Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective
The bulk of Shariah Court cases nowadays involve matters pertaining to the dissolution of marriage. The most common ones are talaq, ta'liq and fasakh. The reason as to why the Shariah Courts are crammed with these cases is not merely due to the increasing number of divorce cases but can al...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
International Islamic University Malaysia
2008
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/27005/1/article_1.pdf http://irep.iium.edu.my/27005/ http://rms.research.iium.edu.my/bookstore/Products/437-wwwgooglecom.aspx |
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| Summary: | The bulk of Shariah Court cases nowadays involve
matters pertaining to the dissolution of marriage. The
most common ones are talaq, ta'liq and fasakh. The
reason as to why the Shariah Courts are crammed
with these cases is not merely due to the increasing
number of divorce cases but can also be attributed
to the difficulty in proving them. Today, as lifestyles
become more complicated, talaq is no longer the same
as talaq, previously understood. The husband no
longer pronounces it openly or orally. Current
technology such as SMS and email has
overshadowed the sanctity of talaq. The situation
becomes worse when the sender, that is the husband,
denies it. |
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