High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy

Abstract: Islam encourages parties in conflict to resolve their disputes through amicable settlement and it also introduces Sulḥ as an amiable way to settle matrimonial disputes. This paper deals with the dissolution of marriage among the Muslim community in Malaysia by examining the causes of high...

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Main Authors:	Zakariyah, Luqman, Sapardi @ Saparti, Siti Nurafiqah
Format:	Conference or Workshop Item
Language:	English English
Published:	2018
Subjects:	BL Religion HM621 Culture HQ The family. Marriage. Woman
Online Access:	http://irep.iium.edu.my/68493/ http://irep.iium.edu.my/68493/1/Conference%20Programme%20and%20Abstract%20Book.pdf http://irep.iium.edu.my/68493/2/Full%20Paper%20for%20ICRCG2018.pdf

id	iium-68493
recordtype	eprints
spelling	iium-684932019-01-02T07:08:44Z http://irep.iium.edu.my/68493/ High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy Zakariyah, Luqman Sapardi @ Saparti, Siti Nurafiqah BL Religion HM621 Culture HQ The family. Marriage. Woman Abstract: Islam encourages parties in conflict to resolve their disputes through amicable settlement and it also introduces Sulḥ as an amiable way to settle matrimonial disputes. This paper deals with the dissolution of marriage among the Muslim community in Malaysia by examining the causes of high rate of divorce and solutions to the social endemic from an Islamic perspective. By this, the paper mainly adopts the qualitative method to study the ways and manner of dissolution of marriage occur among Malaysian Muslims. The study is primarily based on the library resources where the data are collected from classical and contemporary works and treatises on the subject matter. The paper concludes that there is a need for reevaluating the process of Ṣulḥ in the Shariah Courts in settling the dispute between two parties (husband and wife). It argues that the the process of Ṣulḥ in Islamic court should not be seen only as a mode of facilitating the resolution of dissolution of marriage but also to be reckoned as a mechanism for keeping matrimonial relationship healthy and tidy. And by this, the paper proposes a new framework for dispute resolution in the dissolution of marriage based on the hybrid processes (Med-Arb), of alternative dispute resolution (ADR). 2018-10-03 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/68493/1/Conference%20Programme%20and%20Abstract%20Book.pdf application/pdf en http://irep.iium.edu.my/68493/2/Full%20Paper%20for%20ICRCG2018.pdf Zakariyah, Luqman and Sapardi @ Saparti, Siti Nurafiqah (2018) High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy. In: International Conference on Religion, Culture and Governance in the Contemporary World (ICRCG 2018), 3rd-4th October 2018, Kuala Lumpur. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	BL Religion HM621 Culture HQ The family. Marriage. Woman
spellingShingle	BL Religion HM621 Culture HQ The family. Marriage. Woman Zakariyah, Luqman Sapardi @ Saparti, Siti Nurafiqah High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
description	Abstract: Islam encourages parties in conflict to resolve their disputes through amicable settlement and it also introduces Sulḥ as an amiable way to settle matrimonial disputes. This paper deals with the dissolution of marriage among the Muslim community in Malaysia by examining the causes of high rate of divorce and solutions to the social endemic from an Islamic perspective. By this, the paper mainly adopts the qualitative method to study the ways and manner of dissolution of marriage occur among Malaysian Muslims. The study is primarily based on the library resources where the data are collected from classical and contemporary works and treatises on the subject matter. The paper concludes that there is a need for reevaluating the process of Ṣulḥ in the Shariah Courts in settling the dispute between two parties (husband and wife). It argues that the the process of Ṣulḥ in Islamic court should not be seen only as a mode of facilitating the resolution of dissolution of marriage but also to be reckoned as a mechanism for keeping matrimonial relationship healthy and tidy. And by this, the paper proposes a new framework for dispute resolution in the dissolution of marriage based on the hybrid processes (Med-Arb), of alternative dispute resolution (ADR).
format	Conference or Workshop Item
author	Zakariyah, Luqman Sapardi @ Saparti, Siti Nurafiqah
author_facet	Zakariyah, Luqman Sapardi @ Saparti, Siti Nurafiqah
author_sort	Zakariyah, Luqman
title	High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_short	High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_full	High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_fullStr	High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_full_unstemmed	High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy
title_sort	high rate divorce among muslims in malaysia: a study of legal reconciliation and islamic matrimonial dispute remedy
publishDate	2018
url	http://irep.iium.edu.my/68493/ http://irep.iium.edu.my/68493/1/Conference%20Programme%20and%20Abstract%20Book.pdf http://irep.iium.edu.my/68493/2/Full%20Paper%20for%20ICRCG2018.pdf
first_indexed	2023-09-18T21:37:13Z
last_indexed	2023-09-18T21:37:13Z
_version_	1777412900839751680

High rate divorce among Muslims in Malaysia: a study of legal reconciliation and Islamic matrimonial dispute remedy

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