Noorul Huda Sahari

Welfare Survival Index of Working Spouse: Income Sharing Dimension

Working wives’ phenomenon has become a norm in Muslim families in Malaysia where wives work to assist their husbands financially. It is purportedly aimed to ease the financial burden of the family. However, working wife may affect the family in managing the household chores, educating the children and taking care of them. The children might be somewhat neglected while the household chores might be out of control. In fact, there were also cases where financially independent working wives resulted in the husband being negligent in spending for the family needs, causing the wives to take care of almost all of the expenses of the household. This has led to many cases of marital problem. Hence, this study aims to examine the existing literatures on the welfare survival index of families where both husband and wife are working. There are several dimensions of survival index such as the income and spending aspects of working spouses, time spent with family, conflicts encountered, health of family members and balance of savings at month end. This study only focused on the income and spending aspects of working spouses. The study adopts qualitative method through library research. Finding of the study implied that sharing of income by the wives would contribute to the sutainability and happiness of a marriage. This study is expected to add to the new frontier of knowledge in understanding the importance of income sharing between working husband and wife including the challenges they might encounter.

Educational Right for Underage Spouse from Shariah Perspective

The study focuses on the issue of neglecting the educational rights of underage spouses in Malaysia. It is pertinent due to the increased number of underage marriage reported recently throughout Malaysia. Thus, the study aims to examine the law relating to educational rights for underage spouses as well as to study the educational impact of underage marriage. In conjunction with that, a qualitative method is adopted by referring to the principles stipulates in al Quran and as-Sunnah. Reference to the Universal Declaration of Human Rights (UDHR), Federal Constitution, National Education Policy, Malaysian Education Blueprint, Child Act 2001 and Education Act 1966, referred journal and articles are also to be made. Besides, this study also employed a semi-structured interview conducted at Unit of Divorce, Marriage, and Consult, Department of Family Law at Islamic Religious Official Selangor. The structured interview also to be conducted with the registrar of Shariah Lower Court, Selangor. The finding indicates that respondents do not pursue their studies and fail to get adequate basic education as stipulated in the Education Act and Human Right Act. Therefore, further research on the human rights for education in Malaysia needs to be carried out more intensively. It is hoped that this article will shed some lights on the rights of child spouse especially in education prior and after marriage in Malaysia.

Formulating Shariah Compliant Ethical Code for Tourists in Malaysia

Halal tourism industry in Malaysia is known across the world especially among Muslim countries. In fact, there are various efforts and facilities being provided by the Malaysian government to attract foreign tourists from all over the world and together to expose them with the Malaysian customs, cultures, as well as social life. Thus, the industry has been tremendously grown and currently, Malaysia has become a popular destination for international tourists especially from Southeast Asia and Middle East. However, recently, tourism industry has faced many challenges from the hoteliers, tourists, as well as local communities such as misbehavior, unethical dressing, drug smuggling, illegal prostitutions, crimes, and the like. Thus, this study aims to formulate a specific and legal ethical code based on Shariah principles in monitoring tourists and harmonizing the tourism industry with Malaysian culture in respect of tourists’ activities, dressing attitude, behavior, and action. This paper adopts qualitative method where analysis is conducted on several variables such as activities, dressing, attitude, and action. The finding discovered that an Islamic ethic in the form of interaction, dressing, social activities, and attitude should be observed and respected by tourists in line with Malaysian culture and Shariah values. The result of this study can impart knowledge and information to all parties concerned, thus providing the government, industrial tourism, and the authoritative body involved toward implementing an ethical and Shariah compliant tourism in future.

Shariah Compliance in Fair Distribution of Matrimonial Asset

The divorced spouse often face obstacle in distribution of matrimonial asset especially in determining a fair portion of share of the asset. The problems in managing the dispute of dividing the asset caused delay and prolonged litigation process. Thus, to safeguard the interest of the parties in the marriage, Malaysian family law for Muslim regulates the right for the divorced wife to apply for division of matrimonial assets where it regulates criteria in division of the assets. Thus, the study is undertaken to investigate the effective law in dividing the assets through court practices. For that purpose, a case study was designed by using a qualitative method where analysis was conducted on a careful selected sampling of 215 unreported cases within the time frame of 2000–2012 collected from six zones representing Shariah Courts in Malaysia where analysis is made based on several variables such as mode of division, scope of matrimonial asset, elements of consideration, and proportion of share. Based on that sampling, it has been discovered that contribution remains as a sole criteria used by the court to ascertain the proportion of share to parties. Thus, this study suggests that the court should use more generalized considerations in determining the proportion when dealing with the division of matrimonial assets after divorce to prevent a costly and lengthy litigation process and to ensure fair distribution is conducted by the court. There is a need for a reform of provision to consider other factors too other than contribution as sole determinant in division.

