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

Marriage is a sacred institution which goal 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, age factor is not listed as one of marriage requirement. Ther...

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Main Authors: Mohd, Azizah, A. Kadir, Nadhilah
Format: Proceeding Paper
Language:English
English
Published: 2018
Subjects:
Online Access:http://irep.iium.edu.my/66421/
http://irep.iium.edu.my/66421/9/66421_Minimum%20Age%20of%20Marriage%20-%20tentative.pdf
http://irep.iium.edu.my/66421/15/Minimum%20Age%20of%20Marriage%20under%20Islamic%20Law%20edit.pdf
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author Mohd, Azizah
A. Kadir, Nadhilah
author_facet Mohd, Azizah
A. Kadir, Nadhilah
author_sort Mohd, Azizah
building IIUM Repository
collection Online Access
description Marriage is a sacred institution which goal 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, age factor is not listed as one of marriage requirement. There is no text of the Quran or the Sunnah that indicate certain specific age of marriage that may affect marriage validity. This lead to an understanding 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 the age where he or she understands the nature of the marriage contract, so that the marriage goal 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. Examination extends to juristic discourse on that matter and the incorporation of the Hanafis view and its significance in the minimum age of marriage that is recognized by the law in Malaysia. The research adopts qualitative research methodology where many of the materials will be based in the library. The research will provide suggestion for improvement of the law on minimum age of marriage in Malaysia where relevant and necessary.
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format Proceeding Paper
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institution International Islamic University Malaysia
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language English
English
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publishDate 2018
recordtype eprints
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spelling iium-664212018-10-24T05:33:03Z http://irep.iium.edu.my/66421/ Minimum age of marriage under Islamic law and the Islamic family law (Federal Territories) Act 1984: a preliminary study on an ideal age of marriage in Malaysia Mohd, Azizah A. Kadir, Nadhilah HQ The family. Marriage. Woman KBP1 Islamic law.Shariah.Fiqh KBP524 Aḥwāl shakhṣīyah Marriage is a sacred institution which goal 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, age factor is not listed as one of marriage requirement. There is no text of the Quran or the Sunnah that indicate certain specific age of marriage that may affect marriage validity. This lead to an understanding 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 the age where he or she understands the nature of the marriage contract, so that the marriage goal 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. Examination extends to juristic discourse on that matter and the incorporation of the Hanafis view and its significance in the minimum age of marriage that is recognized by the law in Malaysia. The research adopts qualitative research methodology where many of the materials will be based in the library. The research will provide suggestion for improvement of the law on minimum age of marriage in Malaysia where relevant and necessary. 2018-04-11 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/66421/9/66421_Minimum%20Age%20of%20Marriage%20-%20tentative.pdf application/pdf en http://irep.iium.edu.my/66421/15/Minimum%20Age%20of%20Marriage%20under%20Islamic%20Law%20edit.pdf Mohd, Azizah and A. Kadir, Nadhilah (2018) Minimum age of marriage under Islamic law and the Islamic family law (Federal Territories) Act 1984: a preliminary study on an ideal age of marriage in Malaysia. In: International Conference on Law and Society 6 (ICLAS 6), 4th-7th April 2017, Yogyakarta, Indonesia. (Unpublished) https://iclas2018.org/
spellingShingle HQ The family. Marriage. Woman
KBP1 Islamic law.Shariah.Fiqh
KBP524 Aḥwāl shakhṣīyah
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 an ideal age of marriage in Malaysia
title Minimum age of marriage under Islamic law and the Islamic family law (Federal Territories) Act 1984: a preliminary study on an 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 an 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 an 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 an 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 an 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 an ideal age of marriage in malaysia
topic HQ The family. Marriage. Woman
KBP1 Islamic law.Shariah.Fiqh
KBP524 Aḥwāl shakhṣīyah
url http://irep.iium.edu.my/66421/
http://irep.iium.edu.my/66421/
http://irep.iium.edu.my/66421/9/66421_Minimum%20Age%20of%20Marriage%20-%20tentative.pdf
http://irep.iium.edu.my/66421/15/Minimum%20Age%20of%20Marriage%20under%20Islamic%20Law%20edit.pdf