Marital dissolution due to sexual disability in Selangor Shariah Court: a legal juristic study

• Main Authors: Che Harun, Nurul Hanan, Karim, Fatimah
• Format: Article
• Language: English
• Published: IIUM Press 2024
• Subjects: BPK Islamic law. Shari'ah. Fiqh
• Online Access: http://irep.iium.edu.my/113010/1/113010_Marital%20dissolution%20due%20to%20sexual%20disability.pdf; http://irep.iium.edu.my/113010/; https://journals.iium.edu.my/al-risalah/index.php/al-risalah/article/view/490

This research focusing on the marital dissolution due to sexual disability among married couples in Selangor. The purpose of this study is to highlight the juristic opinion regarding fasakh due to sexual disability which known as uyub in fiqh perspectives in terms of rulings, types of defects and implication of fasakh provided by jurists concerning to sexual disabilities. This research also discussing on fasakh claims from the legal point of view that has been adopted in the Shariah Court in Selangor with reference to the Islamic Family Law (State of Selangor) Enactment 53 2003 section 2 which states on the permission given to the wife to file the fasakh due to sexual disability afflicted by their partner. Plus, the authors also discussed on the proceeding stated by Selangor Shariah Court in hearing the cases including for fasakh application resulting from sexual disability. The authors gain the information through inductive method and descriptive methods which is gathering an information regarding fasakh from books, journal, article and so on and the researcher will elaborate more about marital dissolution through fasakh within Islamic family law of Selangor Clearly, the finding of the research shown that asking for fasakh due to sexual disability is permissible in Islam and in Islamic Law perspective. There is also implication in term of nafaqah and iddah resulted from fasakh. Despite that, the issue of sexual disability facing by spouses in Selangor that leads to marriage dissolution needs to be addressed and need to find the solution to prevent the marital dissolution from continuing to happen because marriage is not built for fasakh or divorce but for the harmony and peace of husband and wife. Hence, effective communication between husband and wife is crucial for addressing any sexual problems they encounter, whether through medical intervention or counseling, thereby fostering domestic harmony.