The theory of compulsion (Ijbar) in marriage under Islamic Law: incorporation of the Hanafis view on compulsory consent in marriage under the Islamic Family Law (Federal Territories) Act 1984
Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage by compulsion. This paper seeks to examine the theory and concept of...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Atlantis Press
2020
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| Online Access: | http://irep.iium.edu.my/82847/ http://irep.iium.edu.my/82847/1/125936122The%20Theory%20of%20Ijbar%20Atlantis%20Press.pdf |
| _version_ | 1848789379628138496 |
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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 | Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she
does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage
by compulsion. This paper seeks to examine the theory and concept of compulsion in marriage or ijbar under
Islamic law. The discussion will include an analysis of views of Muslim scholars on the issue. The paper will also
investigate the practice of the Muslim communities in Malaysia nowadays as regards to marriage by compulsion
based on the theory of ijbar. The examination will be extended to the provisions of Islamic Family Law (Federal
Territories) Act 1984 on compulsory consent of a woman in her marriage that follows the view of the Hanafis. The
research will adopt qualitative research where most of the materials will be based in the library. Finally, the
research will provide the suggestion for improvement of the application of Islamic law in Malaysia especially on
the incorporation of the views of Sunni school other than Shafi'is, where relevant and necessary |
| first_indexed | 2025-11-14T17:55:47Z |
| format | Article |
| id | iium-82847 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T17:55:47Z |
| publishDate | 2020 |
| publisher | Atlantis Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-828472020-09-11T03:00:50Z http://irep.iium.edu.my/82847/ The theory of compulsion (Ijbar) in marriage under Islamic Law: incorporation of the Hanafis view on compulsory consent in marriage under the Islamic Family Law (Federal Territories) Act 1984 Mohd, Azizah A. Kadir, Nadhilah KBP1 Islamic law.Shariah.Fiqh Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage by compulsion. This paper seeks to examine the theory and concept of compulsion in marriage or ijbar under Islamic law. The discussion will include an analysis of views of Muslim scholars on the issue. The paper will also investigate the practice of the Muslim communities in Malaysia nowadays as regards to marriage by compulsion based on the theory of ijbar. The examination will be extended to the provisions of Islamic Family Law (Federal Territories) Act 1984 on compulsory consent of a woman in her marriage that follows the view of the Hanafis. The research will adopt qualitative research where most of the materials will be based in the library. Finally, the research will provide the suggestion for improvement of the application of Islamic law in Malaysia especially on the incorporation of the views of Sunni school other than Shafi'is, where relevant and necessary Atlantis Press 2020-03-13 Article PeerReviewed application/pdf en http://irep.iium.edu.my/82847/1/125936122The%20Theory%20of%20Ijbar%20Atlantis%20Press.pdf Mohd, Azizah and A. Kadir, Nadhilah (2020) The theory of compulsion (Ijbar) in marriage under Islamic Law: incorporation of the Hanafis view on compulsory consent in marriage under the Islamic Family Law (Federal Territories) Act 1984. Advances in Social Science, Education and Humanities Research, 413. pp. 51-55. ISSN 2352-5398 https://www.atlantis-press.com/proceedings/icolgis-19/125936122 https://doi.org/10.2991/assehr.k.200306.180 |
| spellingShingle | KBP1 Islamic law.Shariah.Fiqh Mohd, Azizah A. Kadir, Nadhilah The theory of compulsion (Ijbar) in marriage under Islamic Law: incorporation of the Hanafis view on compulsory consent in marriage under the Islamic Family Law (Federal Territories) Act 1984 |
| title | The theory of compulsion (Ijbar) in marriage under Islamic
Law: incorporation of the Hanafis view on compulsory
consent in marriage under the Islamic Family Law (Federal
Territories) Act 1984 |
| title_full | The theory of compulsion (Ijbar) in marriage under Islamic
Law: incorporation of the Hanafis view on compulsory
consent in marriage under the Islamic Family Law (Federal
Territories) Act 1984 |
| title_fullStr | The theory of compulsion (Ijbar) in marriage under Islamic
Law: incorporation of the Hanafis view on compulsory
consent in marriage under the Islamic Family Law (Federal
Territories) Act 1984 |
| title_full_unstemmed | The theory of compulsion (Ijbar) in marriage under Islamic
Law: incorporation of the Hanafis view on compulsory
consent in marriage under the Islamic Family Law (Federal
Territories) Act 1984 |
| title_short | The theory of compulsion (Ijbar) in marriage under Islamic
Law: incorporation of the Hanafis view on compulsory
consent in marriage under the Islamic Family Law (Federal
Territories) Act 1984 |
| title_sort | theory of compulsion (ijbar) in marriage under islamic
law: incorporation of the hanafis view on compulsory
consent in marriage under the islamic family law (federal
territories) act 1984 |
| topic | KBP1 Islamic law.Shariah.Fiqh |
| url | http://irep.iium.edu.my/82847/ http://irep.iium.edu.my/82847/ http://irep.iium.edu.my/82847/ http://irep.iium.edu.my/82847/1/125936122The%20Theory%20of%20Ijbar%20Atlantis%20Press.pdf |