Reformations on the Malaysian Muslim Family Law: A case study

[No Value] Noor, [No Value] Syazni, [No Value] Hafiz, [No Value] Hafiza, [No Value] Jalilah

Research output: Contribution to journalArticle

Abstract

Malaysia achieved her independence in 1957 from the British colonial authorities as well as the Portuguese and Dutch. During the administration of the British Empire, some important legislations such as the Mohammedan Marriage Ordinance 1880, the first legislation regulating on Islamic marriage in Straits Settlements was passed which was mainly procedural in 0content. It continued to be applied in Penang and Melaka until the State Acts were passed in 1959. The Malaysian marriage is quite based on civil and Islamic as well as customary in nature. In fact, Malaysian legal systems including the Family Law issues are also based on the English common law, Islamic law and Malay customs. In the context of Malaysian Family Law, the Islamic Family Law (Federal Territories) Act, 1984 is one of the important mechanisms for dealing with the family matters. It is in fact based on the sources of Islamic Law. Moreover, some important family laws also repealed. In addition to it, some law reforms initiatives such as the Law Reform (Marriage and Divorce) Act 1976 as amended by the Law Reform (Marriage and Divorce) (Amendment) Act 1980 and the Law Reform (Marriage and Divorce) Act 1986 and in the Law Reform (Marriage and Divorce Rules 1982 have already been made. Still, there are some problems with provisions and application of these laws in Malaysia. The study finds some problems such as noncompliance with the provisions, dower systems; financial matters etc. However, this study will examine some provisions of the Malaysian family laws relating to marriages in Malaysia based on the primary and secondary sources consisting of at least 50 respondents in different criteria such as professors, lecturers, students, common people, business people, foreigners, officers and staffs etc., in Melaka City. The findings of this work will be very helpful in policy making in Malaysia.

Original languageEnglish
Pages (from-to)231-240
Number of pages10
JournalEuropean Journal of Social Sciences
Volume26
Issue number2
Publication statusPublished - Dec 2011
Externally publishedYes

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family law
reformation
Muslim
marriage
law reform
divorce
act
Malaysia
Law
university teacher
legislation
common law
legal system
amendment
staff

Keywords

  • Muslim Family Law Reforms

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

Noor, N. V., Syazni, N. V., Hafiz, N. V., Hafiza, N. V., & Jalilah, N. V. (2011). Reformations on the Malaysian Muslim Family Law: A case study. European Journal of Social Sciences, 26(2), 231-240.

Reformations on the Malaysian Muslim Family Law : A case study. / Noor, [No Value]; Syazni, [No Value]; Hafiz, [No Value]; Hafiza, [No Value]; Jalilah, [No Value].

In: European Journal of Social Sciences, Vol. 26, No. 2, 12.2011, p. 231-240.

Research output: Contribution to journalArticle

Noor, NV, Syazni, NV, Hafiz, NV, Hafiza, NV & Jalilah, NV 2011, 'Reformations on the Malaysian Muslim Family Law: A case study', European Journal of Social Sciences, vol. 26, no. 2, pp. 231-240.
Noor NV, Syazni NV, Hafiz NV, Hafiza NV, Jalilah NV. Reformations on the Malaysian Muslim Family Law: A case study. European Journal of Social Sciences. 2011 Dec;26(2):231-240.
Noor, [No Value] ; Syazni, [No Value] ; Hafiz, [No Value] ; Hafiza, [No Value] ; Jalilah, [No Value]. / Reformations on the Malaysian Muslim Family Law : A case study. In: European Journal of Social Sciences. 2011 ; Vol. 26, No. 2. pp. 231-240.
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