Pandangan peguam syarie tentang pemeliharaan hak wanita dalam pembubaran perkahwinan melalui fasakh di Negeri Selangor

Abstract

Women’s right in Malaysia has been widely empowered and it resulted a significant success. It comes with an increasing number of divorce cases that need serious attention in order to assure women’s right, especially the divorce through fasakh. This research endeavours to study the views of syarie prosecutor on the concept of dissolution of marriage through fasakh from Islamic jurisprudence perspective, the concept of dissolution of marriage through fasakh from Islamic Family Law (State Of Selangor) Enactment 2003 perspective, and the right of women in dissolution of marriage through fasakh in the Islamic Family Law (State Of Selangor) Enactment 2003. This research employed a qualitative research methodology by utilising case study research design. The data collection was carried out by using document analysis and interview. Seven respondents among the syarie prosecutor were purposely selected to be interviewed using semi-structured interviews. Data gathered were then analysed by using content analysis for document analysis and data coding from interview was analysed using NVivo software version 11. Findings discovered that there are eleven factors for dissolution of marriage through fasakh according to the Islamic jurisprudence, and there were 28 factors that influence the submission of fasakh cases to syariah court. Meanwhile, this research concludes that women's right after dissolution of marriage through fasakh covers ten aspects in the Islamic Family Law (State Of Selangor) Enactment 2003. Based on the findings, this research proposes a guideline in facilitating the implementation of dissolution of marriage through fasakh to the Islamic family law in Malaysia.