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Cross Boundary Marriage under Malaysian Family Law: Between a Dream of Life and Reality of Legal Requirements  [cached]
Anis Shuhaiza Bt Md Salleh,Noor ‘Aza Bt Ahmad
Journal of Politics and Law , 2010, DOI: 10.5539/jpl.v3n2p148
Abstract: The cross boundary marriage is not a new phenomenon particularly marriages involving Malaysians and Indonesians. It is not to question on happiness, love and affection but most importantly to highlight the reality when disputes arise. In this paper we will be highlighting the surrounding issues not only on the legality of the marriage itself but also on the issue of jurisdiction of the court and the rights of Malaysian wife in custody and maintenance. The discussion will be focusing on the provisions contained in the main statutes governing marriage and divorce matters in Malaysia, i.e. the Islamic Family Law (Federal Territories) Act 1984 (Act 303) and the Law Reform (Marriage and Divorce) Act 1976 (Act 164). At the end, authors will post suggestions for betterment and benefits of parties who might be thinking to have a cross boundary marriage.
Human Rights in Islamic Law
Abdel Wadoud Moustafa Moursi El-Seoudi
The Social Sciences , 2013, DOI: 10.3923/sscience.2012.683.688
Abstract: Undeniably, the Universal Declaration of Human Rights Charter adopted by the United Nations in December, 1948 is a great step forward in the history of United Nations in respect human rights issue. However, the rights enumerated therein characterized by deficiencies in conceptualization, flaws in formulation and injustices in application. Being subject to political agendas, economic pressure and culturally biased viewpoints, they often serve the interests of certain organizations and powerful special interest groups. As such, they carry the residues of colonialism and imperialism. This is clear from the ongoing suppression and atrocities inflicted on poor and weak nations without any effective measures being taken by these organizations for their defense and protection. Double standard is applied when it comes to the violation of human rights. Weak states are vigorously pursued whereas powerful are blatantly exempted from prosecution. Islam as a divine and universal guidance lies a comprehensive framework of values that embodies universal human rights which is free of bias and deal with the abuser of the human rights equally regardless the race, religion and color factors, hence provides a universal criterion for human rights. Therefore, this study attempts to analyze the issue of human rights from an Islamic perspective in the light of the purposes of the law and delineate the mechanism for their protection. Using both descriptive and analytical methods the research concludes that Islam provides a comprehensive and practical mechanism for protection of human rights which is just and of universal application, hence is the pioneer of human rights.
Gender Jihad: Muslim Women, Islamic Jurisprudence, and Women's Rights  [PDF]
Melanie P. Mejia
Kritike : an Online Journal of Philosophy , 2007,
Abstract: Muslim women's rights have been a topic of discussion and debate over the past few decades, and with a good reason. Islamic Law (Shariah) is considered by many as patriarchal and particularly oppressive to women, and yet there are also others-Muslim women-who have rigorously defended their religion by claiming that Islam is the guarantor par excellence of women's rights. A big question begs to be answered: is Islam particularly oppressive to women?The Qur'an has addressed women's issues fourteen hundred years ago by creating certain reforms to improve the status of women; however, these reforms do not seem to be practiced in Muslim societies today.1 How is this so? I contend that Islam, as revealed to Muhammad, is not oppressive to women; rather, its interpretation, in so far as it is enacted in the family laws and everyday living, is patriarchal and hence needs to be examined.2 The goal of this work is to discuss what the Qur'an says about certain problems which gravely affect Muslim women, specifically: 1. gender equality 2. polygamy 3. divorce and the concept of nushuz
Customers Satisfaction in Malaysian Islamic Banking
'Ismah Osman,Husniyati Ali,Anizah Zainuddin,Wan Edura Wan Rashid
International Journal of Economics and Finance , 2009, DOI: 10.5539/ijef.v1n1p197
Abstract: The development of the Islamic banks in Malaysia is increasingly challenging with more conventional banks participating and offering banking products and services based on Islamic principles after two decades of its establishment. Thus, it is very important for the players in the Islamic banking industry to better position themselves in order to confront and respond vigorously to the robustness of the global financial environment. This study is embarked on to identify the relative significance assigned to selection criteria in deciding a bank that has an Islamic banking system. More importantly, it would evaluate customer preference of the choices of a bank that is adapted from CARTER model. Secondly, it would investigate service quality and customer satisfaction between the full-pledged Islamic banks and the conventional banks offering Islamic banking products and services. It is hoped that the study would facilitate the management of the banks in developing their marketing strategies which is very important for the survival of the bank specifically due to intense competition arising from the foreign banks.
