The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective

Islam permits polygamy to preserve women’s dignity and to safeguard the social, moral and economic well-being of wives and their children. Unfortunately, a number of polygamous marriages among Muslims in Malaysia registered at the local ‘Shariah Courts’ are problematic and “misleading” as they do no...

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Main Authors:	Fatah Yasin, Raudlotul Firdaus, Jani, Mohd. Shah
Format:	Conference or Workshop Item
Language:	English English
Published:	2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/38000/ http://irep.iium.edu.my/38000/ http://irep.iium.edu.my/38000/1/Kanita_THE_EFFICENCY_OF_LEGAL_PROVISION_ON_POLYGAMY_IN_MALAYSIA%2C_A_CRITICAL_ANALYSIS_FROM_QUR%E2%80%99ANIC_PERSPECTIVE_1.pdf http://irep.iium.edu.my/38000/14/Binder1.pdf

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recordtype	eprints
spelling	iium-380002015-01-09T01:16:01Z http://irep.iium.edu.my/38000/ The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective Fatah Yasin, Raudlotul Firdaus Jani, Mohd. Shah K Law (General) Islam permits polygamy to preserve women’s dignity and to safeguard the social, moral and economic well-being of wives and their children. Unfortunately, a number of polygamous marriages among Muslims in Malaysia registered at the local ‘Shariah Courts’ are problematic and “misleading” as they do not reflect the teachings of Islam and its Sharīʿah intents on polygamy. As a consequence, polygamy has become a very controversial issue among its critics and supporters. It has invited serious criticisms on the credibility of the legal provision namely Islamic Family Law Act 1984 (IFLA) in curbing the abuse of polygamy. As a short term measure to overcome the problem, it has been suggested that IFLA should be reformed in order to address the current problems faced by Muslims. The IFLA has been amended twice, in 1994 and 2005, and yet the Act has not been gazetted, as some states in Malaysia are not ready to enforce the new enactment due to certain restricting provisions, which according to them are not fully compliant with the true intents of polygamy as stated in the Qurʾān and Sunnah. This paper seeks to examine the efficiency of the current provision, and the compatibility between the law of polygamy in the Islamic Family Law Act 1984 with the revelation of Allah (SWT) in the Qurʾān and Sunnah of the Prophet (PBUH. It will focus its analysis on the textual sources (nuṣūṣ) of IFLA provisions on polygamy, as well as the effectiveness and the compatibility of the provisions with the sources. The paper comes with recommendations to improve the current provisions on polygamy so that it may not be abused or misused for objectives contrary to its original Sharīʿah intents. Keywords: Legal Provision, Polygamy, Curbing the Abuse 2014 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/38000/1/Kanita_THE_EFFICENCY_OF_LEGAL_PROVISION_ON_POLYGAMY_IN_MALAYSIA%2C_A_CRITICAL_ANALYSIS_FROM_QUR%E2%80%99ANIC_PERSPECTIVE_1.pdf application/pdf en http://irep.iium.edu.my/38000/14/Binder1.pdf Fatah Yasin, Raudlotul Firdaus and Jani, Mohd. Shah (2014) The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective. In: KANITA Inaugural Postgraduate International Conference on Gender Studies (KPICGS) 2012, 13th-14th August 2014, Penang. http://kanita.usm.my/index.php/activities/conferences/130-kpicgs2012
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Fatah Yasin, Raudlotul Firdaus Jani, Mohd. Shah The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective
description	Islam permits polygamy to preserve women’s dignity and to safeguard the social, moral and economic well-being of wives and their children. Unfortunately, a number of polygamous marriages among Muslims in Malaysia registered at the local ‘Shariah Courts’ are problematic and “misleading” as they do not reflect the teachings of Islam and its Sharīʿah intents on polygamy. As a consequence, polygamy has become a very controversial issue among its critics and supporters. It has invited serious criticisms on the credibility of the legal provision namely Islamic Family Law Act 1984 (IFLA) in curbing the abuse of polygamy. As a short term measure to overcome the problem, it has been suggested that IFLA should be reformed in order to address the current problems faced by Muslims. The IFLA has been amended twice, in 1994 and 2005, and yet the Act has not been gazetted, as some states in Malaysia are not ready to enforce the new enactment due to certain restricting provisions, which according to them are not fully compliant with the true intents of polygamy as stated in the Qurʾān and Sunnah. This paper seeks to examine the efficiency of the current provision, and the compatibility between the law of polygamy in the Islamic Family Law Act 1984 with the revelation of Allah (SWT) in the Qurʾān and Sunnah of the Prophet (PBUH. It will focus its analysis on the textual sources (nuṣūṣ) of IFLA provisions on polygamy, as well as the effectiveness and the compatibility of the provisions with the sources. The paper comes with recommendations to improve the current provisions on polygamy so that it may not be abused or misused for objectives contrary to its original Sharīʿah intents. Keywords: Legal Provision, Polygamy, Curbing the Abuse
format	Conference or Workshop Item
author	Fatah Yasin, Raudlotul Firdaus Jani, Mohd. Shah
author_facet	Fatah Yasin, Raudlotul Firdaus Jani, Mohd. Shah
author_sort	Fatah Yasin, Raudlotul Firdaus
title	The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective
title_short	The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective
title_full	The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective
title_fullStr	The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective
title_full_unstemmed	The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective
title_sort	efficency of legal provision on polygamy in malaysia: a critical analysis from qur’anic perspective
publishDate	2014
url	http://irep.iium.edu.my/38000/ http://irep.iium.edu.my/38000/ http://irep.iium.edu.my/38000/1/Kanita_THE_EFFICENCY_OF_LEGAL_PROVISION_ON_POLYGAMY_IN_MALAYSIA%2C_A_CRITICAL_ANALYSIS_FROM_QUR%E2%80%99ANIC_PERSPECTIVE_1.pdf http://irep.iium.edu.my/38000/14/Binder1.pdf
first_indexed	2023-09-18T20:54:31Z
last_indexed	2023-09-18T20:54:31Z
_version_	1777410214937493504

The efficency of legal provision on polygamy in Malaysia: a critical analysis from Qur’anic perspective

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