Codification of Islamic Family Law in Malaysia

Year 2022, Volume: 2 Issue: 2, 100 - 119, 16.11.2022

Selman Zahid Özdemir , Miszairi Bin Sitiris Mohamad Sabri B Zakarıa

Abstract

ABSTRACT
Malaysia is a multi-ethnic, multi-legal, and multilingual country. Malaysia's history has gone through some critical periods as it has been on a trade route from pre-Islamic to the present. Although there are multiple opinions on reaching the religion of Islām to Malaysia, Islam reached peacefully through trade relations with the Arab and Indian-Muslim traders and by dint of Sufis around the 13th century on the Strait of Malacca, then widespread across the Malay Peninsula from the 14th century. Malacca Sultanate, which ruled between 1400-1511, played an essential role in the development and spread of Islām in the Malay Peninsula. Therefore, Islam has affected various cultural and traditional aspects of the people of the Malay peninsula.
Moreover, Islamic Law principles have started to manage the legal affairs of society, including family relations. However, this process was interrupted by the western colonialists, first the Dutch and then the British. During the colonialist period, the Malaysian legal system was administered mainly by the colonialists while its demographic structure deteriorated simultaneously. Nonetheless, the strong adherence of the Malay Muslims to their religion and tradition helped them pursue their own way and develop Islamic family law during and after British colonialism. Consequently, Malaysia, which entered the Dutch and British colonies, adopted a mixed law, which also impacted Islamic law. Especially family law has a special place in this society. Malaysia has two family law systems, one for Muslims and the other for non-Muslims. The Law governing non-Muslims is applied in the civil courts. In contrast, that governing Muslims (Islamic Sharīʿah Law) are involved in the religious courts (the Sharīʿah courts), and Muslims appeal to Sharīʿah courts in family law matters. Today, the importance of family law and the need for it are evident in issues concerning family law, such as marriage, divorce, and the age of marriage.

Keywords

Codification, Islamic Family Law, Sharī‘ah, Malaysia

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