Terms & definitions
The fiqh and legal terms used across this site and its e-books, with their English equivalents (BM & EN).
Polygyny, polygamy, polyandry
Polygyny is a man being married to more than one wife. This is what is permitted in Islam, and this is what this site discusses.
Polyandry is a woman being married to more than one husband — haram in Islam.
Polygamy is the general term covering both. In everyday speech in Malaysia, "poligami" (polygamy) is used to mean polygyny, and this site follows that usage.
| Term | English | Meaning |
|---|---|---|
| Marriage contract | Marriage contract (akad) | Ijab and qabul (offer and acceptance) — the words that make the marriage valid. |
| Wali | Marriage guardian (wali) | The party who gives the bride in marriage. The wali nasab (kin guardian) in order of priority; the wali hakim if there is none or he refuses. |
| Mahr / mas kahwin | Dower (mahr) | An obligatory gift from the husband to the wife. The wife's absolute right, not her family's. |
| Hantaran | Engagement gift (Malay custom) | A Malay custom, not a Shariah requirement. Distinct from the mahr and not obligatory. |
| Maintenance | Maintenance | The needs a husband must provide for his wife and children. |
| Nafkah zahir | Material maintenance | Food, clothing, housing, medical care — the material necessities. |
| Nafkah batin | Conjugal rights | The right to marital intimacy between husband and wife. |
| ʿIddah maintenance | ʿIddah maintenance | Maintenance for a former wife throughout the ʿiddah. |
| Giliran (qasm) | Turn / rota (qasm) | The division of nights among the wives. It must be fair and can be counted. |
| Nushuz | Nushuz (recalcitrance) | A wife's refusal, without valid excuse, to fulfil a lawful right — or a husband neglecting his duties. It is determined by the Court, not by the husband himself. |
| ʿIddah | ʿIddah (waiting period) | The waiting period of a woman after divorce or the death of her husband. She may not be married during this period. |
| Talaq | Divorce (talaq) | A divorce pronounced by the husband. |
| Talak rajʿi | Revocable divorce | A divorce the husband may revoke during the ʿiddah without a new contract. |
| Talak baʾin | Irrevocable divorce | A divorce that cannot be revoked without a new contract (and dower). |
| Rujuk | Reconciliation (resuming the marriage) | The husband taking his wife back during the ʿiddah of a revocable divorce. |
| Khulʿ / tebus talak | Khulʿ (divorce by redemption) | A divorce at the wife's request in return for a payment (redemption) to the husband. |
| Fasakh | Fasakh (judicial annulment) | Dissolution of a marriage by the Court on the wife's application for specified reasons. |
| Taʿliq | Taʿliq (conditional pronouncement) | Conditions pronounced after the akad; if breached, the wife may claim a divorce. |
| Mutʿah | Mutʿah (consolatory gift) | A consolatory gift to a divorced former wife, according to the husband's means. |
| Hadhanah | Custody of children (hadhanah) | The right and duty to care for a child who is not yet of discerning age. |
| Mahram | Mahram (unmarriageable kin) | Those permanently unlawful to marry through blood, suckling, or marriage ties. |
| Darar syarie | Syarie harm (darar) | Harm to one's religion, life, body, reason, property, or honour. |
| Sulh | Sulh (court-led reconciliation) | The mediation process at the Syariah Court before a full trial. Free of charge. |
| Harta sepencarian | Jointly-acquired matrimonial property | Matrimonial property acquired jointly during the marriage, whose division may be claimed. |
| Faraid | Faraid (fixed inheritance shares) | Division of an estate according to the shares fixed by Hukum Syarak. |
| Will (wasiat) | Bequest (wasiyyah) | A bequest of property, up to one-third, to a non-heir. |
| Hibah (gift) | Gift (hibah) | A gift of property during one's lifetime, taking effect immediately. |
| Bikr | A never-married woman (bikr) | A woman who has never been married (a virgin). |
| Thayyib | A previously-married woman (thayyib) | A woman who has previously been married (divorcee or widow). |
| Qawwam | Qawwam (protector-maintainer) | The husband's position as leader and provider of the household (an-Nisaʾ 4:34). |
| Sakinah, mawaddah, rahmah | Tranquillity, love, mercy | Tranquillity, affection, mercy — the purposes of marriage (ar-Rum 30:21). |
| Hukum Syarak | Islamic law (Shariah) | Islamic law from the Qur'an, the Sunnah and the ijtihad of the jurists. |
| Siyasah syarʿiyyah | Shariah-guided public administration | State administration for the public good, so long as it neither forbids the lawful nor permits the unlawful. |
| Mahkamah Tinggi Syariah (MTS) | Syariah High Court | The second tier of the Syariah Court in each State. Hears appeals from the Syariah Subordinate Court. The hearing of applications for permission to practise polygamy at this level rests on JKSM Practice Direction No. 14/2006 (in force from 1 June 2006; the text of this direction has been checked), which directs that polygamy cases under Act 303 s.23 and the same section of the state enactments be tried in the Syariah High Court; the enactments say only “the Court”. |
| Mahkamah Rendah Syariah (MRS) | Syariah Subordinate Court | The district-level Syariah Court, where most everyday family cases begin. |
| JKSM | Department of Syariah Judiciary Malaysia | Jabatan Kehakiman Syariah Malaysia. It issues Practice Directions for the Syariah Courts and developed the e-Syariah system. |
| JKSN | State Syariah Judiciary Department | Jabatan Kehakiman Syariah Negeri — the Syariah Court department of a state; court forms and checklists are obtained from its portal. In Selangor it is called JAKESS. |
| JAIN | State Islamic Religious Department | Jabatan Agama Islam Negeri (for example JAWI in the Federal Territories, JAIS in Selangor). It handles the registration of marriage, divorce and rujuʿ, pre-marriage courses and family counselling. |
| Arahan Amalan | Practice Direction | A written direction to the Syariah Courts on how a type of case is to be handled, for example JKSM Practice Direction No. 14/2006 on polygyny applications. |
| e-Syariah | e-Syariah (court case system) | The Syariah Court computer system that records the registration and progress of every case. |
| Kod kes | Case code | The code number the Syariah Court gives to each type of case. In most states, 011 is the code for an application for permission for polygyny. It is not your own case number. |
| Mention (sebutan) | Mention (first call of a case) | The first date on which the case is called in court — to make sure the documents are complete and all parties have received the summons — before a hearing date is fixed. |
| Afidavit | Affidavit | A written statement confirmed as true on oath before the court Registrar. |
| Iqrar | Iqrar (declaration / admission) | The sworn declaration filed with an application, for example an application for polygyny or divorce. At a hearing, iqrar also means an admission that binds the person who makes it. |
| Hakam | Hakam (family arbiters) | Arbiters appointed from the husband's family and the wife's family to reconcile them (an-Nisaʾ 4:35). |
| Wali hakim | Wali hakim (guardian by authority) | A wali appointed by the religious authority to give a woman in marriage when there is no wali by lineage or he refuses without a valid Shariah reason. |
| Peguam syarie | Syarie lawyer | A lawyer licensed to represent parties in the Syariah Court. |
| BSK | Family Support Division (BSK) | Bahagian Sokongan Keluarga (Family Support Division), JKSM. It helps enforce maintenance orders that are not being paid. |
| Act / Enactment | Act / State Enactment | Written statute — Act 303 for the Federal Territories; each state has its own Enactment. |
| Section (s.) | Statute section | A legal reference, e.g. s.59(2)(b) = Section 59, sub-section (2), paragraph (b). See the Islamic Family Law page. |
At a glance
Polygyny, polyandry, polygamy
More terms, A to Z
286 more terms from fiqh, law, the courts and family life that are used in this site's pages and Q&A. Use the search box to filter both tables.
