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Malaysia – Syariah Court To Manohara: “Be Loyal”

Syarie Judge Mohd Yusof Awang from the Syariah High Court has ordered runaway Indonesian teen model Manohara Odelia Pinot to be loyal to her Kelantanese prince husband and to pay back Rm 1,112,250 (approximately US$327,000) owed to him.

Syarie Judge Mohd Yusof  Awang said: “I am satisfied with the testimony of the plaintiff and witnesses and order that the defendant be loyal and pay the money owed to her husband the Tengku Temenggong of Kelantan.”  The Tengku Temenggong of Kelantan is Tengku Muhammad Fakhry Sultan Ismail Petra.

The Syariah High Court order will be effective when Tengku Muhammad Fakhry Sultan Ismail Petra takes the “Yamin Istizhar” oath in court on January 3, 2010.  Thereafter, Manohara Odelia Pinot will have 14 days to be loyal to her husband, and she must repay the money in lump sum within 30 days.

But what does it mean when the Syariah High Court orders Manohara Odelia Pinot to be loyal to her husband? To put it simply, this is an order for her to return to her husband.  Syarie Judge Mohd Yusof Awang said: “The plaintiff had been a perfect husband and the question of torture does not arise”.

What “torture” was the judge referring to?  The story began in December 2006, when Tengku Muhammad Fakhry Sultan Ismail Petra met then 15-year old Manohara Odelio Pinot at a dinner.  In August 2008, they got married when she was 16 years old and Manohara Odelio Pinot was then conferred the title Cik Puan Temenggong.

But the marriage soon turned into a nightmare.  Manohara Odelio Pinot now says that since her marriage, she became a sex slave to her husband, enduring physical and mental abuses from Tengku Muhammad Fakhry Sultan Ismail Petra. She ran away from her husband and returned to Indonesia .  Tengku Muhammad Fakhry Sultan Ismail Petra tried to get Manohara Odelio Pinot back, buying her a car for her birthday in February 2009. He then invited Manohara Odelio Pinot, her mother and half sister for umroh pilgrimage to Mecca to try and work things out.  But then it was alleged that Tengku Muhammad Fakhry Sultan Ismail Petra kidnapped Manohara Odelio Pinot, leaving her mother and half sister stranded at the airport in Mecca in early March 2009.

In May 2009, the Kelantan royal family went to Singapore to accompany the Kelantan Sultan for medical treatment.  On May 31, 2009 Manohara Odelio Pinot made a dramatic escape from her husband and returned to Indonesia.

Then followed a series of allegations against Tengku Muhammad Fakhry Sultan Ismail Petra concerning sexual, physical and mental abuses against Manohara Odelio Pinot in the media, and in cyberspace.  That’s when Tengku Muhammad Fakhry Sultan Ismail Petra filed the legal suit demanding that Manohara Odelio Pinot be loyal to him, and to return the money owed to him.

Syarie Judge Mohd Yusof Awang said: ”The defendant received more than most women and should be thankful to the plaintiff and royal family.”  The judge added that the defendant ”did resort to using the media and internet to spread lies” and “the defendant has no reason to act in such a manner”.

Speaking after the Syariah High Court’s ruling, Tengku Muhammad Fakhry Sultan Ismail Petra said: “All parties need to respect the decision.” When asked if he expects Manohara Odelio Pinot to be loyal to him, he said: “Certainly”.

But what happens if Manohara Odelio Pinot refuses to be loyal to him?  Wives who don’t return to their husbands within a stipulated time can be declared “nusyuz” by the Syariah Court. “Nusyuz” means “disloyal, rebellious or treacherous”.

What are the consequences of being declared nusyuz? A nusyuz wife has no right to any privileges from her husband, such privileges include the entitlement to receive maintenance. Furthermore, a nusyuz wife can be punished with a fine for disobeying her husband. A wife ceases to be nusyuz the moment she repents and obeys her husband.

Think about it.  There are many cases of domestic violence leading to breakup of marriages.  This case involving  Manohara Odelio Pinot is one of them. Aside from the fact that it involves royal family members, it would not have attracted attention.  But what is interesting is that this case shows that under Islamic law, a wife can be declared as rebellious, disloyal (nusyuz) and legally ordered to return (be loyal) to her husband against whom she has made allegations of sexual, physical and mental abuses.  Given that breakdown in marriages can be caused by either husband or wife, should nusyuz also apply to husbands?

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