Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia

Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia

The Convention on the Rights of the Child (CRC)1 is the most widely adopted international human rights treaty of the time, and almost all Muslim States are parties to the treaty. This contribution seeks to examine the issues and challenges that Muslim States are faced with in the imple­ mentation of...

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Bibliographic Details
Main Author: Hamid, Abdul Ghafur@Khin Maung Sein
Format: Book Chapter
Language:English
Published: Brill: Martinus Nijhoff Publishers 2013
Subjects:
KZ Law of Nations
Online Access:http://irep.iium.edu.my/33365/
http://irep.iium.edu.my/33365/
http://irep.iium.edu.my/33365/1/1.pdf
id iium-33365
recordtype eprints
spelling iium-333652013-12-17T08:15:47Z http://irep.iium.edu.my/33365/ Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations The Convention on the Rights of the Child (CRC)1 is the most widely adopted international human rights treaty of the time, and almost all Muslim States are parties to the treaty. This contribution seeks to examine the issues and challenges that Muslim States are faced with in the imple­ mentation of the CRC. It first reviews the various reservations entered by Muslim States and distinguishes between those based on Islamic law (Sharī‘ah) and those based on domestic laws or national policies of the State concerned. The article then examines whether Islamic law is the main obstacle to an effective implementation of the CRC by Muslim States. The obser­ vation is made on the basis of the three alleged hard­core problems: Non­ discrimination, freedom of religion, and adoption. I will argue that most provisions of Islamic law are either consistent with or even contribute to children’s rights under the Convention and that while there are tensions between the two in certain areas, they are reconcilable. Special emphasis is placed on the Malaysian experience in the imple­ mentation of the Convention. Malaysia does not rely on Islamic law, but instead invokes domestic laws and national policies to enter reservations. There is a fundamental principle of treaty law to the effect that having contrary domestic laws is not a justification for a State not to comply with an international convention. As a result, it is recommended that Malaysia should consider withdrawing all the remaining reservations to the CRC, improving its national legal framework for the protection of the rights of the child, and acceding to the other human rights related international conventions. Brill: Martinus Nijhoff Publishers 2013-03 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/33365/1/1.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2013) Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia. In: Islam and international law: engaging self-centrism from plurality of perspectives. Brill's Arab and Islamic Law Series (7). Brill: Martinus Nijhoff Publishers, Leiden - Boston, pp. 290-308. ISBN 978-9900-04-23335-5 (hardback) 978-90-04-23336-2 (e-book) http://www.brill.com/islam-and-international-law
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KZ Law of Nations
spellingShingle KZ Law of Nations
Hamid, Abdul Ghafur@Khin Maung Sein
Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia
description The Convention on the Rights of the Child (CRC)1 is the most widely adopted international human rights treaty of the time, and almost all Muslim States are parties to the treaty. This contribution seeks to examine the issues and challenges that Muslim States are faced with in the imple­ mentation of the CRC. It first reviews the various reservations entered by Muslim States and distinguishes between those based on Islamic law (Sharī‘ah) and those based on domestic laws or national policies of the State concerned. The article then examines whether Islamic law is the main obstacle to an effective implementation of the CRC by Muslim States. The obser­ vation is made on the basis of the three alleged hard­core problems: Non­ discrimination, freedom of religion, and adoption. I will argue that most provisions of Islamic law are either consistent with or even contribute to children’s rights under the Convention and that while there are tensions between the two in certain areas, they are reconcilable. Special emphasis is placed on the Malaysian experience in the imple­ mentation of the Convention. Malaysia does not rely on Islamic law, but instead invokes domestic laws and national policies to enter reservations. There is a fundamental principle of treaty law to the effect that having contrary domestic laws is not a justification for a State not to comply with an international convention. As a result, it is recommended that Malaysia should consider withdrawing all the remaining reservations to the CRC, improving its national legal framework for the protection of the rights of the child, and acceding to the other human rights related international conventions.
format Book Chapter
author Hamid, Abdul Ghafur@Khin Maung Sein
author_facet Hamid, Abdul Ghafur@Khin Maung Sein
author_sort Hamid, Abdul Ghafur@Khin Maung Sein
title Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia
title_short Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia
title_full Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia
title_fullStr Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia
title_full_unstemmed Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia
title_sort muslim states and the implementation of the convention on the rights of the child: with special reference to malaysia
publisher Brill: Martinus Nijhoff Publishers
publishDate 2013
url http://irep.iium.edu.my/33365/
http://irep.iium.edu.my/33365/
http://irep.iium.edu.my/33365/1/1.pdf
first_indexed 2023-09-18T20:48:13Z
last_indexed 2023-09-18T20:48:13Z
_version_ 1777409818034700288

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