Implementation Issues with the 1974 Marriage Law and the 1991 Compilation of Islamic Laws

Abd. Muhaimin, Abdul Wahab
Journal article Ahkam Journal of Sharia • July 2012

Abstract

: Implementation Issues with the 1974 Marriage Law and the 1991 Compilation of Islamic Laws. Whether we appreciate it or not, the 1974 Marriage Law and the 1991 Compilation of Islamic Laws (KHI) pertaining to marriage do take into account shariah (Islamic law) into some extent. This is because both bodies of laws say that marriage disputes throughout the country are to be resolved by Religious Court judges. Since shariah and fiqh act as a guide for these judges in such disputes, both can be said to be in effect within the framework of national law. However there are still have shortcomings when it comes to implementating both. In order to overcome these, there is a vital need to adopt a supplementary law, such as the Religious Judicature Material Act, which will soon be deliberated in parliament.

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Journal

Ahkam Journal of Sharia

Ahkam: Jurnal Ilmu Syariah (Ahkam Journal of Sharia) is a peer-reviewed journal that publishes or... see more