Managing Disputes in the Division of Matrimonial Property Involving Polygamous Marriage in the Malaysian Shariah Courts

Polygamous marriage is often associated with unfairness and discrimination against women especially on the issue of financial and property rights when the parties fail to manage their relationship harmoniously. Malaysian family law for Muslim regulates, among others, the right for the existing wife to apply for a division of matrimonial assets during marriage which is normally claimable after divorce or death of a spouse. This provision aims to protect the interest of the existing wife and children. Thus, the study is undertaken to examine the effectiveness of the law in dividing the assets through court practices. For that purpose, the study used a qualitative method which adopts both library and fieldwork research. A convenient sampling of 33 unreported cases within the time frame of 2000–2012 collected from six zones representing the Syariah Courts in Malaysia was studied and analysed. The analysis is conducted based on several variables such as types of matrimonial property, factors for consideration and proportion of distribution of the assets. Based on that sampling, it has been discovered that the majority of cases involving claims of matrimonial property in a polygamous relationship are practically settled by way of sulh (amicable settlement). The parties are in fact more generous when dealing with the interest of children to the level that the husband is willing to transfer the whole interest in the asset to the existing wife which is rarely achieved in other litigation processes. Thus, this study suggests that the use of sulh as a mode of dividing the matrimonial asset is to be widely practised when dealing with the division of matrimonial assets to prevent a costly and lengthy litigation process. Thus, there is a need for a proper mechanism to uphold the process of sulh in dividing matrimonial assets such as to facilitate the process with proper checklists.

Reappraisal of Governance for Underage Marriage in Malaysia

Marriage before the age of 18 is a reality for many young women in most part of the world including Malaysia. Despite being prohibited by international human rights laws, underage marriage continues to be practised. This study attempts to examine the existing legal and administrative mechanism and to find out their weaknesses in governing the underage marriage for Muslim people in Malaysia. In this research, laws and administrative procedures of Federal Territories relating to underage marriage are chosen to represent other states of Malaysia. For this, these data are mainly from Islamic Family Law Federal Territories Act 1984 and related administrative procedures and formalities. Other relevant laws and administrative procedures are studied and analysed, whereas for the theoretical part, data from library research were sought. This research also employed a semi-structured interviews conducted on several respondents from the related institutions. This finding of this research shows some significant weaknesses in the governance of underage marriage from both legal and administrative aspects which contribute to the country’s rising rate of underage marriage. This study also proposes important recommendations for improvement which could reduce the rate of underage marriage.

Analysis on the Legal and Administrative Mechanisms in Curbing Syndicate and Runaway Marriages in Malaysia

Legal and administrative mechanisms are designed to ensure the legality of marriage under both the Shariah and Malaysian laws. The aim is also to preserve the interest of the family and the public. However, there are people who still look other alternatives to be married mainly through syndicate or simply to run away to country’s border. This study attempts to examine the existing legal and administrative systems and to find out their weaknesses in preventing syndicate and runaway marriage for Muslim people in Malaysia. In this research, laws and procedures from four selected states in Malaysia are chosen, i.e., Selangor, Federal Territories, Negeri Sembilan and Kelantan. Data of this research were obtained from library research and semi-structured interviews conducted on several respondents from the related institutions. Law and procedures from the four states were also studied and analysed. The finding of this research shows some significant weaknesses in both legal and administrative aspects that contribute to the country’s alarming syndicate and runaway marriage rate. This research also suggests some recommendations for improvement that could reduce the rate of both illegal marriages.

Syariah Compliant Homestay in Malaysia: Formulating Legal Framework

Demand on homestay is growing from time to time, and at present, it has become a popular option for local tourists. The problem in managing homestay without specific syariah regulation has caused disturbances and inconveniencies between homestay operators, tourists, neighbors, and communities. In order to safeguard the interest of all parties, a syariah compliant framework should be regulated for homestays in Malaysia. Hence, this study aimed to formulate a syariah guideline for homestay industry. For that purpose, this study adopted a qualitative method by using library research where analysis was conducted on several variables such as activities, facilities, rights and duties of owners, neighbors, and occupants. Based on the data, it has been discovered that adab or ethics in the form of interaction, dressing, activities, and facilities should be observed and practiced in line with the syariah principles. Thus, this study suggests that all the parties involved in this particular business should adhere to the rules and regulation concern. The result of this study can impart knowledge and information to the industry player and public as a whole with regard to the syariah rules and regulations in managing the homestay services. It is hope that this study will provide syariah guidelines for the government, industrial tourism, and authoritative body toward implementing Islamic tourism in Malaysia in the future.