An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984
Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in th...
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| Format: | Article |
| Language: | English English |
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IIUM Press
2019
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| Online Access: | http://irep.iium.edu.my/77872/ http://irep.iium.edu.my/77872/ http://irep.iium.edu.my/77872/ http://irep.iium.edu.my/77872/1/An%20Appraisalm%20of%20Application%20of%20Fiqh%20alHanafiIIUMLJ2019.pdf http://irep.iium.edu.my/77872/7/77872_AN%20APPRAISAL%20OF%20THE%20APPLICATION_wos.pdf |
| Summary: | Malaysia is a Muslim country consisting of thirteen States and Federal
Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the
official madhhab that is practised in Malaysia is Shafi’i Madhhab and this
becomes common to all Malaysians even though it is not officially
registered in the identification card of a Malaysian. Accordingly, in many
religious affairs and practices, the society is based upon the principles or
fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely
practiced by all Malaysians. Furthermore, the codification on Islamic law
in the State Enactments in all States in Malaysia is based upon four Sunni
schools of law. It follows that the Islamic law in Malaysia is not purely
based on the Shafi’i madhhab and in many occasions adopted the view of
Hanafi school depending on the adaptability of the opinion to the society.
This article deals with the application of fiqh al-Hanafi under the Islamic
Family Law (Federal Territories) Act 1984. Analysis will extend to the
practices in the Malaysian Syariah Court when dealing with cases
involving Muslims and the most appropriate view of the madhhab that is
to be adopted by the Syariah Court in order to solve a particular issue. The
study employs the qualitative method of study where it only involves
library research. It is believed that this research will be beneficial to all
who seek knowledge and useful to all researchers, academicians, legal
practitioners, students and scholars. |
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