Islamic Family Law In Malaysia

Malaysia s islamic family laws suffered two rounds of regression in the 1990s and early 2000s following amendments to the law according to a rights activist.

Islamic family law in malaysia. Islam was introduced by traders arriving from arabia china and the indian. A q a guide to family law in malaysia. However several criticisms have been leveled against the exclusive reliance on this school of law on the argument that it gives room for unnecessary restrictions of. The predominance school of law in malaysia today is the madhhab shafi i.

29 april 1987 p u. The laws governing non muslims and the laws governing muslims. Anyone that professes to the religion of islam will then be governed by the islamic laws. Malaysia is a country whose most professed religion is islam as of 2013 there were approximately 19 5 million muslim adherents or 61 3 of the population.

Act 303 islamic family law federal territory act 1984 incorporating latest amendment p u a 247 2002. In malaysia there are 4 main mazhabs or schools of figh that carry out such. The property or pusaka that was acquired before the marriage will always remain in the family. Do the provisions found in the wills.

Islamic family law of malaysia. For example the c urrent. Islamic family law act contains a large number of. Thus this chapter will confine its discussion to the growth of islamic family law in malaysia the legal framework concerning ḍarar and its relation as a ground for fasakh divorce in malaysia as well as interpretive effort of syarie judges on the scope of ḍarar based on.

As far as islamic law in malaysia is concerned the codification of law and its development proved to be enlightening. Islamic family law federal territories 9 laws of malaysia act 303 islamic family law federal territories act 1984 an act to enact certain provisions of the islamic family law in respect of marriage divorce maintenance guardianship and other matters connected with family life. In malaysia there are two sets of laws that are applicable in personal matters of intestacy marriage divorce custody of children and division of assets on the breakdown of a marriage. Muslims in malaysia are governed by islamic personal and family law which has been in existence since the 15th century.

1 who is affected by syariah islamic law in malaysia. Islam in malaysia is represented by the shafi i version of sunni theology and jurisprudence while defining malaysia constitutionally a secular state. Islamic laws have been administered not only by the syari ah courts but also the civil.