Shari’ah application in Malaysia in matters relating to ancillary reliefs

Mohd, Azizah (2025) Shari’ah application in Malaysia in matters relating to ancillary reliefs. In: International Conference On Islamic Law, Malaysia & Algeria & Round Table Discussion On Islamic Social Finance, Halal & Waqf, 17th - 19th February 2025., University Of Algeria And Grand Mosque Of Algeria..

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Abstract

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). Each state has its own enactment that governs family matters including matters relating to betrothal, marriage and divorce, polygamy, dower, duty to provide maintenance to wife and children, prohibited degrees of marriage, procedure of marriage, talaq, fasakh, khulu’, ta’liq, iddah, ancillary rights, guardianship and custody of children. This paper deals with Shari’ah application in Malaysia in matters relating to ancillary reliefs. Ancillary relief generally refers to certain financial rights that may be claimed by the spouse upon divorce. Discussion focuses on examination of relevant provisions of Islamic family law Act and enactments particularly the Islamic Family law (Federal Territories) Act 1984 on ancillary matters that was codified based on the Shari’ah. The codification of Islamic law in ancillary matters in Malaysia is based upon four Sunni schools of law and administered in the Syariah Court. Nevertheless, apart from the codified Islamic legislation, Islamic law (the Shari’ah) in its original form is still referred to and applied as part of Hukum Syarak. Hukum Syarak refers to Islamic law of the recognized madhhab. The study employs the qualitative method of study where it only involves doctrinal analysis and library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

Item Type:	Proceeding Paper (Plenary Papers)
Uncontrolled Keywords:	Ancillary Reliefs, Shari’ah, Islamic Family (Federal Territories) Act 1984, Application.
Subjects:	BPK Islamic law. Shari'ah. Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Azizah Mohd
Date Deposited:	27 Aug 2025 12:50
Last Modified:	27 Aug 2025 12:50
URI:	http://irep.iium.edu.my/id/eprint/122936

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