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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Main Author:	Nur Sarah, Tajul Urus
Format:	Thesis
Language:	eng eng eng
Published:	2023
Subjects:	BP174 The practice of Islam K Law (General)
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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id	my-uum-etd.10799
record_format	uketd_dc
spelling	my-uum-etd.107992023-12-10T01:25:35Z Talak luar mahkamah dalam undang-undang keluarga di Malaysia 2023 Nur Sarah, Tajul Urus Azhar, Alias Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government BP174 The practice of Islam HQ The Family. Marriage. Woman K Law (General) 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. 2023 Thesis https://etd.uum.edu.my/10799/ https://etd.uum.edu.my/10799/1/permission%20to%20deposit-not%20allow-s900636.pdf text eng staffonly https://etd.uum.edu.my/10799/2/s900636_01.pdf text eng staffonly https://etd.uum.edu.my/10799/3/s900636_02.pdf text eng staffonly other doctoral Universiti Utara Malaysia
institution	Universiti Utara Malaysia
collection	UUM ETD
language	eng eng eng
advisor	Azhar, Alias
topic	BP174 The practice of Islam BP174 The practice of Islam K Law (General)
spellingShingle	BP174 The practice of Islam BP174 The practice of Islam K Law (General) Nur Sarah, Tajul Urus Talak luar mahkamah dalam undang-undang keluarga di Malaysia
description	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.
format	Thesis
qualification_name	other
qualification_level	Doctorate
author	Nur Sarah, Tajul Urus
author_facet	Nur Sarah, Tajul Urus
author_sort	Nur Sarah, Tajul Urus
title	Talak luar mahkamah dalam undang-undang keluarga di Malaysia
title_short	Talak luar mahkamah dalam undang-undang keluarga di Malaysia
title_full	Talak luar mahkamah dalam undang-undang keluarga di Malaysia
title_fullStr	Talak luar mahkamah dalam undang-undang keluarga di Malaysia
title_full_unstemmed	Talak luar mahkamah dalam undang-undang keluarga di Malaysia
title_sort	talak luar mahkamah dalam undang-undang keluarga di malaysia
granting_institution	Universiti Utara Malaysia
granting_department	Ghazali Shafie Graduate School of Government
publishDate	2023
url	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
_version_	1794023753583165440

Talak luar mahkamah dalam undang-undang keluarga di Malaysia

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