Foreign husband overstayed in Malaysia. How to cancel the blacklist against him?

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asked on Oct 6, 2017 at 14:51
by   Giatar
edited on Oct 23, 2017 at 10:42
I am married with a foreign guy in Thailand December last year. Then on February 2017, we went to Jabatan Agama Islam Selangor (JAIS), religious office because we wanted to register our marriage. We went through all the process on court and everything.

Then, last month we attended a final say which is the day the court give us punishment. I got 3 days jail and RM900 fine. My foreign husband got 3 days jail and RM600 fine.

So we paid the fine and went through the jail punishment.

However, on the release day, my husband didn't come out from the jail gate. I checked with the gate officers for whereabouts of my husband and was being told that my husband was being taken and brought by the Immigration to Machap Umboo Detention Camp for "pengusiran" process to send him back to his home country.

So I called up Machap Umboo Camp and they asked me to come on the next Monday. The next Monday, I went to Machap Umboo but they said I cannot meet him. So they sent me back out..

Then I went to Putrajaya, they also say that I cannot meet my husband. They asked me to go again next week Monday..

So they said my husband will be sent back to his home country and will be blacklisted for 5 years.

I don't mind them sending him back to his country because it is better then having him suffering inside the camp.

So they also said I can submit an application to cancel the blacklist against him.

I need to know how is the process and what to do and how long will the time will take? 3-6 months? Or 1 year?

I really need help because we were not ready at all about all these because everyone says that we will only get fine. So we didn't worry about the jail punishment. I didn't have any information about the problem we would be facing if we went through jail punishment.
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answered on Oct 6, 2017 at 16:59
by   jeff005
edited Oct 23, 2017 at 10:45
@ Giatar

What is the nationality of your husband?
Where did he do his conversion in southern Thailand?

Personal opinions, non legal, non intrusive of Syariah Laws.

You two should have been charged in Syariah court not civil court. Since he has been charged in Syariah court, the Immigration Malaysia court does not charge him further. If charged under civil court, there is no stopping you from visiting him at Jail or detention camp.

He should have overstayed between February till September. That warrants a ban of 5 years by Immigration Malaysia. There is no appeal, on what grounds? You are not his wife and your marriage application has been rejected, hence the jail term. I do not know what are the implications of jail term meted out by the Syariah Court. Can any Syariah lawyers passing by give some comments.

You came too late to this forum. If early I would ask him not to attend the last court session depending on various circumstances and use any border pass to exit fast. It is very easy @ Sg. Pelek?

There could be more blacklisting other than the 5 years. There is  RA/ROI (I forgot the actual terms). Violation of religious issues. You two should have gone to Bangkok to try to register the marriage first at the Malaysian Embassy there to avoid the jail term. Islamic marriages involving Malaysians in 6 southern provinces of Thailand are not recognised by Malaysia Islamic council.
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