A
| Term | English | Meaning |
|---|---|---|
| Adhal | Obstructive guardian (adhal) | A wali who refuses, without a valid Sharia reason, to give the woman in marriage to a compatible man she has chosen. She may apply for a wali hakim. Read more |
| Adil (dalam poligami) | Justice between wives | The husband's duty to treat wives equally in what is outward and measurable — turns, maintenance and housing. Inclination of the heart beyond his control is not demanded (an-Nisa' 4:3, 4:129). Read more |
| Ahli Kitab | People of the Book | Jews and Christians. Islam allows a Muslim man to marry a woman of the Book (kitabiyah) with conditions, but in Malaysia such a marriage is usually not registered without conversion. Read more |
| Ajnabi | Non-mahram (ajnabi) | A man or woman who is not mahram and could lawfully be married. The rules of covering and mixing apply between them. Read more |
| Akad baharu | New marriage contract | A fresh marriage contract, with wali, witnesses and dower, needed to reunite after an irrevocable (ba'in) divorce or after the ʿiddah of a revocable (raj'i) divorce has ended. Read more |
| Akta 164 | Act 164 | The Law Reform (Marriage and Divorce) Act 1976 — the civil marriage law. It does not apply to Muslims. Read more |
| Akta 303 | Act 303 | The Islamic Family Law (Federal Territories) Act 1984 — the Islamic family law of the Federal Territories. Each state has its own enactment with broadly similar provisions. Read more |
| Akta 521 | Act 521 | The Domestic Violence Act 1994. It applies to everyone regardless of religion, including Muslims. Read more |
| Al-walad lil-firasy | The child belongs to the marriage bed | A rule from the hadith: a child born within a valid marriage is attributed to the husband. Read more |
| Amanah Raya Berhad | Amanah Raya Berhad | The government trust company that handles the summary administration of certain movable estates (Act 532). Read more |
| Anak angkat | Adopted child | Another person's child raised as one's own. In Islam this does not change lineage and the child does not inherit through faraid; a bequest or gift may be made instead. Read more |
| Anak tak sah taraf | Child born out of wedlock | A child born outside marriage, or less than six lunar months after the contract. Questions of paternity and the father's name are decided by state fatwa and law. Read more |
| Anak tiri | Stepchild | A spouse's child from another marriage. Stepchildren and step-parents do not inherit from each other; a stepdaughter becomes mahram to her stepfather once the marriage with her mother is consummated. Read more |
| Anak yatim | Orphan | A child whose father died before the child came of age. The child's property is held in trust by the guardian and may not be consumed wrongfully (an-Nisa' 4:10). |
| Arbitration Council | Arbitration Council (Pakistan, Bangladesh) | The council whose written permission a husband needs before marrying again in Pakistan and Bangladesh; the existing wife may object. Read more |
| Asabah | Residuary heirs (asabah) | Heirs who take what remains after the fixed shares, or everything if there are none. There are three kinds: by themselves (bi nafsih), through another (bil ghair) and with another (ma'al ghair). Read more |
| Ashab al-furud | Fixed-share heirs | Heirs whose shares are fixed in the Qur'an (1/2, 1/4, 1/8, 2/3, 1/3, 1/6), such as husband, wife, mother and daughter (an-Nisa' 4:11, 4:12, 4:176). Read more |
| Asnaf | Zakat recipients (asnaf) | The eight categories entitled to zakat, such as the destitute, the poor and debtors (at-Taubah 9:60). Read more |
| Athar | Report from a Companion (athar) | A report of the words or deeds of a Companion or Successor. Read more |
| 'Aul | Proportional reduction ('aul) | When the fixed shares add up to more than the whole, all are reduced proportionally. Read more |
| Aurat | Parts to be covered (aurat) | The parts of the body that must be covered from certain people. The rules apply at home too, including before in-laws and step-relatives who are not mahram. Read more |
| Azl | Withdrawal (azl) | Contraception by withdrawal before ejaculation. The majority of scholars permit it with the wife's consent. Read more |
B
| Term | English | Meaning |
|---|---|---|
| Ba'in kubra | Major irrevocable divorce | The triple divorce. The couple cannot remarry until the wife marries another man in a genuine marriage that later ends. Read more |
| Ba'in sughra | Minor irrevocable divorce | A divorce that cannot be revoked, though the couple may remarry with a new contract and dower — e.g. a first or second divorce whose ʿiddah has ended, or divorce by redemption. Read more |
| Baitulmal | Baitulmal (Islamic treasury) | The treasury under the state Islamic council that manages Muslim public funds; in some states it channels zakat aid. Read more |
| Bakal isteri | Intended wife | The woman to be married. In a polygyny application, she and her wali are also summoned by the court. Read more |
| Baligh | Puberty / legal majority (baligh) | Adulthood in the Sharia, marked by menstruation, a wet dream or a certain age. After it a person is accountable under the law. Read more |
| Balu | Widow | A woman whose husband has died. She observes an ʿiddah of four months and ten days (if not pregnant) and is entitled to a share of the estate. Read more |
| Bantuan guaman syarie | Syariah legal aid | Free or low-cost legal advice and representation in Syariah Court cases, through the Legal Aid Department or state Syariah legal aid bureaus. Read more |
| Batil | Void (batil) | Wholly invalid, with no legal effect, e.g. a contract missing one of its pillars. Read more |
| Bayyinah | Proof (bayyinah) | Evidence that makes a claim clear and proves it. The rule: the burden of proof lies on the claimant. Read more |
| Beban bukti | Burden of proof | A party's duty to prove its assertion. In some matters the burden lies on the husband. Read more |
| Bidang kuasa | Jurisdiction | A court's power to hear a type of case or cases from a given area. Read more |
| Bukan Islam | Non-Muslim | A person who is not Muslim. A Muslim woman may not marry a non-Muslim man. Read more |
C
| Term | English | Meaning |
|---|---|---|
| Cerai taklik | Divorce under taklik | A divorce confirmed by the court when the wife proves the husband breached the conditional pronouncement made after the contract (Act 303 s.50). Read more |
D
| Term | English | Meaning |
|---|---|---|
| Da'if | Weak (da'if) | A hadith that does not meet the conditions of sahih or hasan. It is not used as the basis of a ruling. Read more |
| Dalil | Evidence (dalil) | The basis of a ruling in the Qur'an, hadith, consensus or analogy. Read more |
| Darurat | Necessity (darurat) | A pressing situation that permits what is normally forbidden, only to the extent needed and never as a habit. |
| Defendan | Defendant | The party against whom a claim is brought. Read more |
| Dhawil arham | Distant kindred (dhawil arham) | Relatives who are neither fixed-share nor residuary heirs, such as a daughter's child. They inherit when there are none of the other two, according to the view applied. Read more |
| Duda | Divorced or widowed man | A man who is divorced or whose wife has died. |
