e-ISSN 2231-8534
ISSN 0128-7702

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Regulating Polygamous Marriage to Prevent its Abuse: A Case Study of Malaysia

Rafeah, S., Hanifah, M. F. H., Zakiah, S., Fadhilah Adibah, I. and Nur Zahidah, H. J.

Pertanika Journal of Social Science and Humanities, Volume 25, Issue S, December 2017

Keywords: Abuse, Malaysia, Marriage, Muslims, polygamous

Published on: 1 May 2018

Regulating polygamous marriage is essential to preserve the sanctity of the marriage institution. As marriage in Islam is a religious contract, restricting polygamous marriage is vital to ensure marriages serve their holy purposes. In Malaysia, several provisions are incorporated in the Islamic Family Law Act /Enactment to control the practice of polygamous marriage. Yet, cases of abuse do occur in such marriages affecting the stability of the family. This paper therefore, aims to analyse the weaknesses of the mechanisms governing polygamous marriage from a legal and administrative perspective. Recommendations are made to formulate better laws and procedures to minimise such abuses. A combination of library research and semi structured interviews are employed in this study as both methods highlight important weaknesses in the current legal and administrative mechanisms. The findings of this research reveal important flaws in the present governance of polygamous marriage that have led to abuses. These findings can be an eye opener for the relevant authorities in identifying causes of abuse in polygamous marriages. Therefore, current laws must be reformed to ensure abuses do not occur in such marriages.

ISSN 0128-7702

e-ISSN 2231-8534

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