Access to justice: the human dignity of Muslim and women divorce in Malaysia
Despite the fact that the aim of the Shari'ah is to establish a healthy family unit through marriage, Islam does recognise divorce. Divorce is, however, couched in the context of important moral and human principles. Islam commands husbands and wives to consort with each other with kindness...
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| Format: | Book Chapter |
| Language: | English |
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IIUM Press and IIMU
2009
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| Online Access: | http://irep.iium.edu.my/4447/ http://irep.iium.edu.my/4447/ http://irep.iium.edu.my/4447/1/access_to_justice-_the_human_dignity_of_Muslim_women_and_divorce_in_Malaysia.pdf |
| Summary: | Despite the fact that the aim of the Shari'ah is to establish a healthy
family unit through marriage, Islam does recognise divorce.
Divorce is, however, couched in the context of important moral
and human principles. Islam commands husbands and wives to
consort with each other with kindness or to part from each other
with kindness. Divorce should not be a weapon llsed against
spouses, but a humane practice which is resorted to in exceptional
circumstances; i.e. when it is feared that the limit set by Allah
SWT will be transgressed. Notwithstanding Qur'anic affirmation
of equality and justice, rationality and strong moral exhortation,
women are suffering at the expense of men's abuse of divorce
laws. Despite reforms in legislation which has been passed in the
majority of Muslim countries to correct abuses in Muslim society,
there is widespread exploitation of divorce laws, and Malaysia is
no exception. |
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