The Rate of Divorce among Muslims Couples in Malaysia: A Legal Analysis of the Causes & Consequences

Abstract

Cases of ṭalāq, or divorce, among Muslim couples in Malaysia have increased significantly in recent years. At least 200,000 Muslim spouses have gotten divorced between 2017 and 2021, raising concerns about the Islamic family institution in the country. This paper aims to identify the causes of ṭalāq among Muslim couples in Malaysia as well as the consequences of marriage dissolution for the family. The paper adopted the qualitative method to study the issue. The methodology included the content analysis of published materials and primary textual references from the Qur’ān and Sunnah that are related to this topic. The study found that psychological issues, social growth, schooling and future relationships could all be impacted by ṭalāq on children. The parents will experience identity issues, changes in their way of life and changes in their financial situation. Based on the interpretation of Qur’ānic text related to ṭalāq, many Islamic scholars and jurists agree that the parents or relatives should be responsible for a divorced woman’s identity in the same way as her former husband. Thus, alimony for divorced women given from her relatives is indeed compulsory. In conclusion, the findings demonstrate that the marriages of Muslim couples in Malaysia are significantly impacted by the typical causes of divorce.