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FAMILY LAW NON-MUSLIM IN MALAYSIA: SECOND EDITION (IIUM PRESS)

The second edition of Family Law (Non-Muslims) in Malaysia is generally an improved version from the. first edition which was published ten years ago and heavily referred to by law students as a textbook. It discusses the substantive family laws related to the non-Muslims in Malaysia which are based on the Law Reform (Marriage and Divorce) Act 1976- an􀀉 several other supplementary statutes. Besides updating the previous chapters on family law matters, the book updates the global concern on the appropriate law when dealing with family related disputes in the 21st century. The new topics on reconciliation and mediation are incorporated to emphasise the need for therapeutic intervention when dealing with personal relationships and encourage kindness even in the most difficult of circumstances which can have significant longer-term consequences and lead to higher levels of considerate behaviour. The philosophy of family, love and kindness must be well embraced by family law lawyers, judges and administrators of family law in the adjudication process. The book is jointly authored by family law lecturers at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. It will benefit not only students, academics and practitioners, but also those in the legal fraternity and those who have interest in non-Muslims' family law in Malaysia. Finally, this book could not have been published without a great deal of help and encouragement from many sources.

... Islamic University Malaysia ( IIUM ) . At present , she is a Professor at the Islamic Law Department , Ahmad Ibrahim Kulliyyah of Laws , IIUM . She was the Coordinator of the IIUM Legal Clinic . She lectures on Islamic jurisprudence and ...

Women in Muslim Family Law

Second Edition

This second edition of John L. Esposito's landmark book expands and updates coverage of family law reforms (in marriage, divorce, and inheritance) throughout the Middle East, North Africa, and South and Southeast Asia, and analyzes the diverse interpretation of Muslim family law, identifying shifts, key problems, and challenges in the twenty-first century.

... