Hubungan Hukum Keluarga Islam dengan Isu Hak Anak dan Pencatatan Perkawinan di Malaysia

Abstrak

This study examines the relationship between Islamic family law and issues concerning children's rights and marriage registration in Malaysia. As a predominantly Muslim country, Malaysia's Islamic family law, rooted in the Shafi'i school, has evolved under the influences of British colonialism and legal modernization. The study explores the history of Islamic family law formation in Malaysia, including the role of local customs, legal codification, and integration with the Common Law system. The research finds that while marriage registration is mandatory, the validity of a marriage remains based on Islamic law rather than state administration. Children's rights are regulated under the Child Act 2001, which covers aspects such as custody, maintenance, and protection from exploitation. The Family Support Division plays a critical role in ensuring the effective enforcement of court orders regarding child support and ex-wife maintenance. The findings indicate that although Malaysian Islamic family law continues to undergo reform, challenges remain in harmonizing it with the national legal system. A balanced regulation that integrates Islamic values with modern legal needs is key to protecting children's rights and maintaining orderly marriage administration, making Islamic family law an adaptive instrument in the face of social and global legal changes.