APLIKASI AYAT HUKUM DALAM PENGHAKIMAN KES PEMBUBARAN PERKAHWINAN: KAJIAN DI MAHKAMAH SYARIAH SELANGOR

The Application of the Quranic Legal Verses in the Judgement of the Dissolution of Marriages: A Study at the Selangor Shariah Court

Abstract

Ayat Hukm or the Quranic Legal Verses is one of the most important components in the implementation of Shariah Judicial Procedure in Malaysia. As to date, Ayat Hukm is fully applied as the strongest or highest source of argument in the Shariah Judicial Procedure, which includes various stages starting from the prosecution, defence and lastly decision stage. In order to preserve its authenticity, the application of Ayat Hukm requires an accurate interpretation on every single Quranic word or term. This method can be found in ‘Ilm Tafsir i.e the knowledge which explains the interpretation of the Quranic verse itself, how the hukm is deduced from such verse as well as the wisdom behind
the hukm. Reliance and complete references towards tafsir of
al-Qur’an in issuing hukm and enacting the Islamic Family
Law will deliver good judgement based on solid interpretation
of Ayat Hukm. This study is carried out to identify the position,
application and interpretation of Ayat Hukm in Shariah Court
in deciding hukm. This study may serve as important references
to the committee or any legal institutions and Non-Government
Organisation (NGO) specially involved in updating judgement
and requirement of technical law in Islamic family matters. Also it
is in the interest of Jabatan Kehakiman Syariah Malaysia (JKSM)
to explain the strength of authority of hukm in decision making of
any dispute settlements. This study focused on the position of Ayat
Hukm in the court judgment in relation to ulama’ explanation
regarding hukm of dissolution of marriage. An effort was made
to collect data from Selangor Shariah Court on cases of talaq,
ta’liq, faskh and khul’ and other cases in Selangor as reported in
filing case and Jurnal Hukum.