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

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...

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Main Author: Mohd Hashim, Noraini
Format: Conference or Workshop Item
Language:English
Published: 2009
Subjects:
Online Access:http://irep.iium.edu.my/3353/
http://irep.iium.edu.my/3353/1/8.Article_for_ICLSO%2C_KASHMIR_2009.pdf
id iium-3353
recordtype eprints
spelling iium-33532013-01-13T23:49:04Z http://irep.iium.edu.my/3353/ Non-registration of Muslim marriages in Malaysia: socio-legal implication Mohd Hashim, Noraini KPG Malaysia 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. 2009-08-10 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/3353/1/8.Article_for_ICLSO%2C_KASHMIR_2009.pdf 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 (Unpublished)
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KPG Malaysia
spellingShingle KPG Malaysia
Mohd Hashim, Noraini
Non-registration of Muslim marriages in Malaysia: socio-legal implication
description 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.
format Conference or Workshop Item
author Mohd Hashim, Noraini
author_facet Mohd Hashim, Noraini
author_sort Mohd Hashim, Noraini
title Non-registration of Muslim marriages in Malaysia: socio-legal implication
title_short Non-registration of Muslim marriages in Malaysia: socio-legal implication
title_full Non-registration of Muslim marriages in Malaysia: socio-legal implication
title_fullStr Non-registration of Muslim marriages in Malaysia: socio-legal implication
title_full_unstemmed Non-registration of Muslim marriages in Malaysia: socio-legal implication
title_sort non-registration of muslim marriages in malaysia: socio-legal implication
publishDate 2009
url http://irep.iium.edu.my/3353/
http://irep.iium.edu.my/3353/1/8.Article_for_ICLSO%2C_KASHMIR_2009.pdf
first_indexed 2023-09-18T20:11:09Z
last_indexed 2023-09-18T20:11:09Z
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