Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia

Marriage is a sacred institution the goal of which is to achieve mutual cooperation and happiness among the parties. As a religious covenant, marriage is to be contracted based on several essential requirements and conditions. Under Islamic law, the age factor is not listed as one of the requirement...

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Main Authors:	Mohd, Azizah, A. Kadir, Nadhilah
Format:	Article
Language:	English English English
Published:	International Institute of Islamic Thought and Civilization (ISTAC) 2019
Subjects:	KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/73069/ http://irep.iium.edu.my/73069/ http://irep.iium.edu.my/73069/14/73069_Minimum%20Age%20of%20Marriage%20under%20Islamic%20Law%20pdf.pdf http://irep.iium.edu.my/73069/20/73069_Minimum%20age%20of%20marriage%20under%20Islamic%20Law_scopus.pdf http://irep.iium.edu.my/73069/21/73069_Minimum%20age%20of%20marriage%20under%20Islamic%20Law_wos.pdf

id	iium-73069
recordtype	eprints
spelling	iium-730692020-03-06T01:10:28Z http://irep.iium.edu.my/73069/ Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia Mohd, Azizah A. Kadir, Nadhilah KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh Marriage is a sacred institution the goal of which is to achieve mutual cooperation and happiness among the parties. As a religious covenant, marriage is to be contracted based on several essential requirements and conditions. Under Islamic law, the age factor is not listed as one of the requirements for a valid marriage. This is based on the fact that neither the Quran nor the Sunnah that indicates a specific age of marriage that may affect marriage validity. This has led to an assumption that there is no specific age of marriage under Islamic law. Nevertheless, the Muslim jurists are in agreement that a person is recommended to marry at an age where he or she understands the nature of the marriage contract, so that the marriage goals can be achieved. The issue arises as to what is the minimum age of marriage where a person is able to comprehend such marriage relationship. This paper seeks to primarily examine the issue of minimum age of marriage in Malaysia and the most suitable age of marriage under Islamic law that governs Muslims in Malaysia. The examination extends to juristic discourse on that matter and the incorporation of the Hanafi view and its significance on the minimum age of marriage that is recognized by the law in Malaysia. The research adopts a qualitative research methodology which primarily includes an examination of the primary and secondary sources relating to the subject matter. The research provides suggestions for the improvement of the law on minimum age of marriage in Malaysia where relevant and necessary. International Institute of Islamic Thought and Civilization (ISTAC) 2019-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/73069/14/73069_Minimum%20Age%20of%20Marriage%20under%20Islamic%20Law%20pdf.pdf application/pdf en http://irep.iium.edu.my/73069/20/73069_Minimum%20age%20of%20marriage%20under%20Islamic%20Law_scopus.pdf application/pdf en http://irep.iium.edu.my/73069/21/73069_Minimum%20age%20of%20marriage%20under%20Islamic%20Law_wos.pdf Mohd, Azizah and A. Kadir, Nadhilah (2019) Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia. Al-Shajarah, 24 (2). pp. 239-266. ISSN 1394-6870 https://journals.iium.edu.my/shajarah/index.php/shaj/article/view/945/413
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh Mohd, Azizah A. Kadir, Nadhilah Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia
description	Marriage is a sacred institution the goal of which is to achieve mutual cooperation and happiness among the parties. As a religious covenant, marriage is to be contracted based on several essential requirements and conditions. Under Islamic law, the age factor is not listed as one of the requirements for a valid marriage. This is based on the fact that neither the Quran nor the Sunnah that indicates a specific age of marriage that may affect marriage validity. This has led to an assumption that there is no specific age of marriage under Islamic law. Nevertheless, the Muslim jurists are in agreement that a person is recommended to marry at an age where he or she understands the nature of the marriage contract, so that the marriage goals can be achieved. The issue arises as to what is the minimum age of marriage where a person is able to comprehend such marriage relationship. This paper seeks to primarily examine the issue of minimum age of marriage in Malaysia and the most suitable age of marriage under Islamic law that governs Muslims in Malaysia. The examination extends to juristic discourse on that matter and the incorporation of the Hanafi view and its significance on the minimum age of marriage that is recognized by the law in Malaysia. The research adopts a qualitative research methodology which primarily includes an examination of the primary and secondary sources relating to the subject matter. The research provides suggestions for the improvement of the law on minimum age of marriage in Malaysia where relevant and necessary.
format	Article
author	Mohd, Azizah A. Kadir, Nadhilah
author_facet	Mohd, Azizah A. Kadir, Nadhilah
author_sort	Mohd, Azizah
title	Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia
title_short	Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia
title_full	Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia
title_fullStr	Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia
title_full_unstemmed	Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia
title_sort	minimum age of marriage under islamic law and the islamic family law (federal territories) act 1984: a preliminary study on the ideal age of marriage in malaysia
publisher	International Institute of Islamic Thought and Civilization (ISTAC)
publishDate	2019
url	http://irep.iium.edu.my/73069/ http://irep.iium.edu.my/73069/ http://irep.iium.edu.my/73069/14/73069_Minimum%20Age%20of%20Marriage%20under%20Islamic%20Law%20pdf.pdf http://irep.iium.edu.my/73069/20/73069_Minimum%20age%20of%20marriage%20under%20Islamic%20Law_scopus.pdf http://irep.iium.edu.my/73069/21/73069_Minimum%20age%20of%20marriage%20under%20Islamic%20Law_wos.pdf
first_indexed	2023-09-18T21:43:36Z
last_indexed	2023-09-18T21:43:36Z
_version_	1777413303191994368

Minimum age of marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a preliminary study on the ideal age of marriage in Malaysia

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