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

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.]. [Student Project] (Unpublished)

Abstract

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

Metadata

Item Type: Student Project
Creators:
Creators
Email / ID Num.
Hassan, Hazwanis
2005600748
Maarof, Ida Maslinda
2005600636
Mohd Nazari, Farahah
2005601108
Contributors:
Contribution
Name
Email / ID Num.
Thesis advisor
Abdullah, Rozlinda
UNSPECIFIED
Subjects: K Law > KB Religious law in general. Comparative religious law. Jurisprudence
K Law > KBP Islamic law. Sharī'ah. Fiqh
K Law > KBP Islamic law. Sharī'ah. Fiqh > Domestic relations (Islamic law). Family law > Marriage (Islamic law). Nikāḥ. Zawāj. نكاح. زواج
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Bachelor in Legal Studies
Keywords: polygamy, section 23(4)
Date: 2007
URI: https://ir.uitm.edu.my/id/eprint/32836
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