| Dukhul | Consummation (dukhul) | Sexual consummation after the contract. It determines several rulings, such as the full dower and whether a divorced wife must observe an ʿiddah. Read more |
F
| Term | English | Meaning |
|---|---|---|
| Fasid | Defective (fasid) | Flawed in its conditions. The term is used mainly in the Hanafi school, which distinguishes it from void because some legal effects may be recognised. |
| Fatwa | Fatwa (formal religious opinion) | A legal opinion issued by a mufti or fatwa committee. In Malaysia, a gazetted fatwa binds Muslims in that state. Read more |
| Fidyah | Fidyah (compensation) | A food payment to the poor in compensation, e.g. for fasts that cannot be made up or a make-up delayed without excuse (Syafi'i school). Read more |
| Fuqaha | Jurists (fuqaha) | Scholars of fiqh — experts in Islamic law. Read more |
G
| Term | English | Meaning |
|---|---|---|
| Gantung tak bertali | Left in limbo | A wife still married on paper but no longer maintained or treated as a wife, and not released. The Qur'an calls her al-mu'allaqah; the remedies include a maintenance claim and annulment. Read more |
| Ghibah | Backbiting (ghibah) | Mentioning someone's faults behind their back, even if true. It includes exposing a spouse's faults to others. Read more |
H
| Term | English | Meaning |
|---|---|---|
| Had empat isteri | Limit of four wives | A man may not have more than four wives at one time (an-Nisa' 4:3). Read more |
| Hadis | Hadith | A report of the Prophet's ﷺ words, deeds or approvals. This site gives the source and grade of every hadith it quotes. Read more |
| Hadis palsu | Fabricated hadith | A report invented and falsely attributed to the Prophet ﷺ. It must not be spread as hadith. Read more |
| Haid | Menstruation (haid) | Blood from the womb in the normal monthly cycle. During it, prayer, fasting and intercourse are forbidden; a divorce pronounced then is an innovated divorce (talak bid'i). Read more |
| Hak lawatan | Visitation right | The right of the parent without custody to see and spend time with the child. Read more |
| Hakim syarie | Syariah judge | A judge who hears and decides cases in the Syariah Court. Read more |
| Halal | Lawful (halal) | What the Sharia permits. |
| Halangan pusaka | Impediments to inheritance | Reasons that bar a relative from inheriting, such as killing the deceased or difference of religion. Read more |
| Hanafi | Hanafi school | The school founded by Imam Abu Hanifa, widely followed in South Asia, Central Asia and Turkey. Read more |
| Hanbali | Hanbali school | The school founded by Imam Ahmad ibn Hanbal, widely followed in Saudi Arabia. Read more |
| Haram | Forbidden (haram) | What is strictly forbidden: sinful if done. |
| Harta alih | Movable property | Property that can be moved, such as money, shares and vehicles, as opposed to land and houses. Read more |
| Harta pusaka | Estate (tirkah) | What the deceased leaves behind. Funeral costs, debts (including deferred dower) and bequests are settled first before division by faraid. Read more |
| Harus | Permissible (harus) | What is allowed, with no reward or sin in itself. |
| Hasan | Good (hasan) | A grade of hadith accepted as evidence, slightly below sahih. Read more |
| Hijab (faraid) | Exclusion in inheritance | A nearer heir blocks another: hijab hirman excludes completely, hijab nuqsan reduces the share. Read more |
| Hukum asal | Default ruling | The ruling on a matter before other factors are weighed. The default ruling on polygyny is conditional permission; it can become recommended, disliked or forbidden depending on circumstances. Read more |
| Hutang si mati | Debts of the deceased | Debts that must be paid from the estate before bequests and faraid, including deferred dower and maintenance arrears. Read more |
I
| Term | English | Meaning |
|---|---|---|
| Idah wafat | ʿIddah of widowhood | A widow's waiting period: four months and ten days if not pregnant (al-Baqarah 2:234), or until delivery if pregnant. In polygyny each widow observes it in her own home. Read more |
| Ihdad | Mourning (ihdad) | During the ʿiddah of widowhood a widow avoids jewellery, perfume and adornment. She may still work, go out for needs and speak to people when necessary. Read more |
| Ihram | Ihram (pilgrim sanctity) | The state of a person performing hajj or umrah. While in ihram, a marriage contract is invalid and a wali in ihram cannot give in marriage. |
| Ihsan | Excellence (ihsan) | Doing more than is required, with goodness and excellence. |
| Ijab | Offer (ijab) | The offer in the marriage contract, spoken by the wali or his representative, e.g. "I marry you to…". It is one half of the contract wording (sighah). Read more |
| Ijbar | Guardian's power to marry off (ijbar) | The power of a compelling guardian to give in marriage without consent. The Hanafi school recognises no such power over an adult woman, only over a child. Read more |
| Ijmak | Consensus (ijma') | The agreement of qualified scholars of an era on a ruling. Read more |
| Ijtihad | Independent reasoning (ijtihad) | A qualified scholar's effort to derive a ruling from the evidence. |
| Ila' | Ila' (oath of abstinence) | A husband's oath not to be intimate with his wife. The Qur'an limits it to four months, after which he must return or separate (al-Baqarah 2:226–227). Read more |
| I'lan | Public announcement (i'lan) | Making the marriage publicly known. The Maliki school stresses it so much that a marriage deliberately kept secret at the parties' request may be annulled. Read more |
| Ipar | Sibling-in-law | A spouse's brother or sister. In-laws are not mahram, so the rules of covering and mixing still apply. Read more |
| Existing wife | Existing wife | A wife already married to the applicant when he applies to marry again. The court summons her to the hearing, and his iqrar must state whether her consent or views were obtained (Act 303 s.23). Read more |
| Istihadah | Irregular bleeding (istihadah) | Bleeding outside the normal pattern of menstruation and post-natal bleeding. The woman still prays and fasts. Read more |
| Istikharah | Prayer for guidance (istikharah) | A prayer asking Allah to choose what is good. It is not waiting for a dream or a sign, and does not replace enquiry and consultation. Read more |
| Istisyarah | Seeking counsel (istisyarah) | Asking family and knowledgeable people for their view before an important decision such as choosing a spouse. Read more |
| Ithar | Putting others first (ithar) | Preferring another's need even when one needs it too — a high level of character between spouses. Read more |
| Itsbat nikah | Marriage validation (Indonesia) | An application to an Indonesian religious court to validate an unrecorded marriage. Validation of an unregistered polygynous marriage is not accepted. Read more |
J
| Term | English | Meaning |
|---|---|---|
| Ja'fari | Ja'fari school | The Twelver Shia school of law. It differs from the four Sunni schools on several marriage rules, including temporary marriage (nikah mut'ah). Read more |
| JAKIM | Department of Islamic Development Malaysia | Jabatan Kemajuan Islam Malaysia — coordinates Islamic affairs at federal level, including the national Fatwa Committee meetings. Read more |
