FIRST DRAFTED ON TUE, 26 MAY 2015
PENAMPANG. A father from Kg Togop here, testified before
the Native Court that a man and his family from Menumbok have failed to honour
the terms of the engagement between the man and his daughter.
However, he failed to remember the dates of the meetings
between the two families to discuss the marriage proposal except 27 September
2014 as shown in the engagement form which was signed by both parties and
witnesses. However the local village chief did not sign and certify the form
because the potential fiancé and family were not ready as they came empty
handed.
He claimed that the man has agreed to the dowry of
RM1500, one buffalo and RM10,000 for the wedding celebration cost but sometimes
afterwards came back with only RM 1500 which he did not accept on the advice of
his village chief.
He had given them reminders of their promises but came
back with many excuses. He made a police report on 11 March 2015 when the
daughter came home and was already pregnant as a result of the couple staying
together at Putatan.
He alleged that the couple had got married at JHEAINS
(Sabah Islamic Affairs Department) and changed the daughter’s religion without
his knowledge.
The plaintiff summed up by telling the court that he has
no objection of their marriage at the JHEAINS as long as the traditional adat
of the Kadazan is respected beforehand.
When the man as first defendant took his turn to make a
statement, he agreed with the plaintiff except his allegation that he had
converted his daughter. He declared that she became a muslim by choice on 10
Aug 2010 long before their liaison.
He refuted suggestion that he had married the girl at
JHEAINS to avoid the native adat but did so to avoid having an illicit
relationship at the same time he cannot afford the cost as stated in the form.
He did not mention his present job.
He countered the plaintiff’s allegation that during the
first meeting he was told to initiate the engagement, while the second meeting
was supposed to be the engagement but the village head was not present.
Their “sijil nikah”(marriage certificate) was dated 19
Jan 2015 and the bride’s younger sister named as Sharon was inform to tell the
father about the “nikah”, a fact he admitted as improper.
He confirmed that the girl is pregnant as a result of
their marriage.
When asked by the court, he claimed that his family has
come to negotiate on the wedding cost but the girl’s family were angry after
drinking and getting drunk.
When the daughter entered the witness box for her
statement, she surprised the court by declaring that she converted in 2010 when
she married her first husband but are officially divorced before marrying again.
Her present husband was also married before but also divorced. Both of them
produced copies of divorce certificates from JHEAINS. She however confirmed
that her latest “nikah” was done without the knowledge of her father.
When asked whether it was an offence to stay together
without a proper marriage, she answered yes under the adat but not in Islam.
When asked to confirmed she changed her statement that it is wrong both under
the adat and also in Islam.
She also stated that during a meeting to discuss the
dowries, she was at work and got a message through her phone that the suitor’s
family were detained at her father’s house.
Her mother-in-law was allowed by the court to clarify on
her statement but she confirmed that the so-called detention was not by force
nor had criminal intent.
Hence the court exempted her from being subpoena as a
witness to testify on the detention.
After all the statements were signed, the panel of judges
led by District Chief Bryan Matasing together with Native Chief Andrew S Lidaun
and Village Chief Rita John set the date of verdict on 23 June 2015.
