Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah

It is an essential requirement for a marriage to be registered according to the procedures as provided by the law. Non-registration of a marriage leads to the non-availability of a marriage certificate, being the main proof of the existence of the marital relationship. This situation results in vari...

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Bibliographic Details
Main Authors:	Halim, Akmal Hidayah, Abdullah, Mohamad Asmadi
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2008
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/26395/ http://irep.iium.edu.my/26395/ http://irep.iium.edu.my/26395/1/IIUM_law_journal_2008_article_with_Akmal.pdf

id	iium-26395
recordtype	eprints
spelling	iium-263952013-07-08T05:23:35Z http://irep.iium.edu.my/26395/ Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah Halim, Akmal Hidayah Abdullah, Mohamad Asmadi KBP Islamic Law It is an essential requirement for a marriage to be registered according to the procedures as provided by the law. Non-registration of a marriage leads to the non-availability of a marriage certificate, being the main proof of the existence of the marital relationship. This situation results in various legal complications in claiming the rights, including a right to property under the law of succession which arises upon the death of the spouse. Such a right, even though guaranteed by the Syarīcah, is not recognized by Malaysian law. This article seeks to examine the women’s rights to succession in cases of unregistered marriage with special reference to the execution of a waṣiyyah as a useful instrument to protect the rights of the unregistered wives against husbands’ estates. International Islamic University Malaysia 2008 Article PeerReviewed application/pdf en http://irep.iium.edu.my/26395/1/IIUM_law_journal_2008_article_with_Akmal.pdf Halim, Akmal Hidayah and Abdullah, Mohamad Asmadi (2008) Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah. IIUM Law Journal, 16 (1). pp. 125-139. ISSN 0128-2530 http://www3.iium.edu.my/laws/journaltest.php
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Halim, Akmal Hidayah Abdullah, Mohamad Asmadi Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah
description	It is an essential requirement for a marriage to be registered according to the procedures as provided by the law. Non-registration of a marriage leads to the non-availability of a marriage certificate, being the main proof of the existence of the marital relationship. This situation results in various legal complications in claiming the rights, including a right to property under the law of succession which arises upon the death of the spouse. Such a right, even though guaranteed by the Syarīcah, is not recognized by Malaysian law. This article seeks to examine the women’s rights to succession in cases of unregistered marriage with special reference to the execution of a waṣiyyah as a useful instrument to protect the rights of the unregistered wives against husbands’ estates.
format	Article
author	Halim, Akmal Hidayah Abdullah, Mohamad Asmadi
author_facet	Halim, Akmal Hidayah Abdullah, Mohamad Asmadi
author_sort	Halim, Akmal Hidayah
title	Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah
title_short	Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah
title_full	Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah
title_fullStr	Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah
title_full_unstemmed	Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah
title_sort	women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah
publisher	International Islamic University Malaysia
publishDate	2008
url	http://irep.iium.edu.my/26395/ http://irep.iium.edu.my/26395/ http://irep.iium.edu.my/26395/1/IIUM_law_journal_2008_article_with_Akmal.pdf
first_indexed	2023-09-18T20:39:21Z
last_indexed	2023-09-18T20:39:21Z
_version_	1777409260213239808

Women's rights to succession in unregistered marriages: a reference to the instrument of wasiyyah

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