Addressing Unregistered Marriages in Malaysia: A Maqasid al-Shariah Approach to Legal Challenges and Women’s Protection

Unregistered marriages have emerged as a persistent socio-legal concern within the Muslim community in Malaysia, with significant implications for the rights and welfare of women and children. Women in such unions often face multiple challenges, including difficulties in claiming financial maintenance, child custody, division of matrimonial property, and post-divorce entitlements such as pensions. Moreover, children born from unregistered marriages frequently encounter obstacles in birth registration and obtaining legal identity documents, leading to downstream impacts on their access to education, healthcare, and inheritance rights. Anchored in the framework of Maqasid al-Shariah, this study analyses the root causes and consequences of unregistered marriages and proposes comprehensive legal and policy measures to address the issue. It emphasises the necessity of marriage validation through the Syariah Court, the re-registration of informal marriages, and stronger enforcement mechanisms to deter such practices. In addition, the study highlights the importance of premarital education and the proactive involvement of religious authorities in raising community awareness about the legal and moral repercussions of bypassing official marriage procedures. By situating the problem within the higher objectives of Islamic law, specifically preserving lineage (hifz al-nasl), protecting individual rights, and promoting social harmony, this article argues for an integrated approach that combines legal reforms, community engagement, and institutional accountability. It concludes that addressing unregistered marriages effectively requires the collaboration of couples, families, religious bodies, and legal institutions to uphold justice, protect women’s rights, and strengthen the integrity of the family institution in line with Maqasid al-Shariah.