Date of Award

2010

Thesis Type

Masters

Document Type

Dissertation

Divisions

Academy of Islamic Studies

Department

Dept of Syariah & Law

Institution

Universiti Malaya

Abstract

There is no specific nas (justification) provided in the Al-Quran and the Al-Sunnah with regards to divorce outside the Court without due permission. However, over the years this ongoing problem has led the scholars to view their justifications on the matter. In view of this, the purpose of this dissertation is to feature the study on divorce cases outside Court and without the Court’s permission and its implementation to Malaysian law specifically in reference to cases from the Syariah Courts in Selangor. The Selangor Islamic Family Law Enactment 1984 for instance, as proposed by the Syariah Court has come up with a specific clause to address the issue where the husband divorces his wife by the pronouncement of talaq in any form outside the Court and without the permission of the Court under section 124. The research methodology used throughout the study was based on library and field research specifically discussing the factors of divorce cases and the basic cause of divorce cases as discussed by fuqaha’ which is found in 'fiqh’ religious books. The Courts are part of the reference in the study. The mentioned cases were studied and analysed to gain insight on the factors that led to divorce cases outside the courts and without permission of the court. The findings of the study shows that the society is not fully exposed to offences under Section 124 and the penalties imposed on husbands are light. Besides that, the information input between the Courts’ registrar and the prosecutor should be updated to curb this issue, thus those offenders who commit offence under section 124 should be penalised. In spite of the certain weaknesses in the implementation of section 124, improvement should be made from time to time. It is therefore important that this restriction be reinforced to deter the arising issues of husbands divorcing their wives at their free will as well as to protect the well-being of their wives’ and the children concerned.

Initial

khm

Additional Information

Dissertation (M.A.) – Academy of Islamic Studies, Universiti Malaya, 2010.

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