A critique on the concept of Talaq under the Maldivian family law /
The alarmingly high rate of divorce in the Maldives is a peril to the very fabric of the Maldivian society. This fact was the incentive that led the Maldivian legislators to promulgate a new family law in the country. This new family law which came into force on the onset of July 2000, makes it obli...
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
| Published: |
Kuala Lumpur :
Kuliyyah of Laws, International Islamic University Malaysia,
2004
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| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
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| Summary: | The alarmingly high rate of divorce in the Maldives is a peril to the very fabric of the Maldivian society. This fact was the incentive that led the Maldivian legislators to promulgate a new family law in the country. This new family law which came into force on the onset of July 2000, makes it obligatory for every husband who wants to divorce his wife to seek prior judicial permission from the Court. In case he fails to abide by this legal provision, he will face a penalty of banishment to an island other than his own and mandatory confinement within this island for a term no more than six months or a fine not exceeding five thousand Rufiyaa. However, this useful penal deterrence is not adequate. Maldives clearly needs more objective measures to be integrated into its family law in order to curb the high rate of divorce. This can only be done if the legislators take into account those classical legal views from Shari 'ah which if successfully implemented, the divorce rate is highly expected to be eventual] y reduced. |
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| Item Description: | "A dissertation submitted in partial fulfillment of the requirement for the Degree of Master of Comparative Laws." -- On t.p. Abstract in English and Arabic. |
| Physical Description: | x, 127 leaves ; 30 cm. Also available on 3 1/2 in computer disk-converted into 4 3/4 in. computer optical disc. |
| Bibliography: | Includes bibliographical references [leaves 118-127]. |