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Codification Of Islamic Family Law In Malaysia: The Contending Legal Intricacies

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dc.contributor.authorYusuf Abdul Azeezen_US
dc.contributor.authorLuqman Zakariyahen_US
dc.contributor.authorSyahirah Abdul Shukoren_US
dc.contributor.authorAhmad Zaki Sallehen_US
dc.date.accessioned2024-05-28T03:49:38Z
dc.date.available2024-05-28T03:49:38Z
dc.date.issued2016
dc.descriptionVolume:28 Issue:2en_US
dc.description.abstractThe Predominance School of Law in Malaysia today is the Madhhab Shafi‘i. However, several criticisms have been leveled against the exclusive reliance on this School of Law on the argument that it gives room for unnecessary restrictions of freedom, considers some tribes to be special and treats the females unfairly, especially in the matters of Islamic family laws related to polygamy, matrimonial property and divorce. The Religious Departments at various levels in Malaysia were also accused of ignoring this legal conundrum, like those inherited from the polygamous and divorce laws, which as perceived by many, could not only lead to exploitation of the women by irresponsible men but may also favours the husbands in matters of adjudication. This paper attempts to unveil the potential legal intricacies inherited from the Malaysian Family Law through a critical examination of the contending issues raised against it. Thus, such a kind of examination is not only expected to uncover the mix methods used in codifying these laws but, also, will appraise the extent of their compatibility or otherwise to the maqāsīd al-Sharīʿah (the objectives of Islamic Law) and the contemporary International Human Rights Law. In doing so, suggestion on how those laws could be improved upon in order to be in conformity with the objects of Islamic law and the human rights standard will be put forth.en_US
dc.identifier.epage1762
dc.identifier.issn1013-5316
dc.identifier.issue2
dc.identifier.spage1753
dc.identifier.urihttp://www.sci-int.com/Search?catid=66
dc.identifier.urihttps://oarep.usim.edu.my/handle/123456789/5124
dc.identifier.volume28
dc.language.isoen_USen_US
dc.publisherScience International, Lahore Pakistanen_US
dc.relation.ispartofScience Internationalen_US
dc.subjectCodification; Malaysia; Islamic Family Law; Shafi'i School of Law; International Human Rights Lawen_US
dc.titleCodification Of Islamic Family Law In Malaysia: The Contending Legal Intricaciesen_US
dc.typeArticleen_US
dspace.entity.typePublication

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