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Stipulation of rights in the practice of Nikah Al-Khitbah according to the fuqaha’ and the Islamic family law in Malaysia = Penetapan syarat di dalam amalan Nikah Khitbah menurut fuqaha’ dan undang-undang keluarga Islam di Malaysia

Sitiris, Miszairi and Mat Jubri@Shamsuddin, Mustafa and Awang Hamat, Mohd Afandi (2020) Stipulation of rights in the practice of Nikah Al-Khitbah according to the fuqaha’ and the Islamic family law in Malaysia = Penetapan syarat di dalam amalan Nikah Khitbah menurut fuqaha’ dan undang-undang keluarga Islam di Malaysia. Islam in Asia, 17 (1). pp. 314-331. ISSN 1823-0970 E-ISSN 2289-8077

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Abstract

Nikahal-khitbah or popularly known as nikah gantung became a choice of a handful of teenagers especially among university students in Malaysia due to financial constraints and educational reason. Such type of wedding practice raises a number of questions related to juristic issues. This is because the practice of Nikahal-khitbah involves establishing some limitation of rights that violate the purpose or intent of marriage. Among others, the spouses agree to defer some of their rights such as declining the right of nafaqah and the right of sexual intercourse which are against the original purpose (muqtada aqd) of marriage contract. This paper aims to study the opinions of jurists (Fuqaha) regarding such limitation or agreement in marriage contract and their validity according to the Islamic Family Law in Malaysia. This paper relies on analytical study in discussing the opinions of the Fuqaha’ and understanding the legal texts of the law related to the matter. This study found that marriage practice through nikah al-khitbah is valid according to the majority views of FuqahÉ’. Islamic family laws in Malaysia do not deny the validity of such marriage practices although there are some legal effects on the limitation of marriage rights.

Item Type: Article (Journal)
Additional Information: 2419/81335
Uncontrolled Keywords: Agreement in marriage contract, nikah al-khitbah, permission by the wali, Islamic Family Law in Malaysia
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam
K Law > K670 Family Law
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP524 Aḥwāl shakhṣīyah
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Dr. Mustafa Mat Jubri @ Shamsuddin
Date Deposited: 06 Jul 2020 14:55
Last Modified: 06 Jul 2020 15:07
URI: http://irep.iium.edu.my/id/eprint/81335

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