Gender justice and Islamic family law reform in Malaysia (IR)

The study discusses about the changing perceptions toward gender justice in sociolegal context of Malay society. The transmission of Egyptian reformists' ideas regarding gender justice to Malay society through the Azharites, increasing education provided to women as well as the interaction betw...

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Bibliographic Details
Main Author: Zanariah Noor
Format: thesis
Language:eng
Published: 2008
Subjects:
Online Access:https://ir.upsi.edu.my/detailsg.php?det=2674
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Summary:The study discusses about the changing perceptions toward gender justice in sociolegal context of Malay society. The transmission of Egyptian reformists' ideas regarding gender justice to Malay society through the Azharites, increasing education provided to women as well as the interaction between Malay intellectuals with Western civilization are among the factors which contributed to this changes. To conform with the modem nation-state, the jiqh rules have been selectively codified and gradually drafted onto unified legal systems, inspired by Western model. The transformation ofjiqh rules to statutory law in the realm of family law were justified on the principal of judicious policy which enabled the rules to be changed, so as to conform with the changing modem Muslim society. Such reforms however, were claimed insufficient to tackle the issue of patriarchal aspects of family which were regarded as highly disadvantageous to women, especially in the area of marriage,divorce and child custody.