Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective

The bulk of Shariah Court cases nowadays involve matters pertaining to the dissolution of marriage. The most common ones are talaq, ta'liq and fasakh. The reason as to why the Shariah Courts are crammed with these cases is not merely due to the increasing number of divorce cases but can al...

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Main Authors: Ramlee, Zulfakar, Abd Malek, Normi
Format: Article
Language:English
Published: International Islamic University Malaysia 2008
Subjects:
Online Access:http://irep.iium.edu.my/27005/1/article_1.pdf
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author Ramlee, Zulfakar
Abd Malek, Normi
author_facet Ramlee, Zulfakar
Abd Malek, Normi
author_sort Ramlee, Zulfakar
collection IIUM
description The bulk of Shariah Court cases nowadays involve matters pertaining to the dissolution of marriage. The most common ones are talaq, ta'liq and fasakh. The reason as to why the Shariah Courts are crammed with these cases is not merely due to the increasing number of divorce cases but can also be attributed to the difficulty in proving them. Today, as lifestyles become more complicated, talaq is no longer the same as talaq, previously understood. The husband no longer pronounces it openly or orally. Current technology such as SMS and email has overshadowed the sanctity of talaq. The situation becomes worse when the sender, that is the husband, denies it.
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spelling oai:generic.eprints.org:270052024-12-17T05:51:25Z http://irep.iium.edu.my/27005/ Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective Ramlee, Zulfakar Abd Malek, Normi KBP Islamic Law The bulk of Shariah Court cases nowadays involve matters pertaining to the dissolution of marriage. The most common ones are talaq, ta'liq and fasakh. The reason as to why the Shariah Courts are crammed with these cases is not merely due to the increasing number of divorce cases but can also be attributed to the difficulty in proving them. Today, as lifestyles become more complicated, talaq is no longer the same as talaq, previously understood. The husband no longer pronounces it openly or orally. Current technology such as SMS and email has overshadowed the sanctity of talaq. The situation becomes worse when the sender, that is the husband, denies it. International Islamic University Malaysia 2008 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27005/1/article_1.pdf Ramlee, Zulfakar and Abd Malek, Normi (2008) Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective. IIUM Law Journal, 16 (2). pp. 223-240. ISSN 0128-2530 http://rms.research.iium.edu.my/bookstore/Products/437-wwwgooglecom.aspx
spellingShingle KBP Islamic Law
Ramlee, Zulfakar
Abd Malek, Normi
Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective
title Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective
title_full Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective
title_fullStr Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective
title_full_unstemmed Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective
title_short Methods of proof and evidentiary requirements in divorce cases: an Islamic perspective
title_sort methods of proof and evidentiary requirements in divorce cases an islamic perspective
topic KBP Islamic Law
url http://irep.iium.edu.my/27005/1/article_1.pdf
work_keys_str_mv AT ramleezulfakar methodsofproofandevidentiaryrequirementsindivorcecasesanislamicperspective
AT abdmaleknormi methodsofproofandevidentiaryrequirementsindivorcecasesanislamicperspective