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Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns

Marriage is a way of gaining a peaceful mind and soul, be it monogamous or polygamous marriage. This is the sweetness of marriage as enshrined by Islam. To achieve this wisdom, conditions laid down by the religion and legal requirements must be observed. Otherwise, a marriage may turn into a miserab...

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Main Authors: Md Salleh, Anis Shuhaiza, Abdul Jalil, Najah Inani, Md Nasir, Nor Ashikin, Awang, Syahmi
Format: Article
Language:English
Published: UUM PRESS 2024
Subjects:
HQ The family. Marriage. Woman
Online Access:https://repo.uum.edu.my/id/eprint/32071/1/JPS%2027%202024%2025-49.pdf
https://repo.uum.edu.my/id/eprint/32071/
https://e-journal.uum.edu.my/index.php/jps/
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spelling my.uum.repo.320712025-02-19T10:27:56Z https://repo.uum.edu.my/id/eprint/32071/ Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns Md Salleh, Anis Shuhaiza Abdul Jalil, Najah Inani Md Nasir, Nor Ashikin Awang, Syahmi HQ The family. Marriage. Woman Marriage is a way of gaining a peaceful mind and soul, be it monogamous or polygamous marriage. This is the sweetness of marriage as enshrined by Islam. To achieve this wisdom, conditions laid down by the religion and legal requirements must be observed. Otherwise, a marriage may turn into a miserable and thorny life for couples, especially in polygamy. Thus, the purpose of this paper is to disseminate legal knowledge and refine the understanding about polygamous law in Malaysia. The central arguments of this study are two-pronged: (1) to deliberate on the Malaysian legal framework for polygamous marriage and (2) to discuss a crucial legal issue related to polygamy, namely cross-border marriage and its effects. The qualitative method of doctrinal legal research was employed to obtain and analyse primary and secondary data from various sources. It included examining the statutes and decided cases of the Syariah https://e-journal.uum.edu.my/index.php/jps JURNAL PEMBANGUNAN SOSIAL26 Jurnal Pembangunan Sosial, Vol. 27 (July) 2024, pp: 25-49 Courts, including reported and unreported cases. The relevant statutes studied were the Islamic Family Law (Federal Territories) Act 1984 and the Enactment of Islamic Family Law (Kedah Darul Aman) 2008. In substantiating arguments, data from e-Syariah Version 3 (ESV3) was used together with existing literature. The findings revealed that refusal or failure to comply with legal requirements pertaining to polygamous marriage may lead to cross-border marriage and its aftermath effects on the legality of the marriage, jurisdiction of the court, and the rights of wives and children in the context of law. Hence, the enforcement of existing laws on polygamy should be emphasised to control any abuse of power by a man to contract a polygamous marriage. More importantly, the laws and enforcement should be strengthened to protect the rights of the wives and children. Future research may focus on issues involving the rights of the wives and children of a polygamous marriage upon the death of the husband or father according to Islamic family law in Malaysia and its implementation. UUM PRESS 2024-07 Article PeerReviewed application/pdf en cc4_by https://repo.uum.edu.my/id/eprint/32071/1/JPS%2027%202024%2025-49.pdf Md Salleh, Anis Shuhaiza and Abdul Jalil, Najah Inani and Md Nasir, Nor Ashikin and Awang, Syahmi (2024) Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns. Jurnal Pembangunan Sosial (JPS), 27. pp. 25-49. ISSN 1394-6528 https://e-journal.uum.edu.my/index.php/jps/
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutional Repository
url_provider http://repo.uum.edu.my/
language English
topic HQ The family. Marriage. Woman
spellingShingle HQ The family. Marriage. Woman
Md Salleh, Anis Shuhaiza
Abdul Jalil, Najah Inani
Md Nasir, Nor Ashikin
Awang, Syahmi
Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns
description Marriage is a way of gaining a peaceful mind and soul, be it monogamous or polygamous marriage. This is the sweetness of marriage as enshrined by Islam. To achieve this wisdom, conditions laid down by the religion and legal requirements must be observed. Otherwise, a marriage may turn into a miserable and thorny life for couples, especially in polygamy. Thus, the purpose of this paper is to disseminate legal knowledge and refine the understanding about polygamous law in Malaysia. The central arguments of this study are two-pronged: (1) to deliberate on the Malaysian legal framework for polygamous marriage and (2) to discuss a crucial legal issue related to polygamy, namely cross-border marriage and its effects. The qualitative method of doctrinal legal research was employed to obtain and analyse primary and secondary data from various sources. It included examining the statutes and decided cases of the Syariah https://e-journal.uum.edu.my/index.php/jps JURNAL PEMBANGUNAN SOSIAL26 Jurnal Pembangunan Sosial, Vol. 27 (July) 2024, pp: 25-49 Courts, including reported and unreported cases. The relevant statutes studied were the Islamic Family Law (Federal Territories) Act 1984 and the Enactment of Islamic Family Law (Kedah Darul Aman) 2008. In substantiating arguments, data from e-Syariah Version 3 (ESV3) was used together with existing literature. The findings revealed that refusal or failure to comply with legal requirements pertaining to polygamous marriage may lead to cross-border marriage and its aftermath effects on the legality of the marriage, jurisdiction of the court, and the rights of wives and children in the context of law. Hence, the enforcement of existing laws on polygamy should be emphasised to control any abuse of power by a man to contract a polygamous marriage. More importantly, the laws and enforcement should be strengthened to protect the rights of the wives and children. Future research may focus on issues involving the rights of the wives and children of a polygamous marriage upon the death of the husband or father according to Islamic family law in Malaysia and its implementation.
format Article
author Md Salleh, Anis Shuhaiza
Abdul Jalil, Najah Inani
Md Nasir, Nor Ashikin
Awang, Syahmi
author_facet Md Salleh, Anis Shuhaiza
Abdul Jalil, Najah Inani
Md Nasir, Nor Ashikin
Awang, Syahmi
author_sort Md Salleh, Anis Shuhaiza
title Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns
title_short Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns
title_full Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns
title_fullStr Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns
title_full_unstemmed Islamic Family Law on Polygamous Marriage in Malaysia: Between Roses and Thorns
title_sort islamic family law on polygamous marriage in malaysia: between roses and thorns
publisher UUM PRESS
publishDate 2024
url https://repo.uum.edu.my/id/eprint/32071/1/JPS%2027%202024%2025-49.pdf
https://repo.uum.edu.my/id/eprint/32071/
https://e-journal.uum.edu.my/index.php/jps/
_version_ 1825164510255644672
score 13.239859

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