Recently, there has been an increase in cases of domestic violence in Malaysia especially during the enforcement of the Movement Control Order (MCO) following the Covid-19 pandemic. In most cases, the marriage abused with domestic violence will usually end up with divorce. However, in Islamic law, there is a concept of reconciliation and the issue arises if the divorce is due to domestic violence, is the wife i.e the victim obliged to follow her husband if the husband wants to reconcile to them in a state of iddah? Therefore, this research seeks to identify the issue of reconciliation in divorce caused by domestic violence cases based on Islamic and Malaysian law. Hence, using qualitative methods of research, the issues are examined from the relevant literature including primary and secondary materials, governing statutes in Malaysia and from the Islamic perspective based on Qur’an, Sunnah, and views of Muslim jurists as well as contemporary Islamic scholars. The research finds that the main objective of reconciliation is to rehabilitate the relationship between husband and wife and the principle of reconciliation in Malaysian law is in line with the principle of Islamic law. However, in the case of divorce due to a case of domestic violence, the wife can reject the reconciliation from the husband if she is worried that the said reconciliation will bring darar (harm) to her. The research also identifies the need for further research for a better platform mechanism that enable the women in knowing their right, remedies, seeks assistance and functioning as a complete information for reference for them to initiate the legal process and uphold their rights towards the domestic abuse.

Under Islamic law, all human including a child also entitles to haqq (right) and can benefit from it as long as not over the limits prohibited by Allah. This study deals with the protection of the rights of children in terms of a family relationship from Islamic law and Malaysian law. Further, the research will elaborate on the issue of whether the rights of children in Malaysian law are in line with Islamic law or not. The research is library research where the issue will be examined from the perspective of the Quran and the Sunnah as the primary sources of Islamic law and follows with the examination of the statute of Malaysian law as well as the decided cases in Malaysia. In addition, the reference also will be made to opinions to compare the rights of children in Islamic and Malaysian law. There are several rights of children relating with family relationships namely the right to lineage, right to suckling, right to maintenance, right of gender equality among siblings, and guardianship rights. It is found that all these rights seem scattered and did not combine in one statute. In fact, there are a lot more rights of children that have not been identifying and highlight in Malaysian law.

Women’s rights issues in relation to marriage are the most significant topic of debate in many countries. Marriage is regularly portrayed as an “oppressive sphere” for women, with their rights being oppressed the moment they enter a marriage contract, especially in Islam. However, in many cases, Islamic matrimony has been demonstrated to liberate women, preserve their honour and place in society, and abolish injustice when guided by principles from the Qur’an and the Sunnah of Prophet Muhammad (s.a.w.). In general, misconception regarding the Muslims is caused by cultural interpretation and malpractice of the original Islamic teachings, which have tainted the true Islamic ideal. This study addresses the rights of women in marriage from the Qur’anic perspective and from the maqasid shariah approach. It also examines the concept by referring to the laws in Malaysia and explores the issue of whether the Malaysian laws uphold the rights of women or not. The discussion is based on the related Qur’anic verses including their tafsir, and supported with the Hadith of the Prophet. Consecutively, the paper analyses the rights of women in the laws of Malaysia, with support from any related cases law. This library research examines the topic from the viewpoints of the Qur’an and the Sunnah as the primary sources of Islamic law, followed by an analysis on the statutes of laws in Malaysia and several relevant decided cases. In addition, the opinions of scholars regarding the issue on the rights of women in marriage are also taken into consideration in the analysis. It is hoped that the study may provide a clear reference and guideline regarding the rights of women in marriage from both the Islamic and Malaysian laws as this topic is highly significant and beneficial to numerous parties in the present day.