What happens when a husband is anti-vaxx and the wife tries to protect herself from Covid-19?
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A lovers quarrel in Terengganu has lives at stake.
A local housewife was seeking legal counsel when her husband threatened divorce after she went and got herself vaccinated for Covid-19 without his permission.
In an interview with Berita Harian, Syariah lawyer Maryam Wafda Kamilen from the Tetuan Wafda Kamilen & Associates legal firm revealed details of a peculiar case of theirs in which a woman had sought advice on whether her marriage was still legitimate.
Apparently, the husband in the story had forbidden his wife from getting vaccinated and professed a “taklik” without knowing that his wife had already gotten her first jab.
The couple was said to be having a long-distance marriage and the wife had gotten her first vaccine dose on 29 August.
Breach of contract?
In Islamic marriages, a taklik is basically a special condition that is agreed upon by the couple as part of the terms of their marriage.
Conditions for a taklik can be anything from standard stuff like the husband not being allowed to be away from the wife for a set period of time, to more egregious rules like needing to make a certain amount of money for a living or wanting a set number of children.
Taklik conditions can also be changed or removed based on the agreement of both parties.
Breaching the contract would obviously result in a divorce, and here in Malaysia, the details of a taklik are inscribed on a couple’s marriage certificate.
Not the first rodeo
Maryam says that her law firm has handled about three or four similar cases since the Covid-19 pandemic.
The firm advised all women who are personally affected by such predicament to immediately file their cases with the State or Federal Syariah Courts.
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