Islamic Family Law In Malaysia, Second Edition

Description

This is a comprehensive and up-to-date textbook on Malaysian Islamic family law. The themes are thoroughly researched, and the conversation is backed up by legal and religious authorities. To ensure a full examination of the issues that arise, the perspectives and practises of several schools of thought are considered.

The second version of this book includes fresh revisions to the existing Islamic family law statutes in Malaysia, as well as updates on how Islamic family law is applied in Syariah Courts. The book is divided into 17 chapters that cover a variety of topics related to Islamic family law, including betrothal, the requirements of a valid marriage and their registration, mahr, polygamy, reconciliatory committees and hakam, types and methods of divorce, ‘iddah and ruju’, maintenance and its enforcement, and ancillary issues such as mut’ah, the distribution of matrimonial assets, legitimacy of children, adoption, and child custody.

This book should prove to be a useful textbook in English for law students as well as a valuable resource for lawyers.

KEY FEATURES of Islamic Family Law In Malaysia

• Written by a group of International Islamic University Malaysia’s experienced Islamic family law lecturers.
• Incorporates the most recent changes to applicable legislation as well as the judgements in all key cases.
• Introduces two new Chapters under the Islamic Family Law Act/Enactment, namely the Conciliatory Committee (JKP) and Hakam (Arbitrator), as well as the Period of ‘Iddah (‘Iddah) and Resumption of Conjugal Relationship (Ruju’).
• Where applicable, a comparison with the law of other nations that practise Shariah law is included.
• The discussion is aided by the expertise of Islamic scholars.

CONTENTS of Islamic Family Law In Malaysia

• 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