Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia
As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into...
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| Format: | Article |
| Language: | English |
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Institut Agama Islam Negeri (IAIN) Pontianak
2022-02-01
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| Series: | Journal of Islamic Law |
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| Online Access: | https://e-journal.iainptk.ac.id/index.php/jil/article/view/556 |
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| author | Siti Aminah Arif Sugitanata |
| author_facet | Siti Aminah Arif Sugitanata |
| author_sort | Siti Aminah |
| collection | DOAJ |
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As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only after independence that efforts to reform and codify Islamic family law began, marked by the stipulation of the jurisdiction of the federal territorial government and the territorial government into thirteen states. The codification of family law began with establishing a committee to amend Islamic law and be guided by other Islamic countries. The authors find four areas of marriage that have been reformed in Malaysia, namely the age limit for marriage, marriage registration, polygamy, and divorce. Among the four areas of marriage law, the authors find slight differences in regulations on the technical and material grounds in each state in Malaysia.
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| format | Article |
| id | doaj-art-75563f17d32a4ad8a9558fbcd15c2166 |
| institution | OA Journals |
| issn | 2721-5032 2721-5040 |
| language | English |
| publishDate | 2022-02-01 |
| publisher | Institut Agama Islam Negeri (IAIN) Pontianak |
| record_format | Article |
| series | Journal of Islamic Law |
| spelling | doaj-art-75563f17d32a4ad8a9558fbcd15c21662025-08-20T01:52:18ZengInstitut Agama Islam Negeri (IAIN) PontianakJournal of Islamic Law2721-50322721-50402022-02-013110.24260/jil.v3i1.556Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in MalaysiaSiti Aminah0Arif Sugitanata1Sultan Zainal Abidin University, MalaysiaUniversitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only after independence that efforts to reform and codify Islamic family law began, marked by the stipulation of the jurisdiction of the federal territorial government and the territorial government into thirteen states. The codification of family law began with establishing a committee to amend Islamic law and be guided by other Islamic countries. The authors find four areas of marriage that have been reformed in Malaysia, namely the age limit for marriage, marriage registration, polygamy, and divorce. Among the four areas of marriage law, the authors find slight differences in regulations on the technical and material grounds in each state in Malaysia. https://e-journal.iainptk.ac.id/index.php/jil/article/view/556GeneologyReformIslamic Family LawMarriageMalaysia |
| spellingShingle | Siti Aminah Arif Sugitanata Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia Journal of Islamic Law Geneology Reform Islamic Family Law Marriage Malaysia |
| title | Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia |
| title_full | Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia |
| title_fullStr | Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia |
| title_full_unstemmed | Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia |
| title_short | Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia |
| title_sort | genealogy and reform of islamic family law study of islamic marriage law products in malaysia |
| topic | Geneology Reform Islamic Family Law Marriage Malaysia |
| url | https://e-journal.iainptk.ac.id/index.php/jil/article/view/556 |
| work_keys_str_mv | AT sitiaminah genealogyandreformofislamicfamilylawstudyofislamicmarriagelawproductsinmalaysia AT arifsugitanata genealogyandreformofislamicfamilylawstudyofislamicmarriagelawproductsinmalaysia |