The rate of divorce among Muslim couples in Malaysia: a legal analysis of the causes and consequences

• Main Authors: Suleiman, Hassan, Mohamad Farid, Nurul Afifah
• Format: Article
• Language: English
• Published: IIUM Press 2023
• Subjects: HQ1101 Women. Feminism; HQ2035 Life skills. Coping skills. Everyday living skills; BPK Islamic law. Shari'ah. Fiqh; BPK109 Sources of Islamic law; BPK36 Islamic law (General); BPK78 Usul al-fiqh; HQ The family. Marriage. Woman; HQ1088 Men; HQ503 The family. Marriage. Home; K670 Family Law; KBP Islamic Law; KBP1 Islamic law.Shariah.Fiqh; KBP1572 Courts and procedure; KBP469 Influence of other legal systems on Islamic law; KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.; KBP524 Aḥwāl shakhṣīyah; KPG Malaysia; KZ Law of Nations
• Online Access: http://irep.iium.edu.my/105368/7/105368_The%20rate%20of%20divorce%20among%20Muslim.pdf; http://irep.iium.edu.my/105368/; https://journals.iium.edu.my/irkh/index.php/ijrcs/issue/view/20

Cases of ṭalāq, or divorce, among Muslim couples in Malaysia have increased significantly in recent years. At least 200,000 Muslim spouses have gotten divorced between 2017 and 2021, raising concerns about the Islamic family institution in the country. This paper aims to identify the causes of ṭalāq among Muslim couples in Malaysia as well as the consequences of marriage dissolution for the family. The paper adopted the qualitative method to study the issue. The methodology included the content analysis of published materials and primary textual references from the Qur’ān and Sunnah that are related to this topic. The study found that psychological issues, social growth, schooling and future relationships could all be impacted by ṭalāq on children. The parents will experience identity issues, changes in their way of life and changes in their financial situation. Based on the interpretation of Qur’ānic text related to ṭalāq, many Islamic scholars and jurists agree that the parents or relatives should be responsible for a divorced woman’s identity in the same way as her former husband. Thus, alimony for divorced women given from her relatives is indeed compulsory. In conclusion, the findings demonstrate that the marriages of Muslim couples in Malaysia are significantly impacted by the typical causes of divorce.