قضايا الكفاءة الزوجية في المحاكم الشرعية بماليزيا في ولاية سلانجور : دراسة تحليلية

Abstract

This study examines marriage compatibility cases brought in Sharia courts of Selangor. The issue of compatibility arises when there is a disagreement between a guardian and a daughter regarding the selection of a suitable husband. For example, the old case of "Shariffah Noor Fadzillah binti Syed Idros vs Syed Abdullah bin Syed Alwee" serves as a model for this conflict, where the guardian refused to allow his daughter to marry a man who did not belong to the "Syed" family, leading to a judicial dispute that ended with the Supreme Court approving the marriage. This study aims to analyse the position of Islamic law regarding the requirement of marriage compatibility and its application in Malaysian Sharia courts while clarifying the components of marriage compatibility according to jurists and customs. It also seeks to determine who has the right to choose a life partner and to analyse how the Sharia courts in Selangor address marriage compatibility issues. This study relies on an inductive approach to collect information and an analytical approach to examine the opinions of jurists, along with field research through interviews with judges in Sharia courts. It is expected to provide suggestions for specific standards in considering the elements of marriage compatibility, serving as a guide for Sharia courts when issuing decisions. These guidelines aim to establish a clear legal framework that helps resolve disputes related to compatibility in marriage, considering the rights of all parties by leveraging the opinions of jurists, prevailing customs, and the applications of similar laws in selected Islamic countries.