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During the era of 1950 to 1970, the administrative Islamic family law comes in the form of

compilation rather than previous undocumented framework. Selangor is the first state that released
the new enactment which is Enakmen Pentadbiran Undang-Undang Islam 1952. Every states are
empowered with the prerogative authority for the administration of Islamic Law as envisaged in the
Federal Constitution. Therefore, there are different enactment in each states. Attempt would be
made to examine some of the recent changes that have been made on the administration of the
Muslim family law in Malaysia, especially on the Muslim laws relating to polygamy, divorce,
arbitration in family disputes and other related matters. The Enactment advocated that several
aspects of family law needed to be rectified. It concludes that the provisions related to the family in
this Administration Enactment were too brief. In fact, due to its simplified nature, judgement for
cases with high level of ambiguity can be hard to be laid down. We had no choice but to depend on
the interpretation from Jurunikah or Qadi. Hence, the inclusion of provisions such as the minimum
age for marriage, rules in respect of polygamy, registration of marriages and divorces, reasons for
fasakh (judicial dissolution) that should be expanded, and most important, the creation of a law that
is uniform for the entire country in Malaysia.

In the early 1980s, Malaysia introduced a special law pertaining to the Islamic family. The
reformation was based on the doctrine of al-Siyasah al-Shar‘iyyah. It is more precise and detailed
than its predecessors. This effort is not new. Several Islamic countries had already created and
applied a complete system of Islamic family law, upon which several reforms have been made. These
laws provide for the administration of marriages, the rights of a wife, protection for those who are
victimized in the family Institution and the punishment for those who commit matrimonial offences.
A technical commission of civil and Syariah law is established to distinguish the family law pertaining
to Muslims and non-Muslims. Provisions were improvised and stricter penalties were imposed as a
result of the reformation. For instance, divorce through the announcement of talaq must fulfilled
requirement by the syariah court. However, the uniform codification of Islamic law still remained as a
question in Malaysia. Even though, compared to previous years, the system had obvious
improvement yet it was criticized. The Islamic family law at various levels in Malaysia were accused
of ignoring the conundrum of discrimination, non-uniformity and also injustice inflicted of women
and children.

Finally, in 1 Ogos 1997, the 176 th conference of ruler took the initiave to codified Islamic
family law. The 188th of conference of ruler, on 22 Mac 2001, latter introduced and approved the
codification based on the various bills. Some provisions such as polygamy that is against the syarak
law is abolished. In conclusion, In the foregoing analyses, attempts have been made to divulge the
potential legal intricacies, as said to have been inherited from the Malaysian family law system
through the critical examination of the contending issues related to the family matters, such as the
Muslim marriage and its registration in court, gender inequality, divorce and marriage dissolution,
custody and guardianship of a child, polygamy and divorce.

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