| Janda | Divorcee | A divorced woman. In fiqh a previously married woman is called thayyib. |
| Jawatankuasa pendamai | Conciliatory committee | A committee the court appoints when one party does not agree to divorce or reconciliation seems possible: a religious officer as chair and one person for each side, preferably close relatives. It tries to reconcile them within six months (Act 303 s.47). Read more |
| JKM | Department of Social Welfare | Jabatan Kebajikan Masyarakat — helps domestic-violence survivors, children and families in need; its officers can issue an EPO. Read more |
| Jumhur | Majority of scholars (jumhur) | Most scholars or most schools on a given question. Read more |
| Jurunikah | Marriage officiant | A person authorised by the state Islamic religious authority to conduct the marriage contract and record its details for registration. Read more |
K
| Term | English | Meaning |
|---|---|---|
| Kadi | Kadi (religious officer) | A religious officer who handles marriages and related matters. The title and duties differ by state and country (e.g. the Kadi and Naib Kadi in Singapore). Read more |
| Kafa'ah | Compatibility (kafa'ah) | Suitability of the man for the woman in certain respects, such as religion and character, so that the marriage is stable. It is a right of the woman and her wali, not a licence to block a marriage on race or skin colour alone. Read more |
| Kaffarah | Expiation (kaffarah) | A religious penalty for breaching certain prohibitions, e.g. intercourse during a Ramadan fast or zihar. |
| Kahwin lari | Elopement | Marrying without the wali's consent, usually abroad or across the border. Without a valid wali or a recognised wali hakim, the marriage is invalid in the Syafi'i school. Read more |
| Kalalah | Kalalah | The case of a deceased who leaves no child and no father, so that siblings inherit (an-Nisa' 4:12, 4:176). Read more |
| Kantor Urusan Agama | Office of Religious Affairs (KUA, Indonesia) | The office in each Indonesian sub-district that records Muslim marriages. Read more |
| Kanun Keseksaan | Penal Code | The general criminal code. In some other countries its provisions are used to punish a second marriage without permission. |
| Kaunseling keluarga | Family counselling | Guidance sessions for couples, usually free at the district Islamic religious office, before or during conflict. Read more |
| Kebajikan anak | Welfare of the child | The basis of every custody decision. Divorce does not cut the child's tie with either parent. Read more |
| Kebankrapan | Bankruptcy | The state of being declared bankrupt. Maintenance arrears can still be proved in the bankruptcy. Read more |
| Kebenaran berpoligami | Permission to marry polygynously | The Syariah Court's prior written permission a husband must obtain before marrying again in Malaysia (Act 303 s.23 and the equivalent section in each state enactment). Read more |
| Domestic violence | Domestic violence | Physical injury, threats, coercion, emotional or sexual abuse and the like by a spouse or family member. In danger, call the police on 999. Read more |
| Kesalahan jenayah syariah | Syariah criminal offence | An offence under state Syariah criminal law, such as khalwat, tried in the Syariah Court. |
| Ketaatan isteri | Wife's obedience | Obeying the husband only in what is right and reasonable. There is no obedience in sin, and obedience is no excuse for oppression. Read more |
| Keterangan | Evidence | Proof put before the court — witnesses, documents and admissions. Read more |
| Khalwah sahihah | Valid seclusion (khalwah sahihah) | Husband and wife alone together without impediment after the contract. The Hanafi and Hanbali schools hold that it confirms the full dower; the Syafi'i school (new view) counts only consummation and death. Read more |
| Khalwat | Illicit seclusion (khalwat) | A man and a woman who are not mahram alone together out of others' sight. It is forbidden, and in Malaysia also a Syariah criminal offence. Read more |
| Khilaf | Scholarly difference (khilaf) | Difference of scholarly opinion on a ruling. This site states the differences and does not force one view. Read more |
| Khitbah (proposal) | Marriage proposal (khitbah) | A man's proposal to marry a woman. It is not yet a contract and makes nothing lawful between the two. Read more |
| Kinayah | Allusive pronouncement (kinayah) | An indirect formula that may or may not mean divorce, e.g. "Go back to your parents' house". It takes effect only if divorce was intended. Read more |
| Komital | Committal | An order sending to prison a person who wilfully disobeys a court order, e.g. not paying maintenance though able to (Act 303 s.132). Read more |
| Kos pengurusan jenazah | Funeral expenses | The cost of washing, shrouding and burying the deceased. It is taken first from the estate. Read more |
| Kursus pra-perkahwinan | Pre-marriage course | A course that state Islamic authorities in Malaysia require of prospective spouses before permission to marry is given. Read more |
| KWSP | Employees Provident Fund (EPF) | The Employees Provident Fund. For Muslim contributors, the nominee receives the money as an executor to divide by faraid, not for himself. Read more |
L
| Term | English | Meaning |
|---|---|---|
| Lafaz sarih | Explicit pronouncement | A clear divorce formula, e.g. "I divorce you". It takes effect even without intention. Read more |
| Lafaz talak | Divorce pronouncement | The husband's words, spoken or written, that effect a divorce. In Malaysia it must be made before the court or reported to it. Read more |
| Larangan menghimpun | Forbidden combinations | It is forbidden to be married at the same time to two sisters, or to a woman and her aunt. Read more |
| Li'an | Li'an (mutual imprecation) | A husband accuses his wife of adultery or denies a child without four witnesses, and both swear oaths before the court. The marriage is ended permanently (an-Nur 24:6–9). Read more |
M
| Term | English | Meaning |
|---|---|---|
| Ma'dhun | Ma'dhun (licensed marriage registrar) | A licensed officer who conducts and registers marriages in some Arab countries, e.g. Saudi Arabia. Read more |
| Madu | Co-wife (madu) | What the wives of the same husband are to one another. Relations between co-wives rest on courtesy and on not wronging each other. Read more |
| Mafqud | Missing husband (mafqud) | A husband who has disappeared without news. In Malaysia, a wife may seek annulment if his whereabouts have been unknown for more than one year (Act 303 s.52). Read more |
| Mahar mithil | Proper dower (mahr al-mithl) | The dower equal to that of women like her, judged by her paternal female relatives (Syafi'i) and taking account of age, learning, religion and whether she was previously married. It applies when no dower was fixed or the fixing was invalid. Read more |
| Mahar musamma | Specified dower | The dower named and agreed in or before the contract. It is what must be paid when it is valid and not contrary to the Sharia. Read more |
| Mahar tertangguh | Deferred dower | A dower, or part of it, not yet paid. It is a debt owed by the husband that can be claimed, and if he dies it is paid from his estate before the inheritance is divided. Read more |
