Islamic Family Law In Malaysia
For muslims family affairs are closely related to their way of life.
Islamic family law in malaysia. Islamic f amil y la w federal territ ories act 1984 incorporating all amendments up to 1 january 2006 published by the commissioner of law revision malaysia under the authority of the revision of laws act 1968 in collaboration with percetakan nasional malaysia bhd 2006. In tan wong nellie s l adat perpatih. Civil law and family law as subset of civil law come under federal legislature s jurisdiction. However several criticisms have been leveled against the exclusive reliance on this school of law on the argument that it gives room for unnecessary restrictions of.
Wintrac sdn bhd 1992. Malayan law journal 1999. Surah a woman who is a widow divorced or death of husband holy quran islamic family law federal territories act 1984 a marriage in the federal territories shall be in accordance with the provisions of the act. This is because it affects the personal life of muslims and because many issues have arisen as a result of the.
A select bibliography raihana abdullah abstract islamic family law is one of the most studied fields in malaysian law. Family law relating to non muslims is in federal jurisdiction. 5 0 introduction islamic law signifies an all encompassing codes of behavior intended to regulate all aspect of an individual s life. This is because it affects the personal life of muslims and because many issues have arisen as a result of the implementation of the islamic family law.
The islamic law includes not only personal law but also religious duties ritual obligations and suitable behavior. A matrilineal system on negeri sembilan malaysia and other matrilineal kinship system throughout the world 44 58. Islam and customary law in malaysia ibrahim nurhalim hj. Muslims on the other hand are governed by the islamic family law system.
Social structure and organization of negeri sembilan malays. Islamic family law in malaysia case study. As far as islamic law in malaysia is concerned the codification of law and its development proved to be enlightening. Islamic family law is one of the most studied fields in malaysian law.
Undang undang keluarga islam di malaysia islamic family law in malaysia. The law reform marriage and divorce act 1976 which was enforced throughout malaysia from 1 march 1982 governs the chinese as well as hindus and other religions. The wali in the presence of the registrar of muslim marriages divorces and the representative of the wali in the presence and with the permission of the or the registrar as the represenstative of the wali. The predominance school of law in malaysia today is the madhhab shafi 39 i.
1 no woman shall during the subsistence of her marriage to a man be married to any other man.