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Azmi Mawaddah Rizz & Associates Specilize in All Islamic Family Law Services, Syariah Criminal Law and Islamic Wealth Management

Type of Service that you might need help with :

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Our Syariah
Legal Services

At Azmi Mawaddah Rizz & Associates,  we understand that family and relationship matters are deeply personal and require careful handling. Navigating a relationship breakdown can be both stressful and challenging. Our approach goes beyond offering personalized, practical, and pragmatic solutions. We are committed to providing our clients with empathy, patience, and discretion, ensuring that every sensitive issue is addressed with the utmost care and respect.we offer comprehensive Syariah legal assistance and representation in the following matters:

  • Betrothal in Islam (Pertunangan)
    Explanation of the significance of betrothal in Islamic law. Legal implications and cultural considerations.
  • Marriage in Islam (Nikah)
    Procedure and Formalities: Overview of the steps required before and during the marriage ceremony, ensuring compliance with Syariah law. Registration of Marriage: Legal requirements for registering a marriage under Islamic law in Malaysia or applicable jurisdiction.
  • Polygamous Marriages
    Legal framework for polygamous marriages in Islam. Conditions and procedures that must be fulfilled according to Syariah law.
  • Dissolution of Marriage in Islam
    Overview of the various methods by which marriage can be dissolved under Syariah law, with a focus on both mutual and contested forms.
  • Talaq (Divorce by Husband)
    Explanation of the process and types of talaq (revocable and irrevocable). Legal procedures and documentation required for a valid talaq. The waiting period (iddah) and rights of the wife post-divorce.
  • Khul' (Divorce Initiated by Wife with Compensation)
    Conditions under which a wife can seek khul'. Legal formalities and financial settlement (compensation to the husband).
  • Fasakh (Judicial Dissolution of Marriage)
    Grounds on which a wife may apply for fasakh (e.g., cruelty, desertion, failure to provide maintenance). The role of the Syariah court in annulling the marriage. Rights of both parties post-fasakh.
  • Lian (Mutual Oath of Accusation of Adultery)
    Process of lian, where the husband accuses the wife of adultery and both take oaths. Legal consequences, including automatic dissolution of the marriage and implications for custody of children.
  • Presumption of Death
    Conditions under which a spouse can apply for dissolution due to the presumption of death. Time frame and legal requirements for establishing the presumption of death under Islamic law.
  • Ancillary Claims in Islamic Divorce and Family Law
    Overview of the various ancillary matters that arise during and after the dissolution of a marriage under Syariah law.
  • Mutaah (Consolatory Gift)
    Definition and purpose of mutaah, a consolatory payment by the husband to the wife upon divorce. Legal grounds for claiming mutaah and how the amount is determined by the court.
  • Harta Sepencarian (Matrimonial Property)
    Explanation of harta sepencarian, the division of property acquired during the marriage. Legal process for the division of assets and what factors the court considers, such as contributions by both parties (financial and non-financial).
  • Hutang dalam Perkahwinan (Debts During Marriage)
    How debts incurred during the marriage are handled upon divorce. Determination of liability between spouses for debts, including loans or financial obligations taken during the marriage.
  • Legitimacy of Children (Pengesahan Nasab Anak / Sah Taraf)
    Legal principles concerning the legitimacy of children born during or after marriage. Implications for inheritance and child rights in cases where legitimacy is questioned.
  • Parental Maintenance (Nafkah Ibu Bapa)
    Legal obligations of children towards the financial support (maintenance) of their parents under Islamic law.
  • Children’s Maintenance (Nafkah Anak)
    Rights of children to financial support from parents post-divorce. Process of determining the amount of maintenance based on the needs of the child and the financial capacity of the parents.
  • Custody (Hadhanah)
    Legal principles guiding custody (hadhanah) of children post-divorce. Factors considered by the Syariah court in awarding custody and visitation rights, including the welfare of the child.
  • Adoption in Islam
    Legal framework and limitations of adoption in Islamic law (tabanni vs. kafalah). Rights of adopted children, including inheritance rights, and how they differ from biological children.
  • Inheritance (Faraid)
    Islamic inheritance law (faraid) and how it applies upon divorce or the death of a spouse. Process for distributing assets to heirs according to Syariah principles, including reserved shares for children, parents, and other relatives. Application for Sijil Faraid
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Islamic Wealth
Management

Introduction to wealth management principles in Islam, with a focus on ensuring wealth is

managed, preserved, and distributed in accordance with Syariah law.

​

Importance of aligning financial decisions with Islamic values and ethical principles.

Hibah Agreement

Definition and Purpose

Explanation of hibah as a voluntary transfer of property or wealth by the donor (alive) to a beneficiary without

expecting anything in return.

​

Legal Requirements

Conditions for a valid hibah agreement, such as the legal capacity of the donor and acceptance by the beneficiary.

​

Key Considerations:

  • Types of property that can be transferred through hibah.

  • Revocability of hibah under certain circumstances.

  • Benefits: Avoiding disputes over inheritance and ensuring the donor’s wishes are respected.

Will Writing

Definition and Purpose

An Islamic will is a legal declaration by a person regarding how their wealth should be distributed after their death.

​​

Syariah Law on Wills

  • A Muslim can only bequeath up to one-third of their estate through a will to non-heirs.

  • The remaining two-thirds must be distributed according to faraid (Islamic inheritance laws).

 

Importance of a Will

  • Ensures smooth distribution of wealth and prevents disputes.

  • Helps clarify intentions for family members and other beneficiaries.

​

Legal Procedure

  • Drafting a will in compliance with Syariah law.

  • Witness requirements and registration.

Matrimonial Property Agreement

Definition and Purpose

  • Agreement between spouses on how to divide matrimonial property (harta sepencarian) upon divorce or death.​

​

Legal Procedure

  • Identifying assets acquired during the marriage and distinguishing between matrimonial property and individually owned assets.

  • Consideration of both spouses' financial and non-financial contributions (e.g., homemaking).

​

Enforcement:

How the Syariah court enforces harta sepencarian agreements during divorce or upon the death of a spouse

"Sulh"

Mediation/Settlement Agreements : Facilitating amicable resolutions through mediation, in keeping with Syariah principles.

Syariah
Criminal Cases

Types of Syariah Criminal Offenses

  • Betrothal in Islam (Pertunangan)
    Explanation of the significance of betrothal in Islamic law. Legal implications and cultural considerations.
  • Marriage in Islam (Nikah)
    Procedure and Formalities: Overview of the steps required before and during the marriage ceremony, ensuring compliance with Syariah law. Registration of Marriage: Legal requirements for registering a marriage under Islamic law in Malaysia or applicable jurisdiction.
  • Polygamous Marriages
    Legal framework for polygamous marriages in Islam. Conditions and procedures that must be fulfilled according to Syariah law.
  • Dissolution of Marriage in Islam
    Overview of the various methods by which marriage can be dissolved under Syariah law, with a focus on both mutual and contested forms.
  • Talaq (Divorce by Husband)
    Explanation of the process and types of talaq (revocable and irrevocable). Legal procedures and documentation required for a valid talaq. The waiting period (iddah) and rights of the wife post-divorce.
  • Khul' (Divorce Initiated by Wife with Compensation)
    Conditions under which a wife can seek khul'. Legal formalities and financial settlement (compensation to the husband).
  • Fasakh (Judicial Dissolution of Marriage)
    Grounds on which a wife may apply for fasakh (e.g., cruelty, desertion, failure to provide maintenance). The role of the Syariah court in annulling the marriage. Rights of both parties post-fasakh.
  • Lian (Mutual Oath of Accusation of Adultery)
    Process of lian, where the husband accuses the wife of adultery and both take oaths. Legal consequences, including automatic dissolution of the marriage and implications for custody of children.
  • Presumption of Death
    Conditions under which a spouse can apply for dissolution due to the presumption of death. Time frame and legal requirements for establishing the presumption of death under Islamic law.
  • Ancillary Claims in Islamic Divorce and Family Law
    Overview of the various ancillary matters that arise during and after the dissolution of a marriage under Syariah law.
  • Mutaah (Consolatory Gift)
    Definition and purpose of mutaah, a consolatory payment by the husband to the wife upon divorce. Legal grounds for claiming mutaah and how the amount is determined by the court.
  • Harta Sepencarian (Matrimonial Property)
    Explanation of harta sepencarian, the division of property acquired during the marriage. Legal process for the division of assets and what factors the court considers, such as contributions by both parties (financial and non-financial).
  • Hutang dalam Perkahwinan (Debts During Marriage)
    How debts incurred during the marriage are handled upon divorce. Determination of liability between spouses for debts, including loans or financial obligations taken during the marriage.
  • Legitimacy of Children (Pengesahan Nasab Anak / Sah Taraf)
    Legal principles concerning the legitimacy of children born during or after marriage. Implications for inheritance and child rights in cases where legitimacy is questioned.
  • Parental Maintenance (Nafkah Ibu Bapa)
    Legal obligations of children towards the financial support (maintenance) of their parents under Islamic law.
  • Children’s Maintenance (Nafkah Anak)
    Rights of children to financial support from parents post-divorce. Process of determining the amount of maintenance based on the needs of the child and the financial capacity of the parents.
  • Custody (Hadhanah)
    Legal principles guiding custody (hadhanah) of children post-divorce. Factors considered by the Syariah court in awarding custody and visitation rights, including the welfare of the child.
  • Adoption in Islam
    Legal framework and limitations of adoption in Islamic law (tabanni vs. kafalah). Rights of adopted children, including inheritance rights, and how they differ from biological children.
  • Inheritance (Faraid)
    Islamic inheritance law (faraid) and how it applies upon divorce or the death of a spouse. Process for distributing assets to heirs according to Syariah principles, including reserved shares for children, parents, and other relatives. Application for Sijil Faraid

Legal Procedures in Syariah Criminal Cases

  • Steps in prosecuting and defending Syariah criminal cases, including the role of the prosecutor (Pendakwa Syarie) and defense attorney.

  • Burden of proof in Syariah criminal cases (often requiring a high level of evidence).

Punishments and Sentencing

  • Types of punishment in Syariah criminal law, including fines, imprisonment, caning (sebatan), and other penalties.

  • The role of rehabilitation and reconciliation in sentencing.

Defenses in Syariah

Criminal Cases

  • Common defenses available in Syariah criminal cases, such as mistaken identity, lack of evidence, or mitigating circumstances.

  • The role of repentance (taubah) and its legal significance in reducing or nullifying punishment.

Syariah Enforcement Agencies

  • Overview of enforcement bodies like the Religious Department (Jabatan Agama Islam).

  • Procedures for investigations, arrests, and detentions in Syariah criminal matters.

There Is No Lawyer More Eloquent Than the Heart.

Sylvain Maréchal (1788)

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51A, Jalan Badminton 13/29,

Tadisma Business Park,

Seksyen 13, 40100 Shah Alam, Selangor

amrassociates@gmail.com

Tel: 123-456-7890 / Fax: 123-456-7890

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