Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Addressing Unregistered Marriages in Malaysia: A Maqasid al-Shariah Approach to Legal Challenges and Women’s Protection

View through CrossRef
Unregistered marriages have emerged as a persistent socio-legal concern within the Muslim community in Malaysia, with significant implications for the rights and welfare of women and children. Women in such unions often face multiple challenges, including difficulties in claiming financial maintenance, child custody, division of matrimonial property, and post-divorce entitlements such as pensions. Moreover, children born from unregistered marriages frequently encounter obstacles in birth registration and obtaining legal identity documents, leading to downstream impacts on their access to education, healthcare, and inheritance rights. Anchored in the framework of Maqasid al-Shariah, this study analyses the root causes and consequences of unregistered marriages and proposes comprehensive legal and policy measures to address the issue. It emphasises the necessity of marriage validation through the Syariah Court, the re-registration of informal marriages, and stronger enforcement mechanisms to deter such practices. In addition, the study highlights the importance of premarital education and the proactive involvement of religious authorities in raising community awareness about the legal and moral repercussions of bypassing official marriage procedures. By situating the problem within the higher objectives of Islamic law, specifically preserving lineage (hifz al-nasl), protecting individual rights, and promoting social harmony, this article argues for an integrated approach that combines legal reforms, community engagement, and institutional accountability. It concludes that addressing unregistered marriages effectively requires the collaboration of couples, families, religious bodies, and legal institutions to uphold justice, protect women’s rights, and strengthen the integrity of the family institution in line with Maqasid al-Shariah.
Title: Addressing Unregistered Marriages in Malaysia: A Maqasid al-Shariah Approach to Legal Challenges and Women’s Protection
Description:
Unregistered marriages have emerged as a persistent socio-legal concern within the Muslim community in Malaysia, with significant implications for the rights and welfare of women and children.
Women in such unions often face multiple challenges, including difficulties in claiming financial maintenance, child custody, division of matrimonial property, and post-divorce entitlements such as pensions.
Moreover, children born from unregistered marriages frequently encounter obstacles in birth registration and obtaining legal identity documents, leading to downstream impacts on their access to education, healthcare, and inheritance rights.
Anchored in the framework of Maqasid al-Shariah, this study analyses the root causes and consequences of unregistered marriages and proposes comprehensive legal and policy measures to address the issue.
It emphasises the necessity of marriage validation through the Syariah Court, the re-registration of informal marriages, and stronger enforcement mechanisms to deter such practices.
In addition, the study highlights the importance of premarital education and the proactive involvement of religious authorities in raising community awareness about the legal and moral repercussions of bypassing official marriage procedures.
By situating the problem within the higher objectives of Islamic law, specifically preserving lineage (hifz al-nasl), protecting individual rights, and promoting social harmony, this article argues for an integrated approach that combines legal reforms, community engagement, and institutional accountability.
It concludes that addressing unregistered marriages effectively requires the collaboration of couples, families, religious bodies, and legal institutions to uphold justice, protect women’s rights, and strengthen the integrity of the family institution in line with Maqasid al-Shariah.

Related Results

Developing employee motivation index: McClelland and Maqasid Shariah
Developing employee motivation index: McClelland and Maqasid Shariah
Purpose Many scholars have primarily disregarded employee motivation in the context of Western and Islamic ideas. To better understand employee motivation, this paper aims to explo...
The concept of Maqasid al-Shariah and its evolving role in a dynamic landscape
The concept of Maqasid al-Shariah and its evolving role in a dynamic landscape
This article addresses the concept of Maqasid al-Shariah (the objectives of Islamic law) and its evolving role in responding to the challenges of a rapidly changing modern world ch...
Shariah Audit Practices in Malaysia: Moving Forward
Shariah Audit Practices in Malaysia: Moving Forward
The Shariah audit being a monitoring tool for ensuring Shariah compliance proved to be an important component in the operations of Islamic financial institutions (IFIs). In the cas...
SHARIAH’S POSITION IN AFGHAN 2004 CONSTITUTION: A LEGAL ANALYSIS
SHARIAH’S POSITION IN AFGHAN 2004 CONSTITUTION: A LEGAL ANALYSIS
The legal position of Shariah in the 2004 Afghan constitution has been considerably debated due to the full involvement of the international community in the constitution-making pr...
AKIBAT HUKUM PERNIKAHAN SIRI
AKIBAT HUKUM PERNIKAHAN SIRI
God created humans in pairs of their own kind to continue their offspring through legal marriage. In practice, marriages are not carried out in accordance with applicable regulatio...
Women in Australian Politics: Maintaining the Rage against the Political Machine
Women in Australian Politics: Maintaining the Rage against the Political Machine
Women in federal politics are under-represented today and always have been. At no time in the history of the federal parliament have women achieved equal representation with men. T...
Pregnant Prisoners in Shackles
Pregnant Prisoners in Shackles
Photo by niu niu on Unsplash ABSTRACT Shackling prisoners has been implemented as standard procedure when transporting prisoners in labor and during childbirth. This procedure ensu...
Editorial
Editorial
The call for this special issue was prompted by the International Conference on Women Empowerment deliberations. The conference, held on 10th December 2022 at International Islamic...

Back to Top