Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)

The Theory of Compulsion (Ijbar) in Marriage Under Islamic Law: Incorporation of the Hanafis View on Compulsory Consent in Marriage Under the Islamic Family Law (Federal Territories) Act 1984

Authors
Azizah Mohd, Nadhilah A. Kadir
Corresponding Author
Azizah Mohd
Available Online 13 March 2020.
DOI
10.2991/assehr.k.200306.180How to use a DOI?
Keywords
compulsion in marriage, marriage of a virgin, wali mujbir, Islamic law, Islamic Family Law (Federal Territories) Act 1984
Abstract

Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage by compulsion. This paper seeks to examine the theory and concept of compulsion in marriage or ijbar under Islamic law. The discussion will include an analysis of views of Muslim scholars on the issue. The paper will also investigate the practice of the Muslim communities in Malaysia nowadays as regards to marriage by compulsion based on the theory of ijbar. The examination will be extended to the provisions of Islamic Family Law (Federal Territories) Act 1984 on compulsory consent of a woman in her marriage that follows the view of the Hanafis. The research will adopt qualitative research where most of the materials will be based in the library. Finally, the research will provide the suggestion for improvement of the application of Islamic law in Malaysia especially on the incorporation of the views of Sunni school other than Shafi’is, where relevant and necessary

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
13 March 2020
ISBN
978-94-6252-926-7
ISSN
2352-5398
DOI
10.2991/assehr.k.200306.180How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Azizah Mohd
AU  - Nadhilah A. Kadir
PY  - 2020
DA  - 2020/03/13
TI  - The Theory of Compulsion (Ijbar) in Marriage Under Islamic Law: Incorporation of the Hanafis View on Compulsory Consent in Marriage Under the Islamic Family Law (Federal Territories) Act 1984
BT  - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
PB  - Atlantis Press
SP  - 51
EP  - 55
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200306.180
DO  - 10.2991/assehr.k.200306.180
ID  - Mohd2020
ER  -