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GENDER JUSTICE AND ISLAMIC FAMILY LAW REFORM IN MALAYSIA

Keywords: gender justice , Malay women , Islamic family law , Azharites , Muslim reformists

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Abstract:

The study discusses the changing perceptions toward gender justice insocio-legal context of Malay society. The transmission of Egyptianreformists’ ideas regarding gender justice to Malay society through the Azharites, increasing education provided to women as well as theinteraction between Malay intellectuals with Western civilization areamong the factors which had contributed to these changes. To conformwith the modern nation-state, the fiqh rules have been selectivelycodified and gradually drafted onto unified legal systems, inspired by a Western model. The transformation of fiqh rules to statutory law in the realm of family law were justified on the principale of judicious policy which enabled the rules to be changed, so as to conform with the changing modern Muslim society.

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