MERAPATKAN JURANG ANTARA UNDANG-UNDANG DAN KEADILAN: ANALISIS KEBERKESANAN REMEDI UNDANG-UNDANG TERHADAP WANITA ISLAM DALAM KES PEMUNGKIRAN JANJI PERTUNANGAN MENURUT PERSPEKTIF MAQASID AL-SHARIAH DI BAWAH SISTEM DWI-KEHAKIMAN MALAYSIA

(Bridging the Gap Between Law and Justice: Evaluating the Effectiveness of Legal Remedies for Muslim Women in Breach of Engagement Cases through the Lens of Maqasid al-Shariah under Malaysia's Dual Legal System)

Abstract

This article examines the effectiveness of legal remedies available to Muslim women in cases of breach of engagement under Malaysia's dual legal system. Although breach of engagement has been discussed from the perspectives of Islamic family law and civil law, limited scholarship has comparatively evaluated the effectiveness of existing legal remedies through the analytical framework of maqasid al-shariah and the principle of substantive justice. This study therefore aims to analyse the scope and nature of legal remedies available before the Syariah Courts and Civil Courts, and to evaluate their effectiveness in protecting the rights, dignity, and legitimate interests of Muslim women. Employing a qualitative research design, the study adopts doctrinal legal analysis, socio-legal case analysis, and Islamic normative analysis by examining relevant statutory provisions, classical and contemporary fiqh principles on engagement and conditional gifts, as well as selected judicial decisions. The findings demonstrate that although legal remedies are formally recognised within both legal systems, their practical application reflects a form of legal minimalism in which formal legal recognition is not matched by substantive protection against the actual harms suffered by affected women. Consequently, the existing legal framework remains insufficiently responsive to financial loss, emotional harm, and the protection of women's dignity, thereby falling short of the broader objectives of maqasid al-shariah. This study contributes to the advancement of Islamic family law scholarship by positioning maqasid al-shariah as an evaluative framework for assessing legal remedies within Malaysia's dual legal system, while providing a normative basis for strengthening substantive justice and legal protection for Muslim women in breach of engagement disputes.