Date of Award

1-1-2001

Thesis Type

Masters

Document Type

Thesis

Divisions

Academy of Islamic Studies

Department

Department of Shariah and Law

Institution

Universiti Malaya

Abstract

There are various fom1s of dissolution of marriage under the Islamic Family Law. Some of them are ta'liq, khulu, ta'liq and fasakh. Among the four, the only mean a wife can obtain a divorce without the consent of the husband is through the court termination which is called fasakh. At the end of 19th century, reforms in the Islamic Family Law began in Turkey and followed by other countries including Malaysia. Through these reforms, provision and grounds for fasakh had been expanded and developed further. Among the new codes established in our country after the reforms are Selangor Islamic Family Law Enactment 1984, Federal Territory Islamic Family Law Act 1984 and the latest is Perlis Islamic Family Law Enactment 1992. This study will focus on the provisions of fasakh in Federal Territory Islamic Family Law Act 1984, and compare with the opinions of the previous fuqaha. Fasakh cases in Federal Territory also will be analysed to see the procedures followed, the evidences needed and the judgement reached by the judges. TI1e author will also highlights the actions that should be taken by the abused wives in claming their rights so that they might win the case and gain the order of divorce as requested.

Initial

snms

Additional Information

Dissertation (M.A) -- Academy of Islamic Studies, Universiti Malaya, 2001.

Download

Share

COinS