Islamic Family Law in Malaysia - 2nd Edition

Islamic Family Law in Malaysia - 2nd Edition

Book Details
  • Publication Date : Sep - 2021
  • Author : Najibah Mohd Zin, Nora Abdul Hak, Azizah Mohd, Normi Abdul Malek, Norliah Ibrahim, Roslina Che Soh, Noraini Md Hashim & Badruddin Ibrahim
  • ISBN : 9789672919674
  • Format : Hardcover + eBook
  • Country : Malaysia

This is a complete and up-to-date textbook on Islamic family law in Malaysia. The topics are carefully surveyed and the discussion is adequately supported by legal sources and religious authorities. The views and practices of the different schools of thought are considered to ensure a comprehensive treatment of the issues that arise.  The second edition of this book updates the application of Islamic family law in the Syariah Courts as well as expounds on new amendments to the existing Islamic family law statutes applicable in Malaysia.

The book consists of 17 chapters addressing selected major issues pertaining to Islamic family law matters, namely betrothal, requirements of a valid marriage and its registration, mahr, polygamy, reconciliatory committee and hakam, types and methods of divorce, 'iddah and ruju', maintenance and its enforcement, as well as ancillary matters such as mut'ah, distribution of matrimonial assets, legitimacy of children, adoption and custody of children.

Besides serving as a valuable guide to law practitioners, this book should prove to be a useful textbook in English for law students.

Key Features

  • Written by a team of experienced Islamic family law lecturers from the International Islamic University Malaysia.
  • Incorporates the latest amendments to applicable legislation and the rulings contained in all major cases.
  • Introduces two new Chapters, i.e. Conciliatory Committee (JKP) and Hakam (Arbitrator) under the Islamic Family Law Act/Enactment and Period of ‘Iddah (‘Iddah) and Resumption of Conjugal Relation (Ruju’).
  • Includes comparative analysis with the law of other countries which practice Shariah law where relevant.
  • Discussion is supported by the guidance of Islamic scholars. 

Table of Contents

Chapter 1: Betrothal under Islamic Family Law

Chapter 2: Marriage Requirements

Chapter 3: Polygamy in Malaysia

Chapter 4: Mahr (Dower)

Chapter 5: Maintenance (Nafaqah) of Wife and Children

Chapter 6: Enforcement of Maintenance Order and the Role of the Family Support Division

Chapter 7: Divorce by the Pronouncement of Talaq

Chapter 8: Divorce by Khuluk (Redemption)

Chapter 9: Divorce by Ta’liq

Chapter 10: Divorce by Fasakh (Dissolution of Marriage by Judicial Decree)

Chapter 11: Conciliatory Committee (JKP) and Hakam (Arbitrator) under the Islamic Family Law Act/Enactment

Chapter 12: Period of Iddah (Iddah) and Resumption of Conjugal Relation (Ruju’)

Chapter 13: Consolatory Gift (Mut’ah)

Chapter 14: Harta Sepencarian

Chapter 15: Hadhanah (Custody) of Children and its Issues

Chapter 16: Legitimacy and Illegitimacy

Chapter 17: Adoption in Islamic Law