Khitbah Marriage In The Malaysian Context: A Legal And Socio-religious Analysis Through The Lens Of Maqasid Al-shariah

Nikah khitbah, commonly called nikah gantung (suspended marriage), has become increasingly prevalent in Malaysian society, especially among youths and university students in modern globalisation. This form of marriage involves fulfilling the essential pillars and conditions of marriage, as outlined in the Shafi ‘i school of Islamic jurisprudence, while delaying cohabitation for various personal or social reasons. Despite its religious validity, the absence of official registration raises significant legal and social concerns. This study adopts a qualitative approach through document analysis and case studies to investigate the legal status, underlying factors, and ramifications of nikah khitbah on the Islamic family system in Malaysia. The findings highlight the need to reinforce premarital education and streamline registration processes to ensure compliance with Shariah principles and national legislation. Anchored in the framework of Maqasid al-Shariah, particularly the preservation of lineage (ḥifẓ al-naṣl), protection of family stability (ḥifẓ al‘ird), and safeguarding social welfare (ḥifẓ al-maslaha), the study advocates for stronger regulatory oversight and enhanced social support mechanisms. These measures are essential to uphold the integrity and well-being of Muslim families in Malaysia amid evolving social dynamics.