Children’s rights, international human rights and the promise of Islamic legal theory
D Olowu
Law, Democracy & Development , 2008,
Abstract: Dejo Olowu looks at religion and its socio-legal implications. He observes that there has been a noticeable growth in the number of writers exploring possible linkages between Islamic legal theory and an international human rights ethos. The article focuses on dimensions of Islamic legal theory pertaining to the rights of children and, more particularly, the potential of this theory to reinforce the understanding of children’s rights within the context of international human rights. While dealing with issues broadly, it evaluates Islamic legal understanding of the rights of the unborn child in some detail, arguing that the Sharia includes not only law but also religion and ethics, thus offering a multidimensional approach covering the total personality of the child. Moreover, Islam provides enforceable sanctions as well as religious and social measures to promote the welfare of the child. Islamic law, it is concluded, contains extensive provisions that can reinforce global advocacy for the promotion of the rights and welfare of children.
The Relationship Between Islamic Human Rights and the Maqasidic Approach
Hayatullah Laluddin,Amir Husin Mohd. Nor,Abdel Wadoud Moustafa Moursi El-Seoudi,Ibnor Azli Ibrahim,Ahmad Muhammad Husni,Anwar Fakhri Omar,Muhammad Adib Samsudin,Muhammad Nazir Alias,Abdul Basir Bin Mohamad
The Social Sciences , 2013, DOI: 10.3923/sscience.2012.111.116
Abstract: Undeniably, the Universal Declaration of Human Rights Charter adopted by the United Nation in December, 1948 is a great step forward in the history of United Nation in respect of human rights issue. However, the rights enumerated therein characterized by deficiencies in conceptualization, flaws in formulation and injustices in application. Being subject to political agendas, economic pressure and culturally biased view points, they often serve the interests of certain organizations and powerful special interest groups. As such they, carry the residues of colonialism and imperialism. Thus, it could be said that this is a clear plan from the ongoing suppression and atrocities inflicted on poor and weak nations without any effective measures being taken by these organizations for their defense and protection. Double standard is applied when it comes to the violation of human rights. Weak states are vigorously pursued and hunted whereas powerful countries are blatantly exempted from prosecution. Islam as a divine and universal guidance lies a comprehensive framework of values that embodies universal human rights which is free of bias and deals with the abusers of the human rights equally regardless their races, religions and also color factors hence provides a universal criterion for human rights. Therefore, this study attempts to analyze the issue of human rights from an Islamic perspective in the light of the maqasidic (higher purposes) of shariah and delineates the mechanism for protection of human rights. Using both descriptive and analytical methods, the research concludes that Islam provides a comprehensive and practical mechanism for protection of human rights which are appropriate for all nations and human beings.
Islamic Jurisprudence and the Primacy of Shariah  [cached]
Etim E. Okon
International Journal of Asian Social Science , 2013,
Abstract: The purpose of shariah like any other legal system is the maintenance of law and order. Society cannot achieve peace and prosperity without some form of social control. Outlawry can only lead to social disequilibrium. The focus of this paper is not the legal or juridical functions of the shariah, but the social and political dimensions of Islamic jurisprudence. Since the purpose for being of an Islamic state is the full implementation of the shariah, the aim of this study is to evaluate the nature and content of Islamic jurisprudence. The study will assess the compatibility or otherwise of Islamic jurisprudence with contemporary developments in international human rights and humanitarian law and the suitability or otherwise of implementing shariah law in a democratic and liberal society.
