Once we had progressive Islamic family laws, says ex-mufti

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Ismail Yahya says amendments in 2005 have made divorce and polygamous marriage easier. FMTNews IsmailYahya shariahfederalAct

Ismail Yahya, former mufti and chief shariah judge of Terengganu, says Islamic family laws in Malaysia have regressed over the years.

Ismail said the Act, introduced in 1984, was supposed to act as the model for Islamic family laws in other states, with provisions such as the need for both husband and wife to be present in court when seeking a divorce. Ismail said amendments in 2005 changed this, and the requirement that both parties should attend court for a divorce was “loosen”.

It means the husband only needs to show that his proposed marriage is “necessary”, and not whether or not it is “appropriate” for him to practise polygamy.

 

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