An elopement marriage of the virgin who still has famliy guardian : an analysis of the fatwa in perlis

Abstract EN

The main concern of this article is about the differences of fatwas between muzakarah jawatankuasa fatwa kebangsaan and mesyuarat fatwa negeri perlis regarding the virgin who eloped to southern Thailand for married without the consent of the authorized family guardian.

the objective of this research is to assess the fatwa of perlis on the marriage of couples who eloped to southern Thailand for married.

this research employed a qualitative approached through content analysis of the fatwa paper works and recorded shariah court cases.

the interviews were also conducted with muftis, judges, lawmakers and scholars.

the finding revealed that the fatwa of perlis which stated the virgin woman in Malaysia who eloped to southern Thailand without the consent of the authorized family guardian is invalid meets the shariah requirements as discussed by Fuqua.

the result of the study is hoped to be useful to the authorized organizations such as Jakim, Syariah judges, Islamic religious council and fatwa institutions for further improvement hence to reevaluate existing fatwa and legal provisions pertaining to the elopement issues in Malaysia.