| Mahar tunai | Prompt dower | The dower paid at or right after the contract. Read more |
| Mahkamah Rayuan Syariah | Syariah Court of Appeal | The highest Syariah Court in each state, hearing appeals from the Syariah High Court. Read more |
| Mahkamah sivil | Civil courts | The federal courts (Magistrates', Sessions, High, Appeal and Federal) that apply civil law. Among other things, they hear probate and protection-order cases. |
| Majlis Agama Islam Negeri | State Islamic Religious Council | The statutory state body that advises the Ruler on Islamic affairs and administers zakat, waqf and the baitulmal. E.g. MAIS in Selangor and MAIWP in the Federal Territories. Read more |
| Majlis sulh | Sulh session | A conciliation meeting at the Syariah Court. An agreement reached can be recorded as a court order. Read more |
| Makruh | Disliked (makruh) | What is better left: not sinful if done, rewarded if avoided for Allah's sake. |
| Malam permulaan | Wedding nights (7/3) | The Sunnah of giving a new never-married wife seven nights and a previously married wife three, after which turns return to equal rotation. Read more |
| Maliki | Maliki school | The school founded by Imam Malik, widely followed in North and West Africa. Read more |
| Mandi wajib | Obligatory bath (ghusl) | The full bath that removes major ritual impurity after intercourse, menstruation or post-natal bleeding. Read more |
| Maqasid syariah | Objectives of the Sharia | The aims of the Sharia — protecting religion, life, intellect, lineage and property. |
| Marad al-maut | Death-sickness (marad al-maut) | An illness that ends in death. A gift made during it is treated like a bequest — limited to one third and needing the heirs' consent if made to an heir. Read more |
| Marhalah | Marhalah (legal travel distance) | A distance measure in fiqh. If the nearest wali is two marhalah or more away and has appointed no proxy, a wali hakim may give the bride in marriage; practice in Malaysia usually reckons this at about 91 km. Read more |
| Maslahah | Public good (maslahah) | The benefit and interest the Sharia protects. |
| Mazhab | School of law (madhhab) | An established school of fiqh. The four Sunni schools are Hanafi, Maliki, Syafi'i and Hanbali; Malaysia follows the Syafi'i school. Read more |
| Mentua | Parent-in-law | The mother or father of one's spouse. They become permanently mahram through marriage. Read more |
| Menyerahkan giliran | Ceding one's turn | A wife willingly gives her turn to a co-wife, as Saudah did to Aisyah. It must be free of pressure and can be withdrawn for the future. Read more |
| Merisik | Discreet enquiry (merisik) | The Malay custom of enquiring informally about a woman and her readiness before a formal proposal. It is permissible as long as it does not conflict with the Sharia. Read more |
| Monogami | Monogamy | Marriage to one spouse only at a time. |
| Mualaf | New Muslim (mualaf) | A person who has recently embraced Islam. They are entitled to guidance, and some states run special classes before marriage. Read more |
| Mu'asyarah bil-ma'ruf | Living together in kindness | Living with one's spouse in kindness and fairness (an-Nisa' 4:19) — greetings, kind words, help and appreciation every day. Read more |
| Mubara'ah | Mutual release (mubara'ah) | Separation by mutual agreement in which both parties release each other's claims. It is a form of khulʿ. Read more |
| Mufti | Mufti | A scholar officially appointed to issue fatwas for a state or country. Read more |
| Mukallaf | Legally accountable person | A Muslim who has reached puberty and is of sound mind, and so is accountable under the Sharia. |
| Muktamad | Relied-upon view (muktamad) | The view taken as the main reference within a school. Read more |
| Mumayyiz | Age of discernment (mumayyiz) | The stage at which a child can tell good from bad. It matters in custody and in the rules of covering. Read more |
| Murtad | Apostasy | Leaving Islam. It affects certain rights, for example the right to custody. Read more |
| Musaharah | Affinity by marriage (musaharah) | Relationship through marriage that makes a person mahram, e.g. the mother-in-law to the husband and the father-in-law to the wife. Also called persemendaan. Read more |
| Muzakarah Jawatankuasa Fatwa | National Fatwa Committee | The national fatwa committee meeting of the National Council for Islamic Religious Affairs Malaysia, which discusses current legal questions. Read more |
N
| Term | English | Meaning |
|---|---|---|
| Child maintenance | Child maintenance | The father's duty to provide the child's housing, clothing, food, medical care and education according to his means, whether the child is in his custody or another's (al-Baqarah 2:233; Act 303 s.72). Read more |
| Nafkah interim | Interim maintenance | Temporary maintenance ordered by the court while the main claim is still pending. Read more |
| Nafkah tertunggak | Maintenance arrears | Unpaid maintenance. It is recoverable as a debt, provable in bankruptcy, and a debt on the estate if the person liable dies (Act 303 s.69). Read more |
| Nas | Explicit text (nas) | A Qur'anic or hadith text on which a ruling rests. Read more |
| Nasab | Lineage / paternity (nasab) | The tie of descent between a child and the father. Established paternity carries the rights of maintenance, guardianship and inheritance. Read more |
| Nifas | Post-natal bleeding (nifas) | Bleeding after childbirth. Its rules are like those of menstruation. Read more |
| Nikah di luar negara | Marriage abroad | A contract concluded in another country, for example in southern Thailand. For Malaysians it must still be registered in Malaysia, and for a polygynous marriage the Syariah Court's permission is still required. Read more |
| Nikah gantung | Deferred cohabitation (nikah gantung) | A valid marriage contract after which the couple do not yet live together, usually because of studies or waiting for the reception. The rules of marriage already apply from the contract. Read more |
| Nikah misyar | Misyar marriage | A contract that meets the pillars and conditions, but in which the wife agrees to give up some rights, such as housing, maintenance or her turn. It carries risks for the wife and children. Read more |
| Nikah muhallil | "Legalising" marriage (muhallil) | A marriage entered with the intention or condition of divorcing, so that a triply divorced woman becomes lawful again for her former husband. It is forbidden; colloquially called "cina buta". Read more |
| Nikah mut'ah | Temporary marriage (mut'ah) | A fixed-term marriage that ends by itself at the agreed time. It is forbidden and void in the Sunni schools. It is different from mut'ah, the consolatory gift on divorce. Read more |
| Nikah sindiket | Syndicate marriage | A marriage arranged by agents or self-styled officiants without authorisation, usually at the border. Its validity is doubtful and it is hard to register. Read more |
| Nikah siri | Unregistered marriage (nikah siri) | A marriage conducted without registration with the authorities. It makes it hard for wife and children to claim their rights, and cannot be a shortcut around the conditions for polygyny. Read more |