Women Perspective on Islamic Radicalism: A Malaysian Experience
Kamaruzaman Yusof,Badlihisham Mohd. Nasir,Mansoureh Ebrahimi,Abdul Basir Mohamad
The Social Sciences , 2013, DOI: 10.3923/sscience.2012.659.662
Abstract: The content of this study is a report prepared by a research group on the perspective of women on various issues related to Islamic radicalism, i.e., concept, phenomenon and Islamic societies. This study also examines women's level of understanding about Islam nature and the factors that led to radical behavior and effects of radical action. Results are presented based on 863 survey respondents amongst Muslim women who were selected from several states in Malaysia. Primary data collection was undertaken through a set of structured questionnaires. There are three significant findings from this study. First, this study found that women s understanding of Islam is comparatively lower than male respondents. This level of understanding has affected their perceptions of radical phenomena. Second, their perception on the phenomenon of radicalism is also lower than male respondents.
Islamic marriages in South Africa: Quo vadimus?
C. Rautenbach
Koers : Bulletin for Christian Scholarship , 2004, DOI: 10.4102/koers.v69i1.300
Abstract: Due to their potentially polygamous nature, Islamic marriages are not recognised in terms of South African law. The consequences of this non-recognition have been particularly unfair to Muslim women. Until 2000 a Muslim woman had no claim for loss of support if her husband was unlawfully killed. Even today she cannot claim maintenance from her husband after a divorce; she is not an intestate beneficiary after the death of her husband; can be compelled to give evidence against her husband in criminal proceedings and can not claim financial support during the course of her marriage. Since early times there have been calls for the recognition of Islamic marriages. The 1996 Constitution of South Africa protects, among other rights, cultural and religious rights and makes provision for the recognition of cultural and religious marriages by means of legislation. This article gives a brief historical overview regarding the position of Islamic marriages in South Africa. Thereafter the current position of Islamic marriages will be discussed, and finally a few comments regarding the future of Islamic marriages will be given.
"Child Divorce": A Break from Parental Responsibilities and Rights Due to the Traditional Socio-Cultural Practices and Beliefs of the Parents
M Bekink
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad , 2012,
Abstract: In a recent ground-breaking case the South African courts were for the first time requested to use their discretion to interfere in the parent-child relationship due to the traditional socio-cultural beliefs of the parents. In what has been described as "every parent's nightmare; the fancy of many teenagers", a 16 year-old schoolgirl from Milerton in the Western Cape asked to be "freed" from her parents to live semi-independently from them because of her unhappiness with the conservative manner in which her parents treated her. After considering the matter the judge assigned to the case granted her request to live semi-independently with a school friend and her family (called by the judge the host family) until she reaches the age of 18 (her majority). Her parents were accorded permission to have limited contact with her. This case represents an example of the difficulties involved when balancing the rights of a teenager against those of the parents in matters of socio-cultural practice and belief. In a multi-cultural society such as South Africa the case raises numerous serious questions for other families. For instance, what standards will a court use to determine if parents are too conservative in bringing up their children and what factors will be taken into account? How much freedom and autonomy should children be given? How will courts prevent children from misusing the system just to get what their friends have, and - the ultimate question - are the rights of children superior to the traditional rights of parents in matters of socio-cultural practice, with specific reference to their upbringing? In this context it is the aim of this contribution to focus primarily on the questions asked above. Possible solutions for striking a balance between the rights of children and their parents are explored. The submission is made that the best interests principle is still the most important factor to be taken into account when balancing or weighing competing rights and interests concerning children. The principle of the best interests of the child, the founding principle of children's rights, however, is anchored in the family, and any break between the two should be carefully considered. It is concluded that in an attempt to resolve disputes between parents and their children the relevant provisions of the Constitution and the Children's Act must be considered and must be balanced and tested in relation to each other for constitutional consistency and compliance. It is also submitted that caution should be taken by the legislative framework not to encourage children to break the parent-child relationship on a mere whim, as an overemphasis of children's rights might result in the dilution of the sense of the value of the family in society. KEYWORDS: "Child divorce"; parental responsibilities and rights; traditional socio-cultural practices and the beliefs of parents; best interests of the child' children's rights' conflict of rights within the family
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