Stemming the tide : a critique of the reform of polygamy laws in Malaysia

Abstract

The coming of western civilization to the Muslim lands and the encroachment of its social and cultural standards had a profound impact on the Sharī‘ah. Law reform spread like wildfire throughout the Islamic heartland with many countries imposing judicial controls on the practice of polygamy. This represented a radical departure from the traditional consensus of both Sunni and ShÊÑī schools of law on the unfettered right of the man to have up to four wives at any one time subject to certain conditions. Malaysia’s wave of reform in the 1980s also resulted in significant restrictions in this field, taking away the unilateral prerogative of a married man to contract another marriage and imposing stringent restrictions. These reforms are controversial and problematic based as they are on non-traditional legal doctrine. Further complications arise from the involvement of reformist groups that are intent on greater legal change. It appears that the law has not achieved its intention and has created other problems instead, however, those associated with polygamy are no less valid and demand effective solutions. The complexity of these challenges requires in-depth studies and credible statistics to foster a better understanding of this marital institution and to formulate successful solutions that include comprehensive education, extensive counseling and an effective marital dispute resolution system.