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Non-registration of Muslim marriages in Malaysia: socio-legal implication

Mohd Hashim, Noraini (2009) Non-registration of Muslim marriages in Malaysia: socio-legal implication. In: International Conference on Law and Social Obligations: Law and Social Obligations: The Way Forward Obligations, 10-11 August 2009, Faculty of law, University of Kashmir, Srinigar, India. (Unpublished)

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There are no single provisions found in the Al Qur´an or as Sunnah as relates to registration of marriage, but there are equally no prohibitory provisions as well. The purpose of the enforcement of registration is to remove the difficulty of proving the marriage. As such, the obligation to register marriage is important as it is for the benefit (maslahah) and protection of the society at large. The effect of unregistered marriage is not felt until and unless when the parties face matrimonial difficulties. The SharÊÑah court has no jurisdiction to entertain their cases until it is proven that their marriage is registered or deemed registered or valid according hukum shara´. Therefore, if the parties cannot prove the validity of their marriage by the assistance of the person solemnizing the marriage or by the witnesses of their marriage, the registration of the marriage will facilitate to prove the existence of their marriage. This article is to establish the importance of registration and the effect of non-registration that will lead to various socio-legal implications.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 1600/3353
Uncontrolled Keywords: registration, marriage, socio-obligation, importance, safeguard
Subjects: K Law > KPG Malaysia
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. NORAINI MD HASHIM
Date Deposited: 11 Oct 2011 08:51
Last Modified: 14 Jan 2013 07:49
URI: http://irep.iium.edu.my/id/eprint/3353

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