Perkahwinan secara pindah wali melalui perantaraan ejen di Selatan Thailand

• Main Author: Dorloh, Ibrorheng
• Format: Thesis
• Language: English; English; English
• Published: 2018
• Subjects: BP174 The practice of Islam
• Online Access: https://etd.uum.edu.my/9244/1/s900040_01.pdf; https://etd.uum.edu.my/9244/2/s900040_02.pdf; https://etd.uum.edu.my/9244/3/s900040_references.docx; https://etd.uum.edu.my/9244/

Marriage is one of the inherent natures in human life and a union of two human beings that represents part of sanctity in Islam. Nonetheless, in pursuing the process of affirming their respective marriage, many Muslim couples have taken easy way out by disregarding the sharia principle and law. The aim of this study is to explore marital problems by comparing the process and procedure of marriages in Malaysia and Southern Thailand encompassing the five provinces of Narathiwat, Yala, Pattani, Songkla and Satun. It also examines the practice of marriage involving the transferring of guardian of the bride through the mediation of marriage agent. Therefore, this study specifically focuses on the legal document of guardian’s position, the process of guardian’s transfer, and the enforcement of procedure of marriage via agent. This study utilizes a qualitative study method for achieving the research objectives. Premier research data was collected through interview method involving 23 informants from religious authorities, Sharia courts and those involved in the policy and affairs of guardian transferred-based marriage. The collected interview data are analyzed using thematic approach and verified by referring to the views of religious experts and Islamic scholars. The findings of this study indicate that a guardian transferred-based marriage is valid if it is in compliance with the Sharia law. In terms of documentation, there are significant differences between Southern Thailand and Malaysia in the aspect of legal statute of document, as well as implementation and enforcement by the respective Islamic religious authorities. In Southern Thailand, the status of marriage via an agent is acknowledged to be lawful if the solemnization of marriage received the consent from general guardian. To enhance the position of administrative institutions of Islamic law and family, this study proposes the religious authority of Islamic Religious Council for Southern Thai region to design and implement systematic procedures, including administrative approach, enforcement, and legal documents relating to guardian transferred-based and agent’s mediated marriage.