scholarly journals Implied contributions for jointly acquired property based on Islamic family law in Malaysia

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Mohd Syahmil Samsudin ◽  
Nur Sarah Tajul Urus ◽  
Shahmi Awang ◽  
Alias Azhar
Keyword(s):  
Single Mothers ◽  
Financial Planning ◽  
Family Law ◽  
Standard Procedure ◽  
Muslim Woman ◽  
Future Research ◽  
The Third ◽  
Legal Provisions ◽  
Islamic Family Law ◽  
The Law

The Islamic Family Law Enactment for the states in Malaysia have recognized that jointly acquired property can be claimed by a Muslim woman due to death, divorce, or polygamy. It is in line with the TN50 target to empower women and elevate the dignity of women and prepare them for 2050. Besides that, the legal stipulation shows the law protects the rights of women to enables them to prepare for their future financial planning even after becoming widows or single mothers. The first objective of this study is to identify the legal provisions related to jointly acquired property. The second objective is to highlights the previous studies and cases related to jointly acquired property claims and the third is to propose a simple, quick and friendly standard procedure for jointly acquired property applications. This paper is also expected to provide an understanding regarding on jointly acquired property for future research.

scholarly journals ṢULḤ (MEDIATION) IN THE STATE OF SELANGOR: AN ANALYSIS OF LEGAL PROVISION AND ITS APPLICATION

2012 ◽  
Vol 18 (2) ◽  
Author(s):  
Sa’odah Binti Ahmad ◽  
Nora Binti Abdul Hak
Keyword(s):  
Family Law ◽  
Civil Procedure ◽  
The State ◽  
Legal Provision ◽  
Legal Provisions ◽  
Islamic Family Law

The first part of the paper seeks to examine the relevant legal provisions of ṣulḥ in the State of Selangor Darul Ehsan. Thus, the provisions of ṣulḥ as provided for under the Islamic Family Law Enactment 2003 will be discussed and analysed. Other provisions under the Administration of Islamic Religious Enactment 2003, the Syariah Court Civil Procedure Enactment 2003 and the Civil procedure (ṣulḥ) Rules 2001 will also be examined to study the procedures and guidelines in conducting Majlis ṣulḥ. The qualification of ṣulḥ officer will be briefly discussed in the last part of the paper. The paper concludes by commending the initiative that has been taken by the Department of Syariah Judiciary of Selangor in introducing ṣulḥ which has been proven to be very effective in reducing excess cases in the State Syariah Courts.

scholarly journals Hak Asuh Anak Dalam Keluarga Perspektif Keadilan Gender

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Mohamad Faisal Aulia ◽  
Nur Afifah ◽  
Gilang Rizki Aji Putra
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Gender Justice ◽  
Empirical Reality ◽  
Gender Perspective ◽  
Men And Women ◽  
Legal Provisions ◽  
Custody Of Children ◽  
Custody Disputes ◽  
Islamic Family Law

One of the crucial issues in family law in Indonesia that needs attention today is the issue of gender justice in family law, including post-divorce custody of children. This is due to the historical-empirical reality of family law that still places unequal status and roles between men and women. This article discusses how the provisions of child custody disputes in Islamic family law and how the legal provisions for post-divorce child custody have a gender perspective. Based on the above study it can be concluded; First, the legal provisions regarding child custody regulated in articles 105 and 156 are not gender responsive, this is because in determining that a person is given custody based on sex, not based on the aspects of morality, health, educating and caring for children, which in the end is for the realization of interests. the best boy. Second, aspects of morality, health, the ability to educate and care for children cannot be mastered and only owned by a certain gender, but all aspects can be owned by both men (fathers) and women (mothers).Kata Kunci: Hak Asuh Anak, Hukum Keluarga, Keadilan Gender

scholarly journals A Study of Islamic Family Law in Malaysia: A Select Bibliography

2007 ◽  
Vol 35 (3) ◽  
pp. 514-536 ◽  
Author(s):  
Raihana Abdullah
Keyword(s):  
Family Law ◽  
Personal Life ◽  
Scholarly Publications ◽  
Administration Of Justice ◽  
The Future ◽  
Select Bibliography ◽  
Islamic Family Law ◽  
The Law

Islamic Family Law is one of the most studied fields in Malaysian law. 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 Enactment which governs Muslims in Malaysia. Scholarship in this area has expanded with the development of the Enactment itself. Several approaches have been used to analyze the implementation of the lawinter alia,legal, socio-legal, comparative, and anthropological and sociological perspecitves. It cannot be denied that research and scholarly publications in the field of Islamic Family Law have contributed to further strengthening the administration of justice and the implementation of the law. As such, this paper is intended to describe the trends in the area of Islamic Family Law. Doing so will assist in ascertaining the direction of this field in the future.

Reactive Law or Conservative Law? The Reform of Divorce Procedure in China

2020 ◽  
Vol 34 (2) ◽  
pp. 126-144
Author(s):  
Lei Shi
Keyword(s):  
Family Law ◽  
Divorce Rate ◽  
Civil Code ◽  
Chinese Family ◽  
Bottom Up ◽  
Marriage And Family ◽  
The Third ◽  
The Law

Abstract A marriage can be terminated in two ways in China, by registration or by litigation. Recently, China’s crude divorce rate has been gradually rising. Reforms are being carried out by the judiciary by introducing more supportive measures in divorce litigation. The legislature is writing drafts of the marriage and family part in the Civil Code. In the third draft, proposed articles would change the law on divorce slightly. These reforms reflect some trends in the development of Chinese family law. With respect to some debates on these reforms, the author suggests there could be a better way to draw up drafts. At the level of the judiciary, the present family justice reform has its advantages, and this bottom-up reform should be adhered to.

scholarly journals Custody and Religion of Minors in Malaysia

ICR Journal ◽  
2017 ◽  
Vol 8 (2) ◽  
pp. 272-274
Author(s):  
Mohamed Azam Mohamed Adil
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
Parental Responsibility ◽  
Care Education ◽  
Civil Court ◽  
Marriage And Divorce ◽  
Islamic Family Law ◽  
The Law

Child custody refers to the upbringing of a child, including the parental responsibility to provide protection, love, care, education, shelter and management. Generally, in determining who will be the legal custodian of a child, a court will first and foremost ensure that the child’s welfare is well-protected.  In Malaysia, child custody is governed by two separate laws, one for non- Muslims and one for Muslims. For non-Muslims, the Law Reform (Marriage and Divorce) Act of 1976 (Act 164) holds sway, while for Muslims it is either the Islamic Family Law Enactments of the respective states or the Islamic Family Law Act of the Federal Territories that are relevant. While the Malaysian civil court operates over the non-Muslim laws, the Syariah court operates over the Muslim ones.  

scholarly journals Stipulation of Rights in the Practice of Nikah Al-Khitbah According to the Fuqaha’ and the Islamic Family Law in Malaysia (Penetapan Syarat di dalam amalan Nikah Khitbah menurut Fuqaha’ dan Undang-Undang Keluarga Islam di Malaysia)

2020 ◽  
Vol 17 (1) ◽  
pp. 314-331
Author(s):  
Miszairi Sitiris ◽  
Mustafa bin Mat Jubri @ Shamsuddin ◽  
Mohd Afandi Bin Awang Hamat
Keyword(s):  
University Students ◽  
Sexual Intercourse ◽  
Financial Constraints ◽  
Analytical Study ◽  
Family Law ◽  
Legal Texts ◽  
Marriage Contract ◽  
Islamic Family Law ◽  
The Law ◽  
The Right

Nikahal-khitbah or popularly known as nikah gantung became a choice of a handful of teenagers especially among university students in Malaysia due to financial constraints and educational reason. Such type of wedding practice raises a number of questions related to juristic issues. This is because the practice of Nikahal-khitbah involves establishing some limitation of rights that violate the purpose or intent of marriage. Among others, the spouses agree to defer some of their rights such as declining the right of nafaqah and the right of sexual intercourse which are against the original purpose (muqtada aqd) of marriage contract. This paper aims to study the opinions of jurists (FuqahÉ’) regarding such limitation or agreement in marriage contract and their validity according to the Islamic Family Law in Malaysia. This paper relies on analytical study in discussing the opinions of the Fuqaha’ and understanding the legal texts of the law related to the matter. This study found that marriage practice through nikah al-khitbah is valid according to the majority views of FuqahÉ’. Islamic family laws in Malaysia do not deny the validity of such marriage practices although there are some legal effects on the limitation of marriage rights.           Keywords: Agreement in marriage contract, nikah al-khitbah, permission by the wali, Islamic Family Law in Malaysia. Abstrak Nikah al-khitbah atau lebih dikenali dengan nikah gantung menjadi pilihan segelintir remaja terutamanya di kalangan pelajar universiti di Malaysia atas faktor kekangan kewangan serta pelajaran. Amalan pernikahan ini menimbulkan beberapa pertanyaan berkaitan hukum fiqh. Ini adalah kerana di dalam amalan pernikahan secara nikah al-khitbah melibatkan penetapan beberapa syarat tertentu yang menyalahi maksud serta tujuan pernikahan. Antaranya, pasangan suami isteri bersetuju untuk melepaskan hak mereka terhadap pasangan mereka, iaitu hak mendapat nafaqah dan hak melakukan hubungan kelamin, yang mana ianya bercanggah dengan matlamat asal atau muqtada akad nikah. Objektif kertas kerja ini adalah untuk mengkaji pandangan para Fuqaha’ terhadap pensyaratan atau perjanjian sebegitu di dalam akad nikah dan keterikatannya menurut Undang-Undang Keluarga Islam di Malaysia. Kertas kerja ini menggunakan kaedah analis di dalam membincangkan pandangan Fuqaha’ dan di dalam memahami peruntukan undang-undang berkaitan dengan perkara tersebut. Kajian ini mendapati bahawa amalan perkahwinan secara nikah al-khitbah adalah sah menurut pandangan majoriti FuqahÉ’. Undang-Undang Keluarga Islam di Malaysia tidak menafikan kesahan amalan pernikahan tersebut walaupun terdapat beberapa kesan undang-undang terhadap syarat yang ditetapkan.            Kata Kunci: Pensyaratan di dalam akad nikah, nikah al-khitbah, izin wali, Undang-Undang Keluarga Islam di Malaysia.  

scholarly journals SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Family Law ◽  
The State ◽  
Third Party ◽  
Legal Certainty ◽  
Marriage Law ◽  
Arranged Marriage ◽  
The Third ◽  
Regulatory Aspects ◽  
The Law ◽  
The Right

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

scholarly journals Children’s Protection in The Issue of Hadhanah Based on Islamic Family Law and The Law of Thailand

2016 ◽  
Vol 6 (2) ◽  
pp. 73-83
Author(s):  
Machae Rohanee ◽  
◽  
Mohamad Abdul Basir ◽  
Khareng Mutsalim ◽  
◽  
...  
Keyword(s):  
Family Law ◽  
Islamic Family Law ◽  
The Law

scholarly journals Gondolatok és javaslatok a román Polgári törvénykönyv magyar fordításához

2021 ◽  
Vol 4 (2) ◽  
pp. 41-64
Author(s):  
Tamás Nótári ◽  
Előd Pál
Keyword(s):  
Family Law ◽  
Civil Code ◽  
The Other ◽  
Legal Capacity ◽  
Legal Personality ◽  
The Third ◽  
The Law ◽  
Legal Fact ◽  
Personal Law ◽  
The Relationship

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.

scholarly journals PERNIKAHAN TANPA PENCATATAN: ISBAT NIKAH SEBUAH SOLUSI?

2013 ◽  
Vol 12 (2) ◽  
pp. 261 ◽  
Author(s):  
Euis Nurlaelawati
Keyword(s):  
Family Law ◽  
The State ◽  
Islamic Family Law ◽  
The Law ◽  
Practical Level

The Indonesian Islamic family law, through the kompilasi and the Law of Marriage  of 1974, states that a marriage must be concluded in the presence of an official marriage registrar or must be registered. However, the laws differentiate between the religious validity and the state legality of marriage.  They therefore do not consider a marriage as a religiously invalid if the parties concerned fail to register their marriage. In fact, considered illegal by the state, unregistered marriages are not seen as unlawful by religious authorities. It seems clear that the kompilasi is anxious not  to deviate from the classical doctrine of marriage. This paper discusses unregistered  marriage according to Indonesian State Islamic family law and in practical level and its legal impacts. It criticizes the rules on registration of marriage and its solution. Presenting a number of cases of unregistered marriages and some views of relevant authorities, it argues that there have been abuses in the application of the relevant rules on both registration marriage and isbat nikah.

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