Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform

Codification of Islamic family law indeed has been one of the most effective ways of administering Islamic law in the modern time. It is obviously due to its many advantages including making the law certain, uniform and supposedly in tandem with the current needs of society in a modern setting, part...

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Main Author:	Haneef, Sayed Sikandar Shah
Format:	Article
Language:	English English
Published:	Routledge 2011
Subjects:	KBP173.25 Islamic law and other disciplines or subjects
Online Access:	http://irep.iium.edu.my/6783/ http://irep.iium.edu.my/6783/ http://irep.iium.edu.my/6783/1/Women-revised.doc http://irep.iium.edu.my/6783/2/women_and_malaysian.pdf

id	iium-6783
recordtype	eprints
spelling	iium-67832013-06-27T07:48:12Z http://irep.iium.edu.my/6783/ Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform Haneef, Sayed Sikandar Shah KBP173.25 Islamic law and other disciplines or subjects Codification of Islamic family law indeed has been one of the most effective ways of administering Islamic law in the modern time. It is obviously due to its many advantages including making the law certain, uniform and supposedly in tandem with the current needs of society in a modern setting, particularly in solving issues facing Muslim women in contemporary families. Nevertheless according to critics, this legislative measure has not been free of pitfalls and loopholes, which have pathetically worked against womens` welfare in many ways. In the Malaysian context, for examples, the most prominent allegation is the gender-bias feature of certain provisions of the applicable law. To remedy the situation, given the cultural sensitivity and moorings of different interest groups in the country, the approaches have been diverse. But by looking at the issue from a purely academic- nonpartisan perspective, one would assume that the problem is rooted in the way that the legislature has construed fiqh and codified it in the form of the existing statutes. In this paper, therefore, we attempt to analytically explore as to what to undo in the existing laws in order to make them more robust, effective and responsive to the need of Muslim women in the 21st century. Routledge 2011-06-17 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6783/1/Women-revised.doc application/pdf en http://irep.iium.edu.my/6783/2/women_and_malaysian.pdf Haneef, Sayed Sikandar Shah (2011) Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform. Journal of Social Welfare and Family Law , 33 (1). pp. 47-60. ISSN 0964-9069 http://irep.iium.edu.my/6783/2/women_and_malaysian.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP173.25 Islamic law and other disciplines or subjects
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects Haneef, Sayed Sikandar Shah Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform
description	Codification of Islamic family law indeed has been one of the most effective ways of administering Islamic law in the modern time. It is obviously due to its many advantages including making the law certain, uniform and supposedly in tandem with the current needs of society in a modern setting, particularly in solving issues facing Muslim women in contemporary families. Nevertheless according to critics, this legislative measure has not been free of pitfalls and loopholes, which have pathetically worked against womens` welfare in many ways. In the Malaysian context, for examples, the most prominent allegation is the gender-bias feature of certain provisions of the applicable law. To remedy the situation, given the cultural sensitivity and moorings of different interest groups in the country, the approaches have been diverse. But by looking at the issue from a purely academic- nonpartisan perspective, one would assume that the problem is rooted in the way that the legislature has construed fiqh and codified it in the form of the existing statutes. In this paper, therefore, we attempt to analytically explore as to what to undo in the existing laws in order to make them more robust, effective and responsive to the need of Muslim women in the 21st century.
format	Article
author	Haneef, Sayed Sikandar Shah
author_facet	Haneef, Sayed Sikandar Shah
author_sort	Haneef, Sayed Sikandar Shah
title	Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform
title_short	Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform
title_full	Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform
title_fullStr	Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform
title_full_unstemmed	Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform
title_sort	women and malaysian islamic family law: towards a women-affirming jurisprudential reform
publisher	Routledge
publishDate	2011
url	http://irep.iium.edu.my/6783/ http://irep.iium.edu.my/6783/ http://irep.iium.edu.my/6783/1/Women-revised.doc http://irep.iium.edu.my/6783/2/women_and_malaysian.pdf
first_indexed	2023-09-18T20:15:55Z
last_indexed	2023-09-18T20:15:55Z
_version_	1777407786743758848

Women and Malaysian Islamic Family Law: towards a women-affirming jurisprudential reform

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