Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia

Islam has put much emphasis on the rights of woman and they are evidently been laid down in Al Quran (the Holy Book) and As Sunnah (the tradition of the Prophet Muhammad). Similarly in Malaysia where Islam is the religion of the Federation, the rights of Muslim woman are protected by virtue of Islam...

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Main Authors:	Md Hashim, Noraini, Che Soh @ Yusoff, Roslina,
Format:	Conference or Workshop Item
Language:	English English
Published:	2015
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/44586/ http://irep.iium.edu.my/44586/ http://irep.iium.edu.my/44586/1/4.8-Rights_of_A_Muslim_Woman_before_and_During_Marriage%2C_and_Upon_Divorce_as_Conferred_.pdf http://irep.iium.edu.my/44586/4/ABSTRACT_-_ASEAN_2015_CHALLENGES_AND_OPPORTUNITIES_-_6_JUNE_2015_-_THAILAND.pdf

id	iium-44586
recordtype	eprints
spelling	iium-445862018-12-19T08:25:43Z http://irep.iium.edu.my/44586/ Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia Md Hashim, Noraini Che Soh @ Yusoff, Roslina , KBP Islamic Law Islam has put much emphasis on the rights of woman and they are evidently been laid down in Al Quran (the Holy Book) and As Sunnah (the tradition of the Prophet Muhammad). Similarly in Malaysia where Islam is the religion of the Federation, the rights of Muslim woman are protected by virtue of Islamic Family Law Act and Enactments of each state. These Act and Enactments are the combination of the four school of thoughts’ opinions but majority of the provisions are based on the Shafie school of thoughts as adopted by the Malay Muslims. However, the rights of a woman can only be protected by the law subjected to the conditions that her marriage is valid and registered. The rights start with the entitlement to the gifts exchanged in the case if there is breach of engagement, followed by the rights during marriage namely to have dower, marriage gift and maintenance. Next will be the rights upon divorce i.e. deferred dower and marriage gift, accommodation, maintenance during period of reconciliation, consolatory gift and matrimonial property. This article is qualitative in nature. Besides referring to Al Quran and As Sunnah, reference will also be made to the Islamic Family Law (Federal Territories Act), Malaysia, referred journal, articles and decided and undecided cases. It is hope that this article will shed some light on the rights of Muslim woman in the context of before and during marriage and upon divorce as practise in Malaysia. 2015 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/44586/1/4.8-Rights_of_A_Muslim_Woman_before_and_During_Marriage%2C_and_Upon_Divorce_as_Conferred_.pdf application/pdf en http://irep.iium.edu.my/44586/4/ABSTRACT_-_ASEAN_2015_CHALLENGES_AND_OPPORTUNITIES_-_6_JUNE_2015_-_THAILAND.pdf Md Hashim, Noraini and Che Soh @ Yusoff, Roslina and UNSPECIFIED (2015) Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia. In: 7th International Conference on Humanities and Social Sciences, 5th-6th June 2015, BP Shamila Hotel Resort, Songkhla. http://fs.libarts.psu.ac.th/research/conference/proceedings-7/4/4.8-Rights%20of%20A%20Muslim%20Woman%20before%20and%20During%20Marriage,%20and%20Upon%20Divorce%20as%20Conferred%20.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Md Hashim, Noraini Che Soh @ Yusoff, Roslina , Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia
description	Islam has put much emphasis on the rights of woman and they are evidently been laid down in Al Quran (the Holy Book) and As Sunnah (the tradition of the Prophet Muhammad). Similarly in Malaysia where Islam is the religion of the Federation, the rights of Muslim woman are protected by virtue of Islamic Family Law Act and Enactments of each state. These Act and Enactments are the combination of the four school of thoughts’ opinions but majority of the provisions are based on the Shafie school of thoughts as adopted by the Malay Muslims. However, the rights of a woman can only be protected by the law subjected to the conditions that her marriage is valid and registered. The rights start with the entitlement to the gifts exchanged in the case if there is breach of engagement, followed by the rights during marriage namely to have dower, marriage gift and maintenance. Next will be the rights upon divorce i.e. deferred dower and marriage gift, accommodation, maintenance during period of reconciliation, consolatory gift and matrimonial property. This article is qualitative in nature. Besides referring to Al Quran and As Sunnah, reference will also be made to the Islamic Family Law (Federal Territories Act), Malaysia, referred journal, articles and decided and undecided cases. It is hope that this article will shed some light on the rights of Muslim woman in the context of before and during marriage and upon divorce as practise in Malaysia.
format	Conference or Workshop Item
author	Md Hashim, Noraini Che Soh @ Yusoff, Roslina ,
author_facet	Md Hashim, Noraini Che Soh @ Yusoff, Roslina ,
author_sort	Md Hashim, Noraini
title	Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia
title_short	Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia
title_full	Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia
title_fullStr	Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia
title_full_unstemmed	Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia
title_sort	rights of a muslim woman before and during marriage, and upon divorce as conferred by the islamic family law (federal territories act) 1984, malaysia
publishDate	2015
url	http://irep.iium.edu.my/44586/ http://irep.iium.edu.my/44586/ http://irep.iium.edu.my/44586/1/4.8-Rights_of_A_Muslim_Woman_before_and_During_Marriage%2C_and_Upon_Divorce_as_Conferred_.pdf http://irep.iium.edu.my/44586/4/ABSTRACT_-_ASEAN_2015_CHALLENGES_AND_OPPORTUNITIES_-_6_JUNE_2015_-_THAILAND.pdf
first_indexed	2023-09-18T21:03:22Z
last_indexed	2023-09-18T21:03:22Z
_version_	1777410771727155200

Rights of a Muslim woman before and during marriage, and upon divorce as conferred by the Islamic Family Law (Federal Territories Act) 1984, Malaysia

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