| Nikah syighar | Exchange marriage (syighar) | Two guardians marry their daughters to each other on condition that the exchange serves as the dower. It is forbidden in the hadith. Read more |
| Nikahnama | Nikahnama (marriage contract form) | The marriage contract form in Pakistan and Bangladesh, with columns for conditions such as delegated divorce. Read more |
O
| Term | English | Meaning |
|---|---|---|
| Ordinan | Ordinance | Written law named an ordinance, e.g. Pakistan's Muslim Family Laws Ordinance 1961, which regulates polygyny and divorce. Read more |
| OSCC | One Stop Crisis Centre | The One Stop Crisis Centre in hospital emergency departments, for examining and referring victims of violence. Read more |
P
| Term | English | Meaning |
|---|---|---|
| Patut atau perlu | Just or necessary | The first condition for permission to marry polygynously: the proposed marriage must be just or necessary. The court weighs, among other things, the existing wife's infertility, physical infirmity or unfitness for conjugal relations. Read more |
| Pegawai sulh | Sulh officer | A Syariah Court officer who conducts sulh sessions to help the parties settle. Read more |
| Pejabat agama Islam daerah | District Islamic religious office | The district office of the state Islamic religious department, handling marriage, divorce, reconciliation and counselling. Read more |
| Pembubaran perkahwinan | Dissolution of marriage | The ending of a marriage by divorce, redemption, annulment, li'an or court order. Read more |
| Pemfailan | Filing | Lodging case papers with the court for registration, usually with a fee and through the e-Syariah system. Read more |
| Pemohon | Applicant | The party who files an application, e.g. for permission to marry polygynously or to validate a marriage. Read more |
| Penama | Nominee | The person named to receive EPF, takaful or savings money when the holder dies. For Muslims the nominee usually receives as an executor, not as owner. Read more |
| Pendaftar mahkamah | Court registrar | The court officer who receives filings, keeps case records and administers oaths for affidavits. Read more |
| Pendaftar nikah | Registrar of marriages | The officer who registers Muslim marriages, divorces and reconciliations for an area and issues the certificates. Read more |
| Registration of marriage | Marriage registration | Recording the marriage with the Islamic authority. Without it a wife struggles to claim maintenance, deferred dower, matrimonial property and inheritance, and the children are hard to register under their father's name. Read more |
| Pengadilan Agama | Religious Court (Indonesia) | Indonesia's religious courts, which grant permission for polygyny and hear marriage-validation and divorce cases for Muslims. Read more |
| Pengesahan cerai | Confirmation of divorce | The court process of inquiring into and confirming a pronounced divorce, then recording it for registration. Read more |
| Pengesahan nikah | Validation of marriage | An application to the Syariah Court to have an unregistered marriage (e.g. abroad or by an unauthorised officiant) declared valid and ordered registered. The wife herself may apply. Read more |
| Penghakiman | Judgment | The court's written decision in a case, with its reasons. Read more |
| Penguatkuasaan perintah | Enforcement of orders | Steps taken when a court order is not obeyed, such as a judgment debtor summons, salary deduction, seizure and sale, or committal. JKSM's Family Support Division helps enforce maintenance orders. Read more |
| Penjaga | Guardian of a child | The person with authority over a minor's person and property. The father is the primary guardian even when someone else has custody (Act 303 s.88). It is different from hadhanah, day-to-day care. Read more |
| Pentadbir | Administrator | A person appointed by letters of administration to administer an estate with no will or executor. Read more |
| Perbicaraan | Trial / hearing | The court session that hears evidence and argument before deciding. Read more |
| Perintah mahkamah | Court order | A formal direction of the court that must be obeyed. Wilful disobedience can be punished. Read more |
| Perintah nafkah | Maintenance order | A Syariah Court order fixing how much maintenance must be paid and how. The husband may apply to vary it if his circumstances change. Read more |
| Perintah perlindungan | Protection orders (EPO, IPO, PO) | Orders under Act 521 forbidding the abuser from using violence: the Emergency Protection Order (EPO) from a social welfare officer, the Interim Protection Order (IPO) during a police investigation, and the Protection Order (PO) from the court. Read more |
| Perintah tahanan pendapatan | Earnings attachment order | An order for an employer to deduct pay towards maintenance. It is provided for in state Syariah civil procedure law, not in Act 303. Read more |
| Perkara 121(1A) | Article 121(1A), Federal Constitution | The Federal Constitution's provision that the civil courts have no jurisdiction over matters within the jurisdiction of the Syariah Courts. Read more |
| Perlembagaan Persekutuan | Federal Constitution | The supreme law of Malaysia. It sets which matters are under state power, including Islamic family law. |
| Pertunangan | Engagement | An agreement to marry in future. An engaged couple are still not mahram to each other. A party who breaks it off without lawful reason may be made to return the betrothal gifts and the wedding expenses (Act 303 s.15). Read more |
| Pindaan | Amendment | A change to an existing law. Read more |
| Plaintif | Plaintiff | The party who brings a claim in court. Read more |
| Polygamy without permission | Polygyny without permission | Marrying again without the Syariah Court's written permission. It is an offence in Malaysia, and the marriage is not registered unless the court is satisfied it is valid under Hukum Syarak and orders it registered (Act 303 s.23(1A)). Read more |
| Probet | Probate | The process of obtaining authority to administer an estate in the civil High Court under the Probate and Administration Act 1959 [Act 97]. Read more |
| Pusaka kecil | Small estate | An estate containing land and below a set value, administered by the Estate Distribution Unit under the Small Estates (Distribution) Act 1955 [Act 98]. Read more |
Q
| Term | English | Meaning |
|---|---|---|
| Qabd | Taking possession (qabd) | Delivery of possession. A gift is complete with offer, acceptance and delivery; an undelivered gift remains part of the estate. Read more |
| Qabul | Acceptance (qabul) | The groom's acceptance answering the offer. Offer and acceptance must be clear, continuous and not time-limited. Read more |
| Qada | Making up (qada) | Making up missed prayers or fasts, e.g. fasts missed because of menstruation. Read more |
| Qarinah | Circumstantial evidence (qarinah) | Indications or surrounding facts that support a claim. Read more |
| Qaul jadid | New view (qaul jadid) | Imam al-Shafi'i's views after he moved to Egypt, which became the school's main position. His earlier views in Iraq are the qaul qadim. Read more |
