Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia

In Islam, a man may marry more than one woman, provided, as mentioned in the Qur’an, some conditions are observed. The requirement of equal and fair treatment to the women is clearly emphasised, and it has to be based on just and equitable principles as laid down by Islamic Law. Muslim jurists have...

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Main Author:	Abdul Hak, Nora
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2008
Subjects:	K Law (General) KBP1 Islamic law.Shariah.Fiqh KPG Malaysia
Online Access:	http://irep.iium.edu.my/6471/ http://irep.iium.edu.my/6471/1/Just_and_Equal_Treatment_in_Polygamous_Marriage.pdf

id	iium-6471
recordtype	eprints
spelling	iium-64712011-11-21T18:32:02Z http://irep.iium.edu.my/6471/ Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia Abdul Hak, Nora K Law (General) KBP1 Islamic law.Shariah.Fiqh KPG Malaysia In Islam, a man may marry more than one woman, provided, as mentioned in the Qur’an, some conditions are observed. The requirement of equal and fair treatment to the women is clearly emphasised, and it has to be based on just and equitable principles as laid down by Islamic Law. Muslim jurists have laid down specific conditions for a man to take more than one wife. The man should have enough financial capacity to look after the needs of the women and they should be treated equally in fulfilling their rights such as maintenance and accommodation. If a man feels that he will not be able to treat the women with equality and justice he should restrict himself to marrying only one woman. In Malaysia, the Syariah Court can only grant permission for polygamous marriage if a man has satisfied the court that he has fulfilled the required conditions. Section 23 (4) of the Islamic Family Law Act in Malaysia provides that the husband must have sufficient means to support his wives and dependants, that he would be able to accord equal and fair treatment to them. There are many cases in the Syariah Court where applications to practise polygamy by men were dismissed for fear justice would not be served to the women. This paper is an observation on the practice of the Syariah Court in Malaysia in granting permission to applications for polygamous marriage, and examines briefly to what extent this requirement of equal and fair treatment is adhered to by the courts. International Islamic University Malaysia 2008 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6471/1/Just_and_Equal_Treatment_in_Polygamous_Marriage.pdf Abdul Hak, Nora (2008) Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia. IIUM Law Journal, 16 (1). pp. 141-155. ISSN 0128-2530
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP1 Islamic law.Shariah.Fiqh KPG Malaysia
spellingShingle	K Law (General) KBP1 Islamic law.Shariah.Fiqh KPG Malaysia Abdul Hak, Nora Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia
description	In Islam, a man may marry more than one woman, provided, as mentioned in the Qur’an, some conditions are observed. The requirement of equal and fair treatment to the women is clearly emphasised, and it has to be based on just and equitable principles as laid down by Islamic Law. Muslim jurists have laid down specific conditions for a man to take more than one wife. The man should have enough financial capacity to look after the needs of the women and they should be treated equally in fulfilling their rights such as maintenance and accommodation. If a man feels that he will not be able to treat the women with equality and justice he should restrict himself to marrying only one woman. In Malaysia, the Syariah Court can only grant permission for polygamous marriage if a man has satisfied the court that he has fulfilled the required conditions. Section 23 (4) of the Islamic Family Law Act in Malaysia provides that the husband must have sufficient means to support his wives and dependants, that he would be able to accord equal and fair treatment to them. There are many cases in the Syariah Court where applications to practise polygamy by men were dismissed for fear justice would not be served to the women. This paper is an observation on the practice of the Syariah Court in Malaysia in granting permission to applications for polygamous marriage, and examines briefly to what extent this requirement of equal and fair treatment is adhered to by the courts.
format	Article
author	Abdul Hak, Nora
author_facet	Abdul Hak, Nora
author_sort	Abdul Hak, Nora
title	Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia
title_short	Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia
title_full	Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia
title_fullStr	Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia
title_full_unstemmed	Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia
title_sort	just and equal treatment in polygamous marriage: the practice in the shariah courts in malaysia
publisher	International Islamic University Malaysia
publishDate	2008
url	http://irep.iium.edu.my/6471/ http://irep.iium.edu.my/6471/1/Just_and_Equal_Treatment_in_Polygamous_Marriage.pdf
first_indexed	2023-09-18T20:15:26Z
last_indexed	2023-09-18T20:15:26Z
_version_	1777407755387142144

Just and equal treatment in polygamous marriage: the practice in the Shariah Courts in Malaysia

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