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The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective

Islam permits polygamy to preserve women’s dignity and to safeguard the social, moral and economic well-being of wives and their children. Unfortunately, a number of polygamous marriages among Muslims in Malaysia registered at the local ‘Shariah Courts’ are problematic and “misleading” as they do no...

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Main Authors: Fatah Yasin, Raudlotul Firdaus, Jani, Mohd. Shah
Format: Article
Language:English
Published: International Journal of Contemporary Applied Sciences (IJCAS) 2015
Subjects:
HQ The family. Marriage. Woman
KBP1 Islamic law.Shariah.Fiqh
Online Access:http://irep.iium.edu.my/44434/1/The_efficiency.pdf
http://irep.iium.edu.my/44434/
http://www.ijcas.net
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spelling my.iium.irep.444342021-08-26T07:09:34Z http://irep.iium.edu.my/44434/ The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective Fatah Yasin, Raudlotul Firdaus Jani, Mohd. Shah HQ The family. Marriage. Woman KBP1 Islamic law.Shariah.Fiqh Islam permits polygamy to preserve women’s dignity and to safeguard the social, moral and economic well-being of wives and their children. Unfortunately, a number of polygamous marriages among Muslims in Malaysia registered at the local ‘Shariah Courts’ are problematic and “misleading” as they do not reflect the teachings of Islam and its Sharīʿah intents on polygamy. As a consequence, polygamy has become a very controversial issue among its critics and supporters. It has invited serious criticisms on the credibility of the legal provision namely Islamic Family Law Act 1984 (IFLA) in curbing the abuse of polygamy. As a short term measure to overcome the problem, it has been suggested that IFLA should be reformed in order to address the current problems faced by Muslims. The IFLA has been amended twice, in 1994 and 2005, and yet the Act has not been gazetted, as some states in Malaysia are not ready to enforce the new enactment due to certain restricting provisions, which according to them are not fully compliant with the true intents of polygamy as stated in the Qur’an and Sunnah. This paper seeks to examine the efficiency of the current provision, and the compatibility between the law of polygamy in the Islamic Family Law Act 1984 with the revelation of Allah (SWT) in the Qur’an and Sunnah of the Prophet (PBUH. It will focus its analysis on the textual sources (nuṣūṣ) of IFLA provisions on polygamy, as well as the effectiveness and the compatibility of the provisions with the sources. The paper comes with recommendations to improve the current provisions on polygamy so that it may not be abused or misused for objectives contrary to its original Sharīʿah intents. International Journal of Contemporary Applied Sciences (IJCAS) 2015-07 Article PeerReviewed application/pdf en http://irep.iium.edu.my/44434/1/The_efficiency.pdf Fatah Yasin, Raudlotul Firdaus and Jani, Mohd. Shah (2015) The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective. International Journal of Contemporary Applied Sciences, 2 (7). pp. 14-31. ISSN 2308-1365 http://www.ijcas.net
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic HQ The family. Marriage. Woman
KBP1 Islamic law.Shariah.Fiqh
spellingShingle HQ The family. Marriage. Woman
KBP1 Islamic law.Shariah.Fiqh
Fatah Yasin, Raudlotul Firdaus
Jani, Mohd. Shah
The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective
description Islam permits polygamy to preserve women’s dignity and to safeguard the social, moral and economic well-being of wives and their children. Unfortunately, a number of polygamous marriages among Muslims in Malaysia registered at the local ‘Shariah Courts’ are problematic and “misleading” as they do not reflect the teachings of Islam and its Sharīʿah intents on polygamy. As a consequence, polygamy has become a very controversial issue among its critics and supporters. It has invited serious criticisms on the credibility of the legal provision namely Islamic Family Law Act 1984 (IFLA) in curbing the abuse of polygamy. As a short term measure to overcome the problem, it has been suggested that IFLA should be reformed in order to address the current problems faced by Muslims. The IFLA has been amended twice, in 1994 and 2005, and yet the Act has not been gazetted, as some states in Malaysia are not ready to enforce the new enactment due to certain restricting provisions, which according to them are not fully compliant with the true intents of polygamy as stated in the Qur’an and Sunnah. This paper seeks to examine the efficiency of the current provision, and the compatibility between the law of polygamy in the Islamic Family Law Act 1984 with the revelation of Allah (SWT) in the Qur’an and Sunnah of the Prophet (PBUH. It will focus its analysis on the textual sources (nuṣūṣ) of IFLA provisions on polygamy, as well as the effectiveness and the compatibility of the provisions with the sources. The paper comes with recommendations to improve the current provisions on polygamy so that it may not be abused or misused for objectives contrary to its original Sharīʿah intents.
format Article
author Fatah Yasin, Raudlotul Firdaus
Jani, Mohd. Shah
author_facet Fatah Yasin, Raudlotul Firdaus
Jani, Mohd. Shah
author_sort Fatah Yasin, Raudlotul Firdaus
title The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective
title_short The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective
title_full The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective
title_fullStr The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective
title_full_unstemmed The efficiency of legal provision on polygamy in Malaysia, critical analysis from Qur'anic perspective
title_sort efficiency of legal provision on polygamy in malaysia, critical analysis from qur'anic perspective
publisher International Journal of Contemporary Applied Sciences (IJCAS)
publishDate 2015
url http://irep.iium.edu.my/44434/1/The_efficiency.pdf
http://irep.iium.edu.my/44434/
http://www.ijcas.net
_version_ 1709667122937856000
score 13.211869

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