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...

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Main Authors:	Tengku Muda, Tengku Fatimah Muliana, Mohd, Azizah
Format:	Article
Language:	English
Published:	Academy of Islamic Studies, University of Malaya 2015
Subjects:	KBP1 Islamic law.Shariah.Fiqh
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

id	iium-47713
recordtype	eprints
spelling	iium-477132016-06-05T02:04:53Z http://irep.iium.edu.my/47713/ Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370 Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah KBP1 Islamic law.Shariah.Fiqh 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. Academy of Islamic Studies, University of Malaya 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/47713/1/6._Missing_Husband_Muslim_Womens_Right.pdf Tengku Muda, Tengku Fatimah Muliana and Mohd, Azizah (2015) Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370. Jurnal Syariah, 23 (3). pp. 495-516. ISSN 0128-6730 http://e-journal.um.edu.my/publish/JS/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370
description	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.
format	Article
author	Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah
author_facet	Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah
author_sort	Tengku Muda, Tengku Fatimah Muliana
title	Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370
title_short	Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370
title_full	Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370
title_fullStr	Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370
title_full_unstemmed	Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370
title_sort	muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of mh 370
publisher	Academy of Islamic Studies, University of Malaya
publishDate	2015
url	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
first_indexed	2023-09-18T21:07:51Z
last_indexed	2023-09-18T21:07:51Z
_version_	1777411054085603328

Muslim women's right to marriage dissolution in the case of missing husband: a juristic analysis on missing passengers of MH 370

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