| Qazaf | False accusation of zina (qazaf) | Accusing someone of zina without four witnesses. It is a major sin. |
| Qiwamah | Husband's leadership (qiwamah) | The husband's leadership of the household (an-Nisa' 4:34). It is a trust and a duty to provide, not a power to oppress. See also Qawwam. Read more |
| Quazi | Quazi (Sri Lanka) | A judge or officer under Sri Lanka's Muslim marriage law who receives notices and hears family cases. Read more |
| Quru' | Quru' (menstrual cycles) | Periods of menstruation or purity (scholars differ) used to count the ʿiddah of a divorced woman who still menstruates: three quru' (al-Baqarah 2:228). The Syafi'i school counts periods of purity. Read more |
R
| Term | English | Meaning |
|---|---|---|
| Radd | Return of surplus (radd) | When there is a remainder and no residuary heir, it is returned to the fixed-share heirs proportionally. For the majority, a spouse does not share in it. Read more |
| Rang Undang-Undang | Bill (RUU) | A proposed law not yet passed by Parliament or the state legislative assembly. Read more |
| Rayuan | Appeal | Asking a higher court to change a decision — from the Syariah Subordinate Court to the Syariah High Court, and from there to the Syariah Court of Appeal. The decision date sets the time limit for appealing. Read more |
| Responden | Respondent | The party who answers an application in court. |
| Riba | Usury / interest (riba) | A forbidden increase in a loan or exchange. Income from it is not lawful for supporting a family. Read more |
| Rukhsah | Concession (rukhsah) | An easing of a rule granted by the Sharia in certain situations. |
| Rukun nikah | Pillars of marriage | The elements without which a marriage is invalid. In the Syafi'i school there are five: groom, bride, wali, two witnesses and the contract wording. If one is missing, the contract is void. Read more |
| Rumah tangga | Household / married life | The life of husband, wife and children as one family. In polygyny each wife has her own household. |
| Rusyd | Maturity of judgment (rusyd) | Maturity in managing oneself and one's property — more than mere puberty. |
S
| Term | English | Meaning |
|---|---|---|
| Sah taraf | Legitimate | A child born within a valid marriage. All legitimate children inherit from their father regardless of which wife is their mother. Read more |
| Sahih | Authentic (sahih) | The highest grade of hadith: an unbroken chain of upright, accurate narrators, without defect. Read more |
| Saksi nikah | Marriage witnesses | Two upright Muslim men who witness the contract (Syafi'i school). The other schools differ on the conditions for witnesses. Read more |
| Saman | Summons | A court document calling someone to appear on a set date. Read more |
| Saman penghutang penghakiman | Judgment debtor summons | A summons calling the person who owes money under a court order to be examined on their ability to pay. Read more |
| Saringan HIV | HIV screening | A test required by state Islamic administrations in Malaysia before permission to marry. A positive result does not remove the right to marry, but the couple are counselled. Read more |
| Saudara sebapa | Paternal half-sibling | A sibling sharing the father but not the mother — for example children of different wives in a polygynous family. Read more |
| Saudara seibu | Maternal half-sibling | A sibling sharing the mother but not the father. Their inheritance share is set in an-Nisa' 4:12. Read more |
| Saudara seibu sebapa | Full sibling | A brother or sister sharing both parents. In faraid their position differs from half-siblings. Read more |
| Sedekah | Voluntary charity | A voluntary gift for good. Spending on one's own family also counts as charity and is rewarded. Read more |
| Serahan | Service of documents | Formally delivering a summons or court papers to the other party so they know about the case. Read more |
| Si mati | The deceased | The person who has died, whose property is divided as an estate. Read more |
| Sighah | Contract wording (sighah) | The spoken offer and acceptance — one of the five pillars of marriage. Read more |
| Sijil Faraid | Faraid certificate | A Syariah Court certificate stating the heirs and their shares in an estate. Read more |
| Sijil nikah | Marriage certificate | The official record of a registered marriage, showing the dower, wali, witnesses and taklik. Keep a copy where both spouses know to find it. Read more |
| Silaturahim | Ties of kinship | Keeping and caring for family ties. Neither conversion nor divorce cuts them. Read more |
| Sumpah | Oath | Swearing by Allah, in court or in an affidavit, that something is true. Read more |
| Sunat | Recommended (sunat) | What is encouraged: rewarded if done, not sinful if left. Sunat muakkad is a strongly emphasised Sunnah. |
| Sunnah | Sunnah | The words, deeds and approvals of the Prophet ﷺ — the second source of law after the Qur'an. Read more |
| Susuan | Milk kinship (radha'ah) | Kinship created by breastfeeding, which makes people mahram as blood kinship does. The Syafi'i school requires at least five separate, filling feeds before the baby is two lunar years old. Read more |
| Syafi'i | Syafi'i school | The school founded by Imam al-Shafi'i — widely followed in Southeast Asia, including Malaysia, and the default on this site. Read more |
| Syahadah | Testimony (syahadah) | A person's testimony in court about what they know. Read more |
| Syarat dalam akad | Stipulations in the marriage contract | Extra commitments agreed at the contract beyond its pillars, e.g. that the wife stays in her home state. The Hanbali school holds them valid and binding; the majority treat some of them as void while the marriage itself stands. Read more |
| Syarat lazim | Binding condition | A binding condition that is not a condition of validity: if it is not met the contract stands, but the party entitled may claim his or her right. For the majority of scholars, kafa'ah is such a condition. Read more |
| Syarat sah | Condition of validity | A condition attached to each pillar. If it is not met, the contract is invalid even if every pillar appears to be present. Read more |
| Syiqaq | Persistent discord (syiqaq) | Continuing discord between spouses. The way forward is to appoint arbiters (an-Nisa' 4:35), not to cut off maintenance. Read more |
| Syubhah | Doubtful (syubhah) | Something whose lawfulness is unclear. Avoiding it is safer for one's religion. Read more |
T
| Term | English | Meaning |
|---|---|---|
| Ta'addud az-zawjat | Plurality of wives | The Arabic term for polygyny — having more than one wife, up to four. Read more |
| Ta'aruf | Getting acquainted (ta'aruf) | The process of getting to know a prospective spouse within the limits of the Sharia, usually with the families aware. Read more |
| Tabung Haji | Tabung Haji | Lembaga Tabung Haji — the savings institution for the hajj. |
| Tafsir | Qur'anic exegesis (tafsir) | Scholars' explanation of the meaning of the Qur'an. Read more |
| Takaful | Takaful (Islamic insurance) | Protection based on mutual contribution and help. A nominee may receive either as a gift recipient or as an executor; the nomination form decides which. Read more |
| Takharuj | Voluntary relinquishment (takharuj) | An heir voluntarily giving up part of his share to another heir after knowing his true share. A child heir's share cannot be given up. Read more |
| Takhayyur | Selecting among schools (takhayyur) | Choosing a view from another school when it better serves the public good. Malaysian Islamic family law does this in some provisions. Read more |
| Takhyir | Child's choice (takhyir) | Letting a child who has reached discernment choose to live with the mother or the father. It rests on a hadith of Abu Hurairah; scholars differ on when and how it applies. Read more |
| Taklik tambahan | Additional taklik | A conditional pronouncement added by the couple beyond the state's standard taklik, for example on polygyny. It must be drafted clearly and endorsed by the registrar. Read more |
| Talak bid'i | Innovated divorce (talak bid'i) | A divorce pronounced during menstruation or post-natal bleeding, or in a period of purity in which there has been intercourse. It is sinful but still takes effect according to the majority. Read more |
| Talak di luar mahkamah | Out-of-court divorce | A divorce pronounced without the court's permission. It is an offence (Act 303 s.124), and the husband must report it to the court within seven days so the court can decide whether it is valid (s.55A). Read more |
| Talak sunni | Divorce in accordance with the Sunnah | A divorce pronounced while the wife is in a state of purity in which there has been no intercourse. Read more |
| Talak tafwid | Delegated divorce (talak tafwid) | The husband delegates the power of divorce to the wife. In Pakistan and Bangladesh it can be recorded in the nikahnama to protect the wife. Read more |
| Triple talaq | Third / triple divorce | The third divorce. After it, the former wife is not lawful to that husband until she marries another man in a genuine marriage that later ends (al-Baqarah 2:230). For the majority, three pronounced at once count as three. Read more |
| Talian HEAL | HEAL line | The Ministry of Health Malaysia line 15555 for mental-health support. Read more |
| Talian Kasih | Talian Kasih helpline | The helpline 15999 for advice and referral in cases of abuse, domestic violence and family crisis. Read more |
| Tamkin | Making oneself available (tamkin) | The wife making herself available to her husband. The Syafi'i and Hanbali schools link the right to maintenance with tamkin; the Hanafi school links it with her living in his home. Read more |
| Tarbiyah | Upbringing (tarbiyah) | Raising and forming a child in faith, character and knowledge, starting at home. Read more |
| Ta'rid | Indirect proposal (ta'rid) | A proposal by hint, e.g. "I am looking for a righteous wife". Its opposite is tasrih, an explicit proposal. Read more |
| Tauliah | Official authorisation (tauliah) | Official authorisation from a state Islamic religious authority, for example to a marriage officiant, religious teacher or Syarie lawyer. Read more |
| Accommodation | Accommodation (maskan) | Part of a wife's maintenance. In polygyny each wife is entitled to her own home. A divorced wife may stay in the marital home in certain circumstances (Act 303 s.71). Read more |
U
| Term | English | Meaning |
|---|---|---|
| Umariyyatain | The two Umar cases | Two inheritance cases (a spouse with mother and father only) in which the mother takes one third of the remainder — Umar's ruling accepted by the majority. Read more |
| Undang-undang status peribadi | Personal status law | Family law (marriage, divorce, maintenance, custody, inheritance) in most Arab and Muslim countries. Read more |
| Undian musafir | Drawing lots for travel | When a husband travels with only one wife, the Sunnah is to draw lots among the wives. Read more |
| Uruf | Custom (uruf) | Custom accepted by society and not contrary to the Sharia, e.g. matrimonial property in Malay custom. Read more |
W
| Term | English | Meaning |
|---|---|---|
| Wajib | Obligatory (wajib) | What is strictly required: rewarded if done, sinful if neglected. |
| Wakaf | Endowment (waqf) | Dedicating property to a permanent charitable use; the asset itself cannot be sold or inherited. |
| Wakalah | Proxy (wakalah) | Appointing someone to act on one's behalf. In a marriage, the wali commonly appoints the officiant to pronounce the offer. Read more |
| Wakil diri | Personal representative | The person lawfully representing a deceased's estate, such as an executor or administrator, who can sue or be sued for it. |
| Wali ab'ad | More distant guardian | A more distant guardian in the kinship order. The right passes to him when the nearest guardian is not qualified, for example insane or not yet of age. Read more |
| Wali aqrab | Nearest guardian | The nearest guardian in the order of kinship guardians. While he is qualified and present, the right to give the bride in marriage is his. Read more |
| Wali mujbir | Compelling guardian (wali mujbir) | A father or paternal grandfather who, in the Syafi'i school, may give his never-married daughter in marriage without her permission under strict conditions. Asking her consent is still expected, and forced marriage contradicts the hadith. Read more |
| Wali nasab | Guardian by kinship | A marriage guardian from the bride's male relatives on her father's side, in order: father, paternal grandfather, brothers and so on. Read more |
| Wali Raja | Wali Raja (guardian appointed by the Ruler) | A guardian authorised by the Ruler (or the Yang di-Pertuan Agong for the Federal Territories and some states) to give in marriage a woman who has no kinship wali, or whose wali cannot be found or refuses without sufficient reason (Act 303 s.2 and s.13). Read more |
| Walimah | Wedding feast (walimah) | The wedding feast, encouraged in the Sunnah. It announces the marriage and need not be costly. Read more |
| Waris | Heir | A person entitled to inherit from the deceased through blood or marriage. Read more |
| Warta | Gazette | The official government publication. Laws and amendments take effect after being gazetted, on the date set. Read more |
| Wasi | Executor (wasi) | The person appointed to carry out the will and manage the estate for those entitled. A Muslim EPF nominee receives the money as an executor. Read more |
| Wasiat wajibah | Obligatory bequest | A compulsory bequest to grandchildren whose father died first. The majority of classical schools do not accept it, but some state wills enactments provide for it. Read more |
Z
| Term | English | Meaning |
|---|---|---|
| Zakat | Zakat | The duty to give a portion of qualifying wealth to the eligible categories. A husband cannot give his zakat to his wife, since her maintenance is already his duty. Read more |
| Zihar | Zihar | A husband likening his wife to his mother (or another mahram) as forbidden to him. It is forbidden, and he must perform an expiation before resuming relations (al-Mujadilah 58:2–4). Read more |
| Zina | Adultery / fornication (zina) | Sexual intercourse between a man and a woman not validly married to each other. It is a major sin. |
Sources & references
For the latest rules, please refer to the Syariah Court or your state Islamic religious office.
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