Mehmood, Muhammad Ifzal and Abdul Malek, Normi (2019) A study of Talaq Al-Tafwid in Islamic Law and Contemporary Legislations: Should Malaysia follow suit? Shariah Law Report, 4. i-xi.
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Abstract
When spouses find that their marriage can no longer subsist due to many different reasons, divorce might be one of the reasonable ways out for them. In the case of a man, he may pronounce talaq to his wife, while for a woman there are variety of ways to dissolve the marriage depending on the reasons and circumstances, including khulu’, fasakh and ta’liq. However, these types of divorces require many conditions to be fulfilled and are also time consuming.Talaq al-tafwid, therefore, in some situations, can become another convenient alternative to dissolve the marriage by both man and woman. This article discusses the status of talaqal-tafwid according to Islamic Law and explores whether it is appropriate to be included in the statutes in Malaysia as another alternative way to dissolve the marriage. The research also investigates other jurisdictions which have adopted and implemented talaq al-tafwid ie Pakistan and Singapore.
| Item Type: | Article (Journal) |
|---|---|
| Additional Information: | 1547/89016 |
| Uncontrolled Keywords: | Talaq (divorce), Talaq Al-Tafwid (delegated right of divorce), Ancillary rights, Singapore law, Pakistani law |
| Subjects: | K Law > KBP Islamic Law |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law |
| Depositing User: | Dr Normi Abdul Malek |
| Date Deposited: | 24 Mar 2021 09:47 |
| Last Modified: | 24 Mar 2021 09:47 |
| URI: | http://irep.iium.edu.my/id/eprint/89016 |
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