Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform

Modern Islamic family laws in the form of statutory codiﬁed ﬁqh, dated back to Ottoman Law of Family Rights 1917, supposedly was initiated with the prime purpose of overcoming certain juristic doctrines disfavoring women. Nevertheless, from the female perspective, such a statesponsored approach has...

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Main Authors:	Haneef, Sayed Sikandar Shah, Mahmud , Mek Wok
Format:	Article
Language:	English English
Published:	Walter de Gruyter GmbH & Co. KG 2011
Subjects:	KBP173.25 Islamic law and other disciplines or subjects
Online Access:	http://irep.iium.edu.my/6777/ http://irep.iium.edu.my/6777/2/Edgj_1360.pdf http://irep.iium.edu.my/6777/5/gj.2011.11.1.1360.pdf

id	iium-6777
recordtype	eprints
spelling	iium-67772013-06-27T07:45:24Z http://irep.iium.edu.my/6777/ Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform Haneef, Sayed Sikandar Shah Mahmud , Mek Wok KBP173.25 Islamic law and other disciplines or subjects Modern Islamic family laws in the form of statutory codiﬁed ﬁqh, dated back to Ottoman Law of Family Rights 1917, supposedly was initiated with the prime purpose of overcoming certain juristic doctrines disfavoring women. Nevertheless, from the female perspective, such a statesponsored approach has failed to ameliorate the conditions of women the world over on many aspects including methodological grounds, in spite of some progress towards such an end. The same assertions are made against various state Islamic family law enactments in the Malaysian context. To remedy the situation, given the cultural sensitivity and moorings of different interest groups in the country, the approaches have been diverse. Examining the issue from a purely academic, nonpartisan jurisprudential perspective also points to serious problems of methodology alongside with attitudinal ones. This paper argues that a paradigm shift from the current schoolbound cum eclectic approach to that of gender sensitive jurisprudential choice of the juridical views would be an alternative way to reform the law. Walter de Gruyter GmbH & Co. KG 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6777/2/Edgj_1360.pdf application/pdf en http://irep.iium.edu.my/6777/5/gj.2011.11.1.1360.pdf Haneef, Sayed Sikandar Shah and Mahmud , Mek Wok (2011) Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform. Global Jurist, 11 (1). pp. 1-15. ISSN 1934-2640
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP173.25 Islamic law and other disciplines or subjects
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects Haneef, Sayed Sikandar Shah Mahmud , Mek Wok Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform
description	Modern Islamic family laws in the form of statutory codiﬁed ﬁqh, dated back to Ottoman Law of Family Rights 1917, supposedly was initiated with the prime purpose of overcoming certain juristic doctrines disfavoring women. Nevertheless, from the female perspective, such a statesponsored approach has failed to ameliorate the conditions of women the world over on many aspects including methodological grounds, in spite of some progress towards such an end. The same assertions are made against various state Islamic family law enactments in the Malaysian context. To remedy the situation, given the cultural sensitivity and moorings of different interest groups in the country, the approaches have been diverse. Examining the issue from a purely academic, nonpartisan jurisprudential perspective also points to serious problems of methodology alongside with attitudinal ones. This paper argues that a paradigm shift from the current schoolbound cum eclectic approach to that of gender sensitive jurisprudential choice of the juridical views would be an alternative way to reform the law.
format	Article
author	Haneef, Sayed Sikandar Shah Mahmud , Mek Wok
author_facet	Haneef, Sayed Sikandar Shah Mahmud , Mek Wok
author_sort	Haneef, Sayed Sikandar Shah
title	Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform
title_short	Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform
title_full	Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform
title_fullStr	Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform
title_full_unstemmed	Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform
title_sort	women and malaysian islamic family law: exploring the gender sensitive path of jurisprudential reform
publisher	Walter de Gruyter GmbH & Co. KG
publishDate	2011
url	http://irep.iium.edu.my/6777/ http://irep.iium.edu.my/6777/2/Edgj_1360.pdf http://irep.iium.edu.my/6777/5/gj.2011.11.1.1360.pdf
first_indexed	2023-09-18T20:15:55Z
last_indexed	2023-09-18T20:15:55Z
_version_	1777407785880780800

Women and Malaysian Islamic Family Law: exploring the gender sensitive path of jurisprudential reform

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