Sharia Law In Malaysia Marriage

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Sharia law in malaysia marriage. Family laws in respect of marriage divorce custody and guardianship maintenance of children matrimonial properties and alimony. The sharia high court of the state of selangor is in the city of shah alam 30 kilometres west of malaysia s bustling capital kuala lumpur. Probate and administration relating to distribution as well as trust deed in respect of gift inter vivos. And it pretty much applies only to west malaysia.

Federal laws enacted by parliament of malaysia that apply throughout. The quran sunnah authentic hadith qiyas analogical reasoning and ijma juridical consensus. Civil non islamic marriages in malaysia are governed by the law reform marriage and divorce act 1976 lrmd. The law of malaysia is mainly based on the common law legal system.

Kuala lumpur is a large urban metropolis. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. Divorces are petitioned to a family court by one partner or both partners in a marriage. Marriage is an act of islam and is strongly recommended.

For example section 10 of the islamic family law federal territories act 1984 states. In islamic law sharia marriage nikāḥ نکاح is a legal and social contract between two individuals. Syariah laws in malaysia apply in the following areas. Polygyny is permitted in islam under some conditions but polyandry is forbidden.

Islam s sharia law is cast from the words of muhammad called hadith his actions called sunnah and the quran which he dictated the sharia law itself cannot be altered but its interpretation called fiqh by muftis islamic jurists is given some latitude as a legal system the sharia law is exceptionally broad. 1 n o man shall marry a non muslim except a kitabiyah. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. Traditional theory of islamic jurisprudence recognizes four sources of sharia.

Different legal schools of which the most prominent are hanafi maliki shafi i hanbali and jafari developed methodologies for deriving sharia. Procedia social and. 54 irini ibrahim et al. Both shariah and civil law support that a marriage is similar to a civil contact yet they are different when discussing on the liabilities of parties to each contract.

There are 3 requirements that must be fulfilled before a divorce can be filed. Okay fine this is pretty much on a technicality note because it involves customs and traditions rather than law. The marriage laws that govern muslims in malaysia largely prohibit muslim non muslim marriages.