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.
- 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 practise Shariah law where relevant.
- Discussion is supported by the guidance of Islamic scholars.
• 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