The practice of pronouncing ta'liq after the solemnisation of marriage in Selangor : analytical juristic study

Abstract

Under the Islamic Family Law, one of the methods of dissolution of marriage is known as ta’liq ṭalaq, where the husband pronounced a divorce based on certain conditions as prescribed in the marriage agreement form. Therefore, this research aims to analyse the practice of pronouncing ta’liq ṭalaq after the solemnisation of marriage, particularly in the State of Selangor. This is because the practice has become an official procedure in a marriage ceremony by the State Islamic Law. It is compulsory for the groom to pronounce the ta’liq after the solemnisation of marriage. The implementation of this practice in Malaysia, particularly in the State of Selangor, has been seen as a way out of a marriage by protecting the rights of the wife from being neglected by the husband in the marriage. This research is also analysing whether the practice of pronouncing the ta’liq ṭalaq after the solemnisation of marriage is consented by the newlyweds. Besides that, the condition of ta’liq ṭalaq in the prescribed form, as pronounced by the husband after the solemnisation of marriage is similar to the provision of fasakh. Therefore, the purpose of this research is also to evaluate and analyse the relevancy of this practice when there is already a provision of fasakh in placed as a dissolution method of marriage to protect the rights of the wife. A qualitative methodology by the way of interviews was selected as the research methodology to analyse the issue. In this methodology, two stages of data collection and data analysis are involved by way of content analysis of the relevant published materials and semi-structured interviews with the experts in the field. The interviews were conducted by interviewing solicitors who are practitioners of the Shari’ah Law. Based on these study and analysis, the findings will give an indication whether the provision of fasakh gives sufficient protection to the wife by providing several grounds for dissolution of marriage. In addition, the proof of ta’liq application is required to have double the burden of proof as compared to fasakh application. This research is concluded by suggesting some recommendations and solutions for the issues raised in the practice, which will eventually benefit the state religious authority, as well as the newlyweds.