Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective

Ramlee, Zulfakar and Abdul Malek, Normi (2008) Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective. IIUM Law Journal, 16 (2). pp. 223-240. ISSN 0128-2530

PDF (Methods of proof and evidentiary) - Published Version Restricted to Repository staff only Download (94kB) | Request a copy

Abstract

The bulk of Shariah Court cases nowadays involve matters pertaining to the dissolution of marriage. The most common ones are talaq, ta'liq and fasakh. The reason as to why the Shariah Courts are crammed with these cases is not merely due to the increasing number of divorce cases but can also be attributed to the difficulty in proving them. Today, as lifestyles become more complicated, talaq is no longer the same as talaq, previously understood. The husband no longer pronounces it openly or orally. Current technology such as SMS and email has overshadowed the sanctity of talaq. The situation becomes worse when the sender, that is the husband, denies it.

Item Type:	Article (Journal)
Additional Information:	998/27005
Uncontrolled Keywords:	divorce cases
Subjects:	K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Normi Abdul Malek
Date Deposited:	21 Nov 2012 11:04
Last Modified:	21 Nov 2012 11:13
URI:	http://irep.iium.edu.my/id/eprint/27005

Actions (login required)

View Item