A NEGLECT OF WIVES’ RIGHTS IN KELANTANESE SOCIETY: AN ANALYTICAL STUDY

Abstract

This study addresses the issue of neglecting the rights of wives in the Kelantan community in Malaysia, focusing on problems such as financial maintenance (nafkah), mistreatment, and lack of fairness in polygamy. It examines the impact of these issues on family stability and the psychological and social well-being of wives. Neglect in maintenance includes failing to provide basic needs, while mistreatment encompasses verbal abuse or harsh behavior. Additionally, the failure to ensure fairness in polygamy violates Islamic conditions and causes emotional harm to wives. The study highlights that the primary causes of such neglect stem from weak religious commitment, social norms that do not support women's rights, and husbands’ preoccupation with external relationships or work. The study explores Islamic texts and Kelantan's family laws, emphasizing the Family Law Enactment 2002, which imposes penalties such as fines and imprisonment on negligent husbands. Courts may also intervene to mandate financial support or improve treatment. It further outlines Islamic methods for disciplining negligent husbands, including advice, marital separation, and, in rare cases, symbolic non-harmful disciplinary actions. The study recommends enhancing wives' awareness of their legal and religious rights through awareness campaigns and workshops, and expediting judicial processes related to maintenance and marital neglect. It also stresses the importance of educational programs for husbands to improve mutual understanding and effectively enforce laws to ensure family stability and marital justice.