CASE REVIEW

CITATION OF CASE
KHORI BT AHMAD & ANOTHER
APPELLANT: KHORI BT AHMAD
RESPONDENT:
LEVEL OF COURT
SYARIAH HIGH COURT, KUALA TERENGGANU
JUDGES
ISMAIL YAHYA J.
PRINCIPLE OF THE CASE
WALI RAJA
FACT OF THE CASE
The appellant who is a Cambodian woman, had married a local man (Abu Samah) at
Kg Banggol Cempedak, Serada Terengganu.
The marriage was solemnized by an accredited jurunikah (Haji Yusof), who also
doubled-up as Wali Raja for the applicant.
It was not disputed that the applicants wali from nasab (elder brother from same
mother and father) was at the material time in Cambodia and was not present for the
solemnization.
Be that as it may, permission for the marriage was granted by the Assistant Registar
of Muslim Marriages, Divorces and Rujuk, Mukim of Kepong/Serada and the
marriage was registered pursuant to the provisions of the Administration of Islamic
Family Law Enactment 1985 [Terengganu].
ISSUE
Whether must be consented to by syarie judge
Whether irregular
Whether to be re-solemnized
Whether jurunikah could act as Wali Raja

JUDGEMENT
Annulling the marriage and ordering it to be solemnized afresh.
COMMENTARY
Honestly, i am very agree of the decision that was made by the judges because according
to syarak, the walis are those who are related by way of nasab to the woman, namely