Fasakh: A Case Study in Syariah Court Negeri Sembilan

Abstract

This academic writing discussed about fasakh problem in Mahkamah Syariah Negeri Sembilan. Although the husband has exclusive power of talaq, the wife also can claim for fasakh. the claim of fasakh by wife must be supported with certain reason. Fasakh means the annulment of marital contract by the judge after the wife has applied to him for her remedy to be granted. If the judge is satisfied that the women is prejudiced by her marriage, he will annul the marriage. The study is based on academic writing for nine month, case study in Syariah Court Negeri Sembilan. The research sought to study the ground of fasakh according to Islamic Family Law Enactment (Negeri Sembilan)1983, to analyze the actual position of Islamic Religious Department of Negeri Sembilan, The Council of Islamic Religion and Judiciary Department. Beside that, it also supported with definition of fasakh according Al-Quran and As-Sunnah and opinions according to the Sunnah Schools. Observations, interviews, and reviewing relevant document were the tools employed for data gathering purposes. The finding indicate that law provision in Negeri Sembilan accepted variety of reason for wife to get annulment for their marriage. Beside that, the study also know the effect of fasakh to the husband, the wives and the children. Finally, co operations from any members important to reduce the cases of fasakh.