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Financial support for women under Islamic Family Law in Bangladesh and Malaysia

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dc.FundingDetailsDeutsches Zentrum f�r Luft- und Raumfahrt RG242-11HNE
dc.FundingDetailsIn the case of Rustom Ali v Jamila Khatun (43 DLR 1991, HCD 301), the High Court Division of the Supreme Court revised the original rulings of the lower court and did not grant financial support during the marriage to the respondent as she was not staying with her husband in their marital home. The wife refused to cohabit and thus became a disobedient wife or nusyuz. The High Court did not deviate from the traditional concept of providing arrears of financial support unless the claim was based on a specific agreement or decree by a court. This was regardless of the fact that the husband exerted his sexual rights over the wife and controlled residence in the marital home. In this case, the wife refused to cohabit with her husband and thus became a disobedient wife or nusyuz, which was in this case regarded as a prima facie cause for not allowing financial support (Tahir, 1986; Tyabji, 1968).
dc.FundingDetailsPart of the research carried out for this article was made possible through the University of Malaya Research Grant (RG242-11HNE). The authors would also like to thank Ms. Aminah Abdul Hamid for her assistance in collecting the data and providing technical services.
dc.citedby2
dc.contributor.affiliationsFaculty of Economics and Muamalat
dc.contributor.affiliationsUniversity of Malaya (UM)
dc.contributor.affiliationsDhaka University
dc.contributor.affiliationsUniversiti Sains Islam Malaysia (USIM)
dc.contributor.affiliationsSports Centre University of Malaya
dc.contributor.authorAbdullah R.en_US
dc.contributor.authorMonsoor T.en_US
dc.contributor.authorJohari F.en_US
dc.contributor.authorRadzi W.M.en_US
dc.date.accessioned2024-05-29T01:58:25Z
dc.date.available2024-05-29T01:58:25Z
dc.date.issued2015
dc.description.abstractThis article looks at the application of Islamic Family Law through decisions of the courts on matters of financial support for Muslim women after divorce in Bangladesh and Malaysia. The selection of the two countries was deliberate in that both are former British colonies with Muslim majority populations. In addition, both have ratified the United Nation's Convention on the Elimination of All Forms of Discrimination on Women (CEDAW), with reservations. Comparative generalization is made, wherein selected cases of alimony in both countries are analysed. Although Bangladesh and Malaysia are both Muslim countries, there are differences and similarities in how the courts in both countries construe legal provisions in making rulings. The differences, as reflected in their decisions, are influenced by various factors, most notably relating to socio-cultural aspects. � 2015 Asian Center for Women's Studies, Ewha Womans University.
dc.description.natureFinalen_US
dc.identifier.doi10.1080/12259276.2015.1106853
dc.identifier.epage383
dc.identifier.issn12259276
dc.identifier.issue4
dc.identifier.scopus2-s2.0-84964735002
dc.identifier.spage363
dc.identifier.urihttps://www.scopus.com/inward/record.uri?eid=2-s2.0-84964735002&doi=10.1080%2f12259276.2015.1106853&partnerID=40&md5=7fce6885343838f393366072ddbca976
dc.identifier.urihttps://oarep.usim.edu.my/handle/123456789/9997
dc.identifier.volume21
dc.languageEnglish
dc.language.isoen_USen_US
dc.publisherTaylor and Francis Ltden_US
dc.relation.ispartofAsian Journal of Women's Studies
dc.sourceScopus
dc.subjectBangladeshen_US
dc.subjectDivorceen_US
dc.subjectLegal provisionsen_US
dc.subjectMalaysiaen_US
dc.subjectMuslim womenen_US
dc.subjectPost-divorce financial supporten_US
dc.subjectShariahen_US
dc.titleFinancial support for women under Islamic Family Law in Bangladesh and Malaysiaen_US
dc.typeArticleen_US
dspace.entity.typePublication

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