Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370
March 8th has marked a catastrophe in Malaysians’ calendar as the Malaysia Airlines Flight 370 (MH370) which was a scheduled international passenger flight disappeared while flying from Kuala Lumpur International Airport to Beijing Capital International Airport. The aircraft was carrying 12 Mala...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Academy of Islamic Studies, University of Malaya
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/47713/ http://irep.iium.edu.my/47713/ http://irep.iium.edu.my/47713/1/6._Missing_Husband_Muslim_Womens_Right.pdf |
| Summary: | March 8th has marked a catastrophe in Malaysians’ calendar
as the Malaysia Airlines Flight 370 (MH370) which was a
scheduled international passenger flight disappeared while flying
from Kuala Lumpur International Airport to Beijing Capital
International Airport. The aircraft was carrying 12 Malaysian
crew members and 227 passengers from 15 nations. Months have
passed, still there is no news nor debris of the unfortunate aircraft
found. This incident is one of the many more incidents involving
disappeared persons; some have been disappeared for months,
while others for years. Narrowing the scope of the discussion,
certainly a wife whose husband has been missing for a long time
is deprived of her protection, companionship, pleasure of life and
financial support. In view of this, the article aims at analyzing the
juristic legal opinions specifically in the case of missing husbands
1 Lecturer, Centre of Shariah Studies, Faculty of Islamic Contemporary Studies,
Universiti Sultan Zainal Abidin, Kuala Terengganu, tg_fatimah@unisza.edu.my 2 Associate Professor, Department of Islamic Law, Ahmad Ibrahim Kulliyyah of
Laws, International Islamic University Malaysia, Kuala Lumpur, azizahmohd@
iium.edu.my
Jurnal Syariah, Jil. 23, Bil. 3 (2015) 495-516
496
amongst Muslim women. In relation to that, it will then discuss
on their right to apply for divorce under the Islamic family law in
Malaysia. Classical jurists writings and statutory provisions are
gathered and analyzed during the research. The findings indicate
that there has been dissenting views among one madhhab (sect)
to another on the legal implication of a missing person. Where
Malaysia law is concerned, the provision has adopted a more
convenient view amongst the jurists which allows a dissolution of
marriage under certain specified conditions. |
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