A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.]

This research focuses on two main issues in Federal Territories namely the procedure which requires consent of the existing wife in polygamous marriage and the other one is concerning conditions in section 23(4) and how the courts interpret each condition. The wording of this section shows that the...

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Main Authors: Hassan, Hazwanis, Maarof, Ida Maslinda, Mohd Nazari, Farahah
Format: Student Project
Language:English
Published: 2007
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/32836/
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author Hassan, Hazwanis
Maarof, Ida Maslinda
Mohd Nazari, Farahah
author_facet Hassan, Hazwanis
Maarof, Ida Maslinda
Mohd Nazari, Farahah
author_sort Hassan, Hazwanis
building UiTM Institutional Repository
collection Online Access
description This research focuses on two main issues in Federal Territories namely the procedure which requires consent of the existing wife in polygamous marriage and the other one is concerning conditions in section 23(4) and how the courts interpret each condition. The wording of this section shows that the consent of the existing wife is not mandatory because the section does not say that the husband must get the consent from the existing wife; instead he only needs to state whether he has obtained the consent or views or not. A big question arises as to why the consent of the existing wife is not required in the polygamy procedures. Thus, this research is conducted in order to study the necessity of the procedure which requires consent of the existing wife in an application for polygamy. The opinions from those who have the experience in handling polygamy cases are sought and decided cases that are relevant for the topic have also been included in this research. Other than the issue of consent, there is also detail discussions on how the courts determine whether the husband fulfills all the conditions stated in Section 23(4)(a) until (d). This issue is chosen because there is still no detail information as to how the courts interpret each condition in Section 23(4). For instance there is no suffice information what does the words "just and necessary" mean. So, this research is basically a study on the procedures and conditions of polygamy applications
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format Student Project
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institution Universiti Teknologi MARA
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language English
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publishDate 2007
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spelling uitm-328362022-07-05T06:44:38Z https://ir.uitm.edu.my/id/eprint/32836/ A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.] Hassan, Hazwanis Maarof, Ida Maslinda Mohd Nazari, Farahah KB Religious law in general. Comparative religious law. Jurisprudence KBP Islamic law. Sharī'ah. Fiqh Marriage (Islamic law). Nikāḥ. Zawāj. نكاح. زواج This research focuses on two main issues in Federal Territories namely the procedure which requires consent of the existing wife in polygamous marriage and the other one is concerning conditions in section 23(4) and how the courts interpret each condition. The wording of this section shows that the consent of the existing wife is not mandatory because the section does not say that the husband must get the consent from the existing wife; instead he only needs to state whether he has obtained the consent or views or not. A big question arises as to why the consent of the existing wife is not required in the polygamy procedures. Thus, this research is conducted in order to study the necessity of the procedure which requires consent of the existing wife in an application for polygamy. The opinions from those who have the experience in handling polygamy cases are sought and decided cases that are relevant for the topic have also been included in this research. Other than the issue of consent, there is also detail discussions on how the courts determine whether the husband fulfills all the conditions stated in Section 23(4)(a) until (d). This issue is chosen because there is still no detail information as to how the courts interpret each condition in Section 23(4). For instance there is no suffice information what does the words "just and necessary" mean. So, this research is basically a study on the procedures and conditions of polygamy applications 2007 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/32836/1/32836.pdf Hassan, Hazwanis and Maarof, Ida Maslinda and Mohd Nazari, Farahah (2007) A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.]. (2007) [Student Project] (Unpublished)
spellingShingle KB Religious law in general. Comparative religious law. Jurisprudence
KBP Islamic law. Sharī'ah. Fiqh
Marriage (Islamic law). Nikāḥ. Zawāj. نكاح. زواج
Hassan, Hazwanis
Maarof, Ida Maslinda
Mohd Nazari, Farahah
A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.]
title A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.]
title_full A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.]
title_fullStr A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.]
title_full_unstemmed A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.]
title_short A study on the procedures and conditions of polygamy application in federal territories / Hazwanis Hassan...[et al.]
title_sort study on the procedures and conditions of polygamy application in federal territories / hazwanis hassan...[et al.]
topic KB Religious law in general. Comparative religious law. Jurisprudence
KBP Islamic law. Sharī'ah. Fiqh
Marriage (Islamic law). Nikāḥ. Zawāj. نكاح. زواج
url https://ir.uitm.edu.my/id/eprint/32836/