The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position

Most of the Muslim countries are parties to CEDAW and as parties they are bound by the convention and have to make their laws to be in harmony with it. Nevertheless, laws, in particular family laws, in Muslim countries are founded on Islamic law. This paper finds that Muslim countries are in a very...

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Main Author:	Hamid, Abdul Ghafur@Khin Maung Sein
Other Authors:	Haneef, Sayed Sikandar Shah
Format:	Book Chapter
Language:	English
Published:	IIUM Press 2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/48517/ http://irep.iium.edu.my/48517/ http://irep.iium.edu.my/48517/1/48517_The%20application%20of%20CEDAW.pdf

id	iium-48517
recordtype	eprints
spelling	iium-485172017-03-07T02:45:32Z http://irep.iium.edu.my/48517/ The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position Hamid, Abdul Ghafur@Khin Maung Sein K Law (General) Most of the Muslim countries are parties to CEDAW and as parties they are bound by the convention and have to make their laws to be in harmony with it. Nevertheless, laws, in particular family laws, in Muslim countries are founded on Islamic law. This paper finds that Muslim countries are in a very difficult situation due to the incompatibility between CEDAW and Islamic law in a few fundamental areas. The present chapter makes an analysis of the reservations made by Muslim countries in search of a way out of this dilemma. The chapter mainly focuses on the application of CEDAW in selected Muslim countries, in particular, Malaysia. The chapter concludes that it is an extremely difficult and sensitive issue and that the solution will largely depend on the CEDAW Committee’s liberal interpretation of CEDAW’s principles of equality and non-discrimination to the extent that Muslim countries are able to comply with the fundamental precepts of Islamic law IIUM Press Haneef, Sayed Sikandar Shah Mohd Zin, Najibah Mahmud, Mek Wok 2016 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/48517/1/48517_The%20application%20of%20CEDAW.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2016) The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position. In: Issues on Harmonization of Human Rights in Islam. IIUM Press, Malaysia, pp. 231-256. ISBN 978-967-418-418-6 http://iiumpress.iium.edu.my/bookshop/issues-on-harmonization-of-human-rights-in-islam-2
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Hamid, Abdul Ghafur@Khin Maung Sein The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position
description	Most of the Muslim countries are parties to CEDAW and as parties they are bound by the convention and have to make their laws to be in harmony with it. Nevertheless, laws, in particular family laws, in Muslim countries are founded on Islamic law. This paper finds that Muslim countries are in a very difficult situation due to the incompatibility between CEDAW and Islamic law in a few fundamental areas. The present chapter makes an analysis of the reservations made by Muslim countries in search of a way out of this dilemma. The chapter mainly focuses on the application of CEDAW in selected Muslim countries, in particular, Malaysia. The chapter concludes that it is an extremely difficult and sensitive issue and that the solution will largely depend on the CEDAW Committee’s liberal interpretation of CEDAW’s principles of equality and non-discrimination to the extent that Muslim countries are able to comply with the fundamental precepts of Islamic law
author2	Haneef, Sayed Sikandar Shah
author_facet	Haneef, Sayed Sikandar Shah Hamid, Abdul Ghafur@Khin Maung Sein
format	Book Chapter
author	Hamid, Abdul Ghafur@Khin Maung Sein
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position
title_short	The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position
title_full	The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position
title_fullStr	The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position
title_full_unstemmed	The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position
title_sort	application of cedaw convention in muslim countries: special reference to the malaysian position
publisher	IIUM Press
publishDate	2016
url	http://irep.iium.edu.my/48517/ http://irep.iium.edu.my/48517/ http://irep.iium.edu.my/48517/1/48517_The%20application%20of%20CEDAW.pdf
first_indexed	2023-09-18T21:08:48Z
last_indexed	2023-09-18T21:08:48Z
_version_	1777411113699246080

The application of CEDAW Convention in Muslim countries: special reference to the Malaysian position

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