Proceedings of the 6th World Conference on Social Sciences Studies
Year: 2024
DOI:
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The Practice of Marital Agreements: Analysis According to the Islamic Family Law in Malaysia
Mohd Norhusairi Mat Hussin, and Rahmah Syafinaz Ngaspar
ABSTRACT:
The current developments indicate that the neglect of spousal rights and conflicts within marriages are common phenomena, especially among Muslim communities. Despite Sharia law guiding the rights and responsibilities of husbands and wives, the existing reality has led to an encouragement for the implementation of Marital Agreements. The implementation of the agreements is seen as significant and crucial in protecting the rights of spouses, especially those facing marital crises. The purpose of this study is to examine the practical aspects of Marital Agreements in Malaysia based on cases filed in the Shariah Courts. An analysis is also conducted on the concept and position of these agreements in Sharia law and Islamic Family Law. The importance of this study lies in identifying the formation of Marital Agreements that are acceptable in the Shariah Courts and align with the principles of maqasid Sharia. The research methodology employs a qualitative approach, collecting data through library research, including books, articles, and relevant legal provisions. To gain comprehensive insights into the research topic, data collection involves interviews and case studies, analyzed through content analysis and thematic analysis methods. The study findings reveal a close connection between the concept of taklik in Sharia law and the general discussion on Marital Agreements. However, the practical application in the Shariah Courts concerning cases of marital dissolution with Marital Agreements differs from the practice of taklik. The study examines and compares the differing elements in the practical aspects of Marital Agreements and taklik, including procedural aspects and terms incorporated into the agreements. The implications of this study are believed to enhance the public’s understanding of the practical aspects of legally acceptable agreements in the Shariah Courts, providing an alternative resolution for issues related to Islamic family administration.
keywords: Marital Agreements, Islamic Law, Taklik, Shariah Court, Islamic Family Law