The problem of family disintegration: the imperative for heeding the soft side of Islamic law
Marriage breakdowns and family instability with their debilitating after-effects on women and children are the hallmark of greatly mechanized global community at present time. To remedy the situation, social scientists have diagnosed a multitude of variables as the precursor of the upward trends...
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| Format: | Conference or Workshop Item |
| Language: | English English |
| Published: |
2016
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| Online Access: | http://irep.iium.edu.my/52397/ http://irep.iium.edu.my/52397/ http://irep.iium.edu.my/52397/1/USIM%20Conf.pdf http://irep.iium.edu.my/52397/11/52397_Soft%20side%20of%20the%20law.pdf |
| Summary: | Marriage breakdowns and family instability with their debilitating after-effects on women and
children are the hallmark of greatly mechanized global community at present time. To remedy the
situation, social scientists have diagnosed a multitude of variables as the precursor of the upward
trends in marriage breakdowns and family disintegration. In Malaysian context, women`s financial
independence, easy access to multimedia and early marriage are among the factors which count
for the rising phenomenon of divorce even during the early years of marriage among Muslims. To
remedy the situation, marriage counselling, law reform and pre-marriage courses are mostly
emphasized by both mainstream legal scholars and women right activists. It is my considered
opinion that these formalistic approaches if not integrated with the soft side of Islamic law may
cause more marriage breakups than enhancing families. The bigger issues in terms of soft side of
Islamic law, such as marriage fidelity, sense of commitment to care for women and children, and
spousal mutual empathy and responsibility, may help a great deal in acculturating our social fabric
from early childhood to adolescence and through adulthood. The paper, therefore, argues for the
strategic use of the soft side of Islamic law in order to give effect and meaning to formalistic social
and legal measures to stabilize families and achieve social cohesion. |
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