Pembubaran perkahwinan akibat keganasan seksual dalam rumahtangga : kajian di Mahkamah Syariah negeri-negeri utara Malaysia

• Main Author: Nurul Hasna’, Hazni
• Format: Thesis
• Language: English; English; English
• Published: 2017
• Subjects: HQ The Family. Marriage. Woman; KPG1-6999 Malaysia
• Online Access: https://etd.uum.edu.my/7469/1/Depositpermission_s820401.pdf; https://etd.uum.edu.my/7469/2/s820401_01.pdf; https://etd.uum.edu.my/7469/3/s820401_02.pdf

The issue of sexual violence in marriage is a common issue in Malaysia but still, in Malaysian Shariah Court it is not convincing enough to be one of the arguments that can convict a divorce. Therefore, a research is conducted to identify the concept of sexual crime as a basis to understand sexual violence issues in a legal marriage. In addition, this research acts as an observation to figure out the elements that become the leading factors to sexual violence based on existing divorcement cases. Through those cases, the research analyse sexual rights and duty according to Islam. This research is conducted using qualitative approaches via two methods. First, documentation research on printed and non-printed materials such as books of Islamic Jurisprudence (fiqh), journals of past researches and case files from Shariah Lower Court. Second, interviews conducted with three Syarii judges, and five respondents who were victims of sexual violence in their marriage. The data obtained is then analysed using content analysis method. Result shows that the claims of sexual violence happens in marriage are true and become one of the demanding reason for divorcement although it is not trialled. There are three factors that lead to sexual violence in marriage which are; pornography, husbands negative attitude, exploitation of religion and ignorance. From these three factors, it has been derived that the couples involved in sexual violence cases has six misunderstandings that causes them to normalise these inappropriate behaviour. Next, this research proves Islam has set guidelines and guidance of sexual rights and responsibilities between spouses and strictly prohibits sexual violence in husband and wife relationships. The implications from this research will become an an input for the authorities to ensure a wife’s right is judged at it’s best.