and the role of the JDS as a coercive enforcement mechanism. The findings reveal that the JDS is the fastest and most practical enforcement mechanism compared to initiating fresh claims for maintenance arrears, and that requiring a maintenance arrears order in all circumstances is unnecessary. The study also finds that flexibility in service methods enhances enforcement effectiveness, while negotiations through the Family Support Division serve as a complementary mechanism to formal enforcement. Overall, the study highlights the significance of the JDS in ensuring compliance with child maintenance orders, subject to procedural clarity, consistency in judicial practice and effective institutional support.