Family Law In Malaysia: Civil & Syariah Perspectives

Description

Family Law in Malaysia: Civil and Syariah Perspectives is a landmark work that examines one of the most complex and evolving areas of Malaysian law. Comprising 29 chapters, the book integrates both civil and Islamic legal frameworks governing matters such as marriage, divorce, custody, maintenance, adoption, matrimonial property, legitimacy, and related issues, all within Malaysia’s unique dual system of common law and Syariah.

Combining detailed statutory analysis with insights drawn from religious texts and customary practices, the book explains the legal requirements and procedures for civil and Muslim marriages and divorces. It clarifies key Islamic concepts and practices, including talaq, fasakh, khulʿ, liʿan, temporary (mutaʿa) marriage, polygamy, conversion to and renunciation of Islam, as well as post-divorce matters such as ʿiddah and rujuʿ.

Extending beyond traditional family law topics, the book addresses contemporary issues such as domestic violence, injunctive relief, jurisdictional disputes, conciliation processes, and the international aspects of family law. It also provides valuable insights into harmonising Islamic family law with international conventions and regional human rights frameworks.

Clear, authoritative, and practical, this book is an essential resource for academics, legal practitioners, policymakers, and students seeking a deeper understanding of family law in Malaysia.

Table of Contents:

Chapter 1: Civil & Islamic
Chapter 2: Promise to MARRY (BETHROTAL): Civil & Islamic Perspectives
Chapter 3: Civil Marriage: The Requirements
Chapter 4: Marriage In Islamic Law: The Requirements
Chapter 5: Temporary Or Short-Term Marriage Contract (Muta’a Marriage): Syariah And Civil Perspectives
Chapter 6: Polygamous Marriage: Syariah And Civil Perspectives
Chapter 7: Void And Voidable Marriage: Civil And Syariah Perspectives
Chapter 8: Civil Marriage: The Process And Registration
Chapter 9: Islamic Marriage: The Process And Registration
Chapter 10: Dissolution Of Civil Marriage: The Grounds
Chapter 11: Dissolution Of Muslim Marriage: Talaq By Husband
Chapter 12: Dissolution Of Muslim Marriage: Request By Wife And The Grounds
Chapter 13: Divorce by Li’an (Imprecation)
Chapter 14: Conversion to Islam and Renunciation of Islam: The Legal Effects on Marriage
Chapter 15: Judicial Separation
Chapter 16: ‘Iddah and Ruju’ (Resumption of Conjugal Relation): Syariah Perspective
Chapter 17: Maintenance of Wife and Children: Civil Marriage
Chapter 18: Maintenance of Wife and Children According to Syariah Law in Malaysia
Chapter 19: Guardianship and Custody of Child: Civil
Chapter 20: Custody and Guardianship Under Malaysian Syariah Law
Chapter 21: Division of Matrimonial Assets: Civil and Syariah
Chapter 22: Matrimonial Disputes: Jurisdiction of Courts
Chapter 23: Conciliation of Marital Disputes: Civil and Syariah Perspectives
Chapter 24: Injunctive Reliefs in Matrimonial Proceedings
Chapter 25: Domestic Violence
Chapter 26: Legitimacy and Legitimation: Civil and Syariah Perspectives
Chapter 27: Adoption of Child: Civil and Syariah Approach
Chapter 28: Private International Law in Family Disputes
Chapter 29: Public International Law in Family Matters