ظاهرة الطلاق المبكر في ماليزيا: دراسة فقهية = Early divorce issue in Malaysia: a juristic study

• Main Author: Suleiman, Hassan
• Format: Conference or Workshop Item
• Language: Arabic
• Published: Kolej Universiti Islam Perlis 2020
• Subjects: K670 Family Law
• Online Access: http://irep.iium.edu.my/85903/6/85903_%D8%B8%D8%A7%D9%87%D8%B1%D8%A9%20%D8%A7%D9%84%D8%B7%D9%84%D8%A7%D9%82%20%D8%A7%D9%84%D9%85%D8%A8%D9%83%D8%B1%20%D9%81%D9%8A%20%D9%85%D8%A7%D9%84%D9%8A%D8%B2%D9%8A%D8%A7.pdf; http://irep.iium.edu.my/85903/
• Institution: Universiti Islam Antarabangsa Malaysia

This paper aims to discuss the major reasons which have led to early divorce among Malaysian community, and attempt to come out with solutions to the issue to guarantee the continuity of Muslim family life in harmony, peace and happiness. Similarly, this study aims to highlight the wisdoms and the objectives of Shari’ah (Maqasid Shari’ah) in the permissibility of divorce in Islam. In order to fulfil the objectives, the study adopts descriptive analytical methodology by which it expounds and makes clear of the most important reasons contributing to early divorce according to the Malaysian statistical report while simultaneously analyzes the study material related to the subject-matter. The researcher has no opportunity to conduct an interview with neither the divorcees nor legal judges to collect specific information concerning the subject-matter due to the technical limitation of the research paper, and adhering to the main objective of the study which serves to expound on the major reasons of early divorce issue and proposing several solutions to counter it. The outcomes of this study shows that there are numerous reasons for the issue of early divorce, such as poor choice by both parties and continuous intervention by either the husband’s or the wife’s families in their personal affairs. Similarly, the outcome of the study show that there are some solutions and suggestions which would help to treat the issue. Among the proposed solutions are; adherence to Islamic way of choosing a life-partner, and the crucial need for the establishment of institutions or bodies which concern is on matters pertaining to marital guidance before or while deciding to marry.