Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’

Talaq, in general, refers to the dissolution of a valid marriage through the pronouncement of divorce by the husband. In Islam, talaq is permissible, especially whenever harm is perceived if the marriage continues or the couple fears that they cannot observe the limitation ordained by Allah swt. In...

Full description

Bibliographic Details
Main Author:	Mohd, Azizah
Format:	Conference or Workshop Item
Language:	English English
Published:	On İki Levha Yayincilik A. Ş. 2019
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/72941/ http://irep.iium.edu.my/72941/36/72941%20Abstracts%20Book.pdf http://irep.iium.edu.my/72941/2/ICLAS%202019%20dr%20azizahpowerpoint%20id22.pdf

id	iium-72941
recordtype	eprints
spelling	iium-729412019-07-09T01:16:24Z http://irep.iium.edu.my/72941/ Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’ Mohd, Azizah KBP1 Islamic law.Shariah.Fiqh Talaq, in general, refers to the dissolution of a valid marriage through the pronouncement of divorce by the husband. In Islam, talaq is permissible, especially whenever harm is perceived if the marriage continues or the couple fears that they cannot observe the limitation ordained by Allah swt. In Malaysia, the pronouncement of talaq is regulated in the sense that a husband should pronounce talaq in court or otherwise he can be guilty of fine and imprisonment. Such a regulation to a certain extent controls the husband power and authority to pronounce talaq even though the husband’s pronouncement of talaq is still counted as effective if it took place outside court. The rapid growth of digitalization seems to open a flood gate for more pronouncement of divorce outside court. Various electronic means of social communication like Facebook, WhatsApp, email, Instagram, telegram, twitter, etc will become the medium of divorce communication between the husband and the wife. This paper wishes to examine the position of talaq outside Court under Islamic law and the law in Malaysia in this the digitalization era. The examination will include the effect of such pronouncement to iddah and ruju’ especially when the husband is not a knowledgeable person on the rules of Islamic law. Finally, the paper will provide recommendation where necessary especially to improve the law on the pronouncement of talaq in Malaysia where the talaq is uttered through electronic mediums. On İki Levha Yayincilik A. Ş. 2019 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/72941/36/72941%20Abstracts%20Book.pdf application/pdf en http://irep.iium.edu.my/72941/2/ICLAS%202019%20dr%20azizahpowerpoint%20id22.pdf Mohd, Azizah (2019) Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’. In: 8th International Conference on Law and Society 2019 (ICLAS), 6th-7th April 2019, Istanbul, Turkey.
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Mohd, Azizah Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’
description	Talaq, in general, refers to the dissolution of a valid marriage through the pronouncement of divorce by the husband. In Islam, talaq is permissible, especially whenever harm is perceived if the marriage continues or the couple fears that they cannot observe the limitation ordained by Allah swt. In Malaysia, the pronouncement of talaq is regulated in the sense that a husband should pronounce talaq in court or otherwise he can be guilty of fine and imprisonment. Such a regulation to a certain extent controls the husband power and authority to pronounce talaq even though the husband’s pronouncement of talaq is still counted as effective if it took place outside court. The rapid growth of digitalization seems to open a flood gate for more pronouncement of divorce outside court. Various electronic means of social communication like Facebook, WhatsApp, email, Instagram, telegram, twitter, etc will become the medium of divorce communication between the husband and the wife. This paper wishes to examine the position of talaq outside Court under Islamic law and the law in Malaysia in this the digitalization era. The examination will include the effect of such pronouncement to iddah and ruju’ especially when the husband is not a knowledgeable person on the rules of Islamic law. Finally, the paper will provide recommendation where necessary especially to improve the law on the pronouncement of talaq in Malaysia where the talaq is uttered through electronic mediums.
format	Conference or Workshop Item
author	Mohd, Azizah
author_facet	Mohd, Azizah
author_sort	Mohd, Azizah
title	Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’
title_short	Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’
title_full	Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’
title_fullStr	Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’
title_full_unstemmed	Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’
title_sort	talaq outside court under islamic and malaysian law in the digitalization era: the impact on iddah and ruju’
publisher	On İki Levha Yayincilik A. Ş.
publishDate	2019
url	http://irep.iium.edu.my/72941/ http://irep.iium.edu.my/72941/36/72941%20Abstracts%20Book.pdf http://irep.iium.edu.my/72941/2/ICLAS%202019%20dr%20azizahpowerpoint%20id22.pdf
first_indexed	2023-09-18T21:43:26Z
last_indexed	2023-09-18T21:43:26Z
_version_	1777413292387467264

Talaq outside court under Islamic and Malaysian law in the digitalization era: the impact on iddah and ruju’

Similar Items