Civil and Islamic family law in Malaysia: an overview

Ali Mohamed, Ashgar Ali and Gary, Lilienthal and Mohamed, Hanipa Maidin and Ahmad, Muhamad Hassan (2026) Civil and Islamic family law in Malaysia: an overview. In: FAMILY LAW IN MALAYSIA: CIVIL AND SYARIAH PERSPECTIVES. CLJ Publication, Kuala Lumpur, pp. 1-38. ISBN 978-967-457-213-6

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Abstract

Marriage is an important institution of human life, regulating relations between two individuals, a man and a woman, and furnishes the mechanism by means of which the relationship of a child to the community is determined. It is a social and legal contract, and some describe it as a sacred union leading to a virtuous life, free from immorality and emotional inhibition. In other words, marriage is a partnership built on love, mercy, and mutual respect. The contract allows for lawful intimacy and companionship, but never domination or enslavement. When marriages turn sour and the parties do not wish to carry on with married life, divorce becomes the only option. Undoubtedly, divorce is an emotional and frightening experience, affecting one’s emotional well-being and personality. Men have been accorded a status higher than their spouse, as leader of the family and as such are subject to various duties, such as providing for and protecting their spouse and children. The husband is fully responsible for the family in its entirety. Laws have been enacted to establish inter alia, rules and procedures for marriage while also ensuring the rights and well-being of individuals involved in a marital relationship. They introduce among others, the requirements of a valid marriage, the procedure for getting married, the solemnisation of marriage in Malaysia and the rules on marriages to foreigners or abroad. Further, either party to the marriage may initiate a divorce either through a contested or a mutual consent divorce. Having said the above, this Chapter discusses the development of marriage laws from both the civil and Syariah perspectives. In the conventional or civil legal tradition, marriage was initially tied to religious or customary practices, but over time, it has become more structured and strictly regulated – for example, in the West Malaysia by the Law Reform Marriage and Divorce Act 1976 (LRA). Meanwhile, the legal basis of marriage in Islam is provided in the primary texts of Islamic law, namely, the Quran and the Traditions of Prophet Muhammad (SAW) where many of the provisions from these sources have been legislated and currently found in Islamic family laws at the State level. It is worth noting that Islamic law as enforced in Malaysia is largely confined to areas of Muslim personal law such as betrothal, marriage, divorce, dowry and maintenance, inheritance, and minor offences against the precepts of the religion of Islam as specified in the State List (List II) of the Ninth Schedule of the Federal Constitution.

Item Type:	Book Chapter
Uncontrolled Keywords:	Family Law, Civil, Syariah, Islam, Malaysia.
Subjects:	K Law > K670 Family Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	29 Jul 2026 01:19
Last Update:	29 Jul 2026 01:31
Queue Number:	2026-07-Q4291
URI:	http://irep.iium.edu.my/id/eprint/130238

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