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 AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

Protecting Dutch Girls from the Harem: Premarital Counselling for Mixed Marriages with Muslim Men

2017 ◽  
Vol 3 (1) ◽  
pp. 78-103 ◽  
Author(s):  
Betty de Hart
Keyword(s):  
Family Law ◽  
The State ◽  
The Other ◽  
Native Population ◽  
Mixed Marriages ◽  
Migration History ◽  
Muslim Men ◽  
Islamic Family Law ◽  
Litmus Test

In the migration history literature, the number of marriages between newcomers and the native population is considered to be the ultimate litmus test of the integration or assimilation of migrants. However, little attention has been paid to how the state has actively intervened to prevent such marriages. The premarital counselling for mixed marriages provided by Dutch state officials, in cooperation with churches and NGOs, represents one such intervention. It mainly targeted Dutch women marrying Muslim men, and until the 1990s it was informed by stereotypes about gender, class and race that intersected with religion. Counselling Dutch girls about Islamic family law served as a way to demonstrate how intrinsically different ‘the other’ was. Ultimately, premarital counselling was about the power of regulations of mixture in shaping identities and producing ‘race’, linking it to sex, gender and family formations.

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.

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 LIMITATION OF THE RIGHT TO REQUIRE ENFORCEMENT UNDER THE RULE OF THE NEW CIVIL PROCEDURE CODE OF AN ENFORCEMENT ORDER OBTAINED BEFORE ITS ENTRY INTO FORCE

2017 ◽  
Vol 11 (2) ◽  
pp. 13-27
Author(s):  
Carmen Adriana DOMOCOȘ
Keyword(s):  
Coercive Force ◽  
Civil Procedure ◽  
The State ◽  
The Other ◽  
Legal Provisions ◽  
Procedure Code ◽  
Other Hand ◽  
The Law ◽  
The Right ◽  
Court Of Appeal

In a case, the court of appeal have interpreted the provisions of the law regarding the enforceable judgments delivered at first instance, with the right of appeal, or those in respect of which the parties agreed to directly exercise the appeal, when those interested or harmed by the enforcement can require the cancellation of the enforcement documents drawn up by violation of the legal provisions. The jurisprudence is not unanimous to consider the enforceability of the final civil decision is, however, a temporary one, until it is confirmed by the court of appeal, and it is removed when the court of appeal gives a contrary approach. One of the roles of the limitation is to provide the security of legal relationships, because after the expiry of the limitation period the debtor is satisfied that it can no longer be enforced, and the creditor knows that he no longer benefits from the coercive force of the state in order to recover his debt. On the other hand, to oblige the creditor to enforce a temporarily enforceable decision, about which he has no certainty that it will be upheld on appeal, means violating the very principle of the security of legal relationships, which the legislator intended to protect.

scholarly journals Batas Usia Perkawinan dalam Undang-Undang Keluarga Islam Negeri Selangor Tahun 2003: Analisis Perspektif Maqasid Al-Syari’ah

2019 ◽  
Vol 3 (2) ◽  
pp. 271 ◽  
Author(s):  
Badrul Munir ◽  
Tengku Ahmad Shafiq
Keyword(s):  
Family Law ◽  
Secondary Data ◽  
The State ◽  
Primary Data ◽  
Community Needs ◽  
Qualitative Descriptive ◽  
Age Limit ◽  
Islamic Family Law ◽  
Age Of Marriage ◽  
State Legislative

Islam does not restrict age of marriage. But the state of Selangor Limited the age of 18 years for men and 16 years for women. According to maqashid sharia, an ideal age of marriage is an age capable of realizing The objectives of marriage sharia. In the discussion of this article, authors use primary and secondary data, the primary data obtained from the research library is research on Selangor Islamic Family Law in 2003, Quran, Hadith and several books of fikih. Secondary data is obtained from supporting sources of data that authors need then analyzed using qualitative descriptive methods. The results showed that there was a legal basis for establishing an age limit in marriage but only abstract and there is no evidence to increase the age of marriage. The reason of the Selangor State Legislative Assembly established an age limit in the Selangor Islamic Family Law of 2003 is in accordance with community needs in those days. But the law is no longer reasonable to practice with the state of Selangor society at present.

scholarly journals KONSEP PENGABAIAN DAN KECUAIAN KANAK-KANAK OLEH IBU BAPA DAN PENJAGA DI MALAYSIA: SATU TINJAUAN LITERATUR

2019 ◽  
Vol 7 (1) ◽  
pp. 57-70
Author(s):  
izzah izzati hashim ◽  
Wafaa’ Yusof ◽  
Zuliza Mohd Kusrin
Keyword(s):  
Child Neglect ◽  
Family Law ◽  
Legal Provisions ◽  
Islamic Family Law

The neglect of children by parents and guardians are increasing in Malaysia despite the existence of legal provisions. The occurrence of such incidents appears to not be properly addressed, since there have been rare reports of the perpetrators being brought to justice. This article aims to examine the meaning and difference between child neglect and abuse. This study will also study the forms of child neglect reported in newspapers and the legal provisions that regulate it in Malaysia. The data obtained are analysed and presented according to the relevant themes. The findings of this study show that the concept of neglect and abuse are different although often used interchangeably. The types of dereliction that are often suffered by children are physical, sexual, educational and mental neglect. The laws of Malaysia relating to the neglect of children are placed under section 17(1) Child Act (Amendment) 2016, and section 84(e) of the Islamic Family Law State Enactments. However, such provisions do not directly address the categories of neglect and negligence relating to children. It is hoped that this paper is able to provide awareness and understanding on the existing protection accorded to children with regard to issues on neglect and negligence in Malaysia

scholarly journals Permasalahan Tuntutan Harta Sepencarian Dalam Pembahagian Harta Pusaka

2021 ◽  
Vol 24 (2) ◽  
pp. 118-131
Author(s):  
Mohamad Ali Roshidi Ahmad
Keyword(s):  
Family Law ◽  
Legal Provisions ◽  
Islamic Family Law

Islamic Family Law of all states in Malaysia has recognized jointly acquired property claims. Jointly acquired property can only be claimed by the couple, whether husband or wife. Jointly acquired property can be claimed in three circumstances, namely by reason of divorce, polygamy or death. Although there are legal provisions, there is still a lot of confusion about the claim process after death. Especially from the aspect of the type of property that can be claimed as a jointly acquired property, the method of proving the level of contribution by a person to the acquisition of property, who is eligible to make a claim, the rate of share of property that can be claimed, the method of division of property, claim procedure and so on. This paper will only discuss the issues and problems encountered in the process of claiming jointly acquired property by a spouse before the claim of division of estate is made. Asbtrak Undang-undang Keluarga Islam semua negeri di Malaysia telah mengiktiraf tuntutan harta sepencarian. Harta sepencarian hanya boleh dituntut oleh pasangan sahaja, sama ada suami ataupun isteri. Harta sepencarian boleh dituntut dalam tiga keadaan, iaitu dengan sebab berlakunya perceraian, poligami atau kematian. Walaupun peruntukan undang-undang telah ada, tetapi masih terdapat banyak kekeliruan terhadap proses tuntutan selepas kematian. Terutama dari aspek jenis harta yang boleh dituntut sebagai harta sepencarian, kaedah pembuktian tahap sumbangan oleh seseorang terhadap pemerolehan harta, siapa yang layak membuat tuntutan, kadar bahagian harta yang boleh dituntut, cara pembahagian harta, prosedur tuntutan dan sebagainya. Kertaskerja ini hanya akan membincangkan mengenai isu-isu dan masalah-masalah yang dihadapi dalam proses tuntutan harta sepencarian oleh seorang pasangan sebelum tuntutan pembahagian harta pusaka dibuat

scholarly journals Introduction: Current Perspectives on Islamic Family Law in Africa

2021 ◽  
Vol 11 (2) ◽  
pp. 153-162
Author(s):  
Fulera Issaka-Toure ◽  
Ousseina D. Alidou
Keyword(s):  
Family Law ◽  
The State ◽  
Customary Law ◽  
Special Issue ◽  
African Countries ◽  
The Status ◽  
Islamic Family Law ◽  
Marital Disputes ◽  
European Colonialism ◽  
Judicial Systems

Abstract This special issue of Islamic Africa brings together new critical perspectives on the status of Islamic Family Law, commonly referred to as sharīʿa, within four African countries – Ghana, Kenya, Mozambique and Senegal – each reflecting distinctive gendered cultural, colonial and postcolonial realities. The introduction provides a general overview of the state of the art on Islamic family law in Africa and highlights the significant thematic focus of each contribution and the new areas for further inquiry that the volume opens. These topics and questions include among others: (a) the ways in which European colonialism and contemporary democratization processes have opened spaces for religious pluralism, thereby shaping the articulation of Muslim personal law within different African postcolonial state judicial systems; (b) how Islamic judicial practices, institutions, and authorities such as malamai and/or Kadhis engage themselves with the secular state and/or are constrained by both the state and by the legal pluralism encountered within both Muslim majority and minority African countries; (c) the gendered implications of the hierarchical relation between Kadhi Courts and a national High Court; (d) the benefits and/or shortcomings of harmonizing Islamic Family Law; (e) what is to be learnt from women choosing to settle marital disputes and divorce within and/or outside the “legal protective space” afforded by the state judicial system and its inclusion of Islamic Family Law; (f) the role of human agency in influencing the administration of Islamic family law and/or interpreting the law; how judicial systems that are shaped by European and Islamic patriarchal systems confronted by the resilience of indigenous matrilineal Customary Law within contemporary African societies; and (g) the compatibility between the various articulation of African Islamic family laws with universal human rights and individual freedom. Ultimately, this special issue of Islamic Africa offers an insightful reflection on how Islamic Family Law plays an important role in democratic constitution-making or testing processes.

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