Salma v Mat Akhir

Facts of the case:

A divorced wife claimed for the payment of the mas
kahwin of RM600 which had not been paid. The
defendant husband claimed that the wife had
waived her claim to the mas kahwin and had agreed
that he does not have to waive it. The wife denied
this and the defendant called two witnesses who
said they heard a voice stating that a person agreed
not to claim the mas kahwin. This was rejected as
they did not see the person who spoke. The plaintiff
then took an oath to support her denial. The court
decided in favour of the plaintiff and ordered the
defendant to pay the sum of RM600 for the mas
kahwin.
 Issue:
Whether the divorced wife was entitled to the mas
kahwin?

• The court had rejected the defendant’s claim that

the wife had waived her mas kawin as the
witnesses only heard a person waiving the funds,
but did not visually see it happening.
• The court also held that the wife’s right to mas
kahwin is compulsory under hukum syarak. The
court also added that the wife had not done
anything which would cause for its non-payment.
 Conclusion:

• A woman’s right to mas kahwin is a

fundamental right which she is entitled
to even after dissolution of marriage.