An analysis of the current legal mechanism in curbing abuse of polygamy in Malaysia : a socio legal perspective

Abstract

The objective of this thesis is to analyse the relationship between the law and the practical implementation by the Shari`ah courts in relation to polygamy in Malaysia. This study examines the current legal mechanism in curbing abuse of polygamy in Malaysia. In this respect, this study details many cases where Muslim husbands did not follow the law when contracting a polygamous union. In order to analyse the current legal mechanism in curbing abuse of polygamy in Malaysia, this study has employed a content analysis technique. This technique provides insight on how the provisions in relation to polygamy have been implemented by the Shari`ah courts. A total of 974 polygamy application files and 433 files on offences for polygamy without the consent from the court from thirteen (13) selected Shari`ah courts were analysed. All the information within these two sample files proved very revealing because it provided valuable information as to how the law was being implemented. Two types of structured survey forms have been used in order to make optimum analysis of this valuable information. Data from both types of court files were analysed in the form of percentages by way of frequency table and cross-tabulation. This study shows that the provisions in relation to polygamy and its implementation are inadequate in curbing abuse in polygamy. Besides that, this study also identifies measures in terms of positive efforts in legal reform to improve the current situation. The results of this study show the importance of the court’s role in determining who may practice polygamy, while at the same time, the court needs to become more active in preventing abuse in polygamous marriages