عقد الزواج وآثاره : دراسة مقارنة بين قانون الأسرة الإسلامية بولاية كوالا لمبور الفيدرالية 1984م وقانون الإصلاح الأسري (الزواج والطلاق) لعام 1986م لغير المسلمين بماليزيا /
The legal provisions pertaining to Islamic Family Law that are implemented by Shari’ah Court in Malaysia are mainly derived from the Clasical Islamic Law. The codification of these provisions finally is later known as Islamic Family Law Act. This research is an examination of the present law both fo...
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah Ma'arif al-Wahy wa al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya,
2005
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8802 |
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| Summary: | The legal provisions pertaining to Islamic Family Law that are implemented by
Shari’ah Court in Malaysia are mainly derived from the Clasical Islamic Law. The
codification of these provisions finally is later known as Islamic Family Law Act. This
research is an examination of the present law both for Muslims and non-Muslims
governing solemnities in the contract of marriage. The study involves a detailed
discussion on selected provision governing marriage agreement, essential requirement
of marriage condition as well as impediments to a valid marriage and conjugal rights.
The purpose is to highlight consistencies and discrepancies between the two types of
law.The Islamic Family Law Act 1984 and the Law Reform Act ( Marriage and
Divorce) 1976 are analysed by looking at their sources. The emphasis is also given to
study the extent of the codification of Islamic Family Law from Classical Islamic Law
point of views.The codification of Islamic Family Law in Malaysia is the outcome of
ijtihādic attempts of Muslim scholars. Thus, it is suggested that these provisions
require further consideration for improvement, such as the triple pronouncement of
talaq in one sitting (al-talaq al-thalath bi lafz wahid), establishing paternity (nasab)
after the death of the husband or after a four-year period of divorce, and whether a
working wife is entitled to financial support from her husband. The study also
establishes that both laws are in agreement in more than thirty issues pertaining to
marriage, which indicate possibility of harmonizing both the Islamic Family Law and
the Law Reform Act. Finally, the study recommends a number of proposals for
reform. The most important one is the need to incorporate the Islamic provisions
pertaining to inheritance and bequests as an integral part of Islamic Family Law. |
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| Item Description: | "Bahth takmili muqaddam li-nayl darajat al-Dukturah fi 'Ulum al-Wahy wa-al-Turath (al-Fiqh wa-Usulihi)."--On t.p. Abstracts in English and Arabic. |
| Physical Description: | ن، 408 leaves ; 30 cm. Also available on 4 3/4 in. computer optical disc. |
| Bibliography: | Includes bibliographical references (leaves 396-408). |