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High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy

Abstract: Islam encourages parties in conflict to resolve their disputes through amicable settlement and it also introduces Sulḥ as an amiable way to settle matrimonial disputes. This paper deals with the dissolution of marriage among the Muslim community in Malaysia by examining the causes of high...

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Main Authors: Zakariyah, Luqman, Sapardi @ Saparti, Siti Nurafiqah
Format: Conference or Workshop Item
Language:English
English
Published: 2018
Subjects:
BL Religion
HM621 Culture
HQ The family. Marriage. Woman
Online Access:http://irep.iium.edu.my/68493/1/Conference%20Programme%20and%20Abstract%20Book.pdf
http://irep.iium.edu.my/68493/2/Full%20Paper%20for%20ICRCG2018.pdf
http://irep.iium.edu.my/68493/
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spelling my.iium.irep.684932019-01-02T07:08:44Z http://irep.iium.edu.my/68493/ High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy Zakariyah, Luqman Sapardi @ Saparti, Siti Nurafiqah BL Religion HM621 Culture HQ The family. Marriage. Woman Abstract: Islam encourages parties in conflict to resolve their disputes through amicable settlement and it also introduces Sulḥ as an amiable way to settle matrimonial disputes. This paper deals with the dissolution of marriage among the Muslim community in Malaysia by examining the causes of high rate of divorce and solutions to the social endemic from an Islamic perspective. By this, the paper mainly adopts the qualitative method to study the ways and manner of dissolution of marriage occur among Malaysian Muslims. The study is primarily based on the library resources where the data are collected from classical and contemporary works and treatises on the subject matter. The paper concludes that there is a need for reevaluating the process of Ṣulḥ in the Shariah Courts in settling the dispute between two parties (husband and wife). It argues that the the process of Ṣulḥ in Islamic court should not be seen only as a mode of facilitating the resolution of dissolution of marriage but also to be reckoned as a mechanism for keeping matrimonial relationship healthy and tidy. And by this, the paper proposes a new framework for dispute resolution in the dissolution of marriage based on the hybrid processes (Med-Arb), of alternative dispute resolution (ADR). 2018-10-03 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/68493/1/Conference%20Programme%20and%20Abstract%20Book.pdf application/pdf en http://irep.iium.edu.my/68493/2/Full%20Paper%20for%20ICRCG2018.pdf Zakariyah, Luqman and Sapardi @ Saparti, Siti Nurafiqah (2018) High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy. In: International Conference on Religion, Culture and Governance in the Contemporary World (ICRCG 2018), 3rd-4th October 2018, Kuala Lumpur. (Unpublished)
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
English
topic BL Religion
HM621 Culture
HQ The family. Marriage. Woman
spellingShingle BL Religion
HM621 Culture
HQ The family. Marriage. Woman
Zakariyah, Luqman
Sapardi @ Saparti, Siti Nurafiqah
High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
description Abstract: Islam encourages parties in conflict to resolve their disputes through amicable settlement and it also introduces Sulḥ as an amiable way to settle matrimonial disputes. This paper deals with the dissolution of marriage among the Muslim community in Malaysia by examining the causes of high rate of divorce and solutions to the social endemic from an Islamic perspective. By this, the paper mainly adopts the qualitative method to study the ways and manner of dissolution of marriage occur among Malaysian Muslims. The study is primarily based on the library resources where the data are collected from classical and contemporary works and treatises on the subject matter. The paper concludes that there is a need for reevaluating the process of Ṣulḥ in the Shariah Courts in settling the dispute between two parties (husband and wife). It argues that the the process of Ṣulḥ in Islamic court should not be seen only as a mode of facilitating the resolution of dissolution of marriage but also to be reckoned as a mechanism for keeping matrimonial relationship healthy and tidy. And by this, the paper proposes a new framework for dispute resolution in the dissolution of marriage based on the hybrid processes (Med-Arb), of alternative dispute resolution (ADR).
format Conference or Workshop Item
author Zakariyah, Luqman
Sapardi @ Saparti, Siti Nurafiqah
author_facet Zakariyah, Luqman
Sapardi @ Saparti, Siti Nurafiqah
author_sort Zakariyah, Luqman
title High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_short High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_full High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_fullStr High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_full_unstemmed High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_sort high rate divorce among muslims in malaysia: a study of legal reconciliation and islamic matrimonial dispute remedy
publishDate 2018
url http://irep.iium.edu.my/68493/1/Conference%20Programme%20and%20Abstract%20Book.pdf
http://irep.iium.edu.my/68493/2/Full%20Paper%20for%20ICRCG2018.pdf
http://irep.iium.edu.my/68493/
_version_ 1643618609807753216
score 13.211869

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