Talak luar mahkamah dalam undang-undang keluarga di Malaysia
Talaq out-of-court is classified as matrimonial offence based on Section 57 of the Islamic Family Law (Kedah Darul Aman) Enactment 2008.While Section 124 of the same enactment provides the penalty for talaq pronounced out-of-court. However, the control methods for this offence are inadequate, and la...
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| Format: | Thesis |
| Language: | eng eng eng |
| Published: |
2023
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| Subjects: | |
| Online Access: | https://etd.uum.edu.my/10799/1/permission%20to%20deposit-not%20allow-s900636.pdf https://etd.uum.edu.my/10799/2/s900636_01.pdf https://etd.uum.edu.my/10799/3/s900636_02.pdf |
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| Summary: | Talaq out-of-court is classified as matrimonial offence based on Section 57 of the Islamic Family Law (Kedah Darul Aman) Enactment 2008.While Section 124 of the same enactment provides the penalty for talaq pronounced out-of-court. However, the control methods for this offence are inadequate, and law enforcement is still ineffective in the state of Kedah. Conversely, in states such as Kelantan, Penang and Sabah, the control methods and enforcement are more stringent for the same offence. This study aims to examine the concept of syariah law related to the method of pronouncing divorce, examine the provisions of the law related to the procedure and punishment of out-of-court divorce, analyse the judgment of out-of-court divorce cases decided in Malaysia and propose a comprehensive legal framework for divorce. The research method used is socio-legal where the researcher carried out field study in addition to examining the text of legal cases and law enforcement in courts. This study, which is qualitative in nature, also conducted interviews with respondents, particularly in Kedah, Kelantan, Penang and Sabah. The study found that the driving factors for the husband's action of pronouncing talaq outside the Court is uncontrollable ego and anger, as well as a lack of understanding of the law and Islamic education. To deal with this problem comprehensively, this study proposes the repeal of Section 57 of the Islamic Family Law (Kedah Darul Aman) Enactment 2008. The repeal is imperative to protect women's rights by controlling out-of-court talaq from occurring widely. The study also suggests the implementation and effectiveness of case control by creating integrated cooperation between the Syariah Court, Prosecution Division, Enforcement Division and Marriage, Divorce and Referral Division (Nikah, Cerai dan Rujuk) (NCR) in the Kedah Islamic Religious Affairs Department (JHEAIK). Confirmation of out-of-court talaq cases starts from the stages of investigation, prosecution, penalties imposed, payment of punishment until the Court confirms the talaq. Besides, the Syariah Court’s jurisdiction in substantive law needs to be modified as this study found that most outof- court talaq cases in 2021 involve new methods such as talaq through cyberspace and the application of technology tools. The study's findings imply that Malaysia can create a comprehensive talaq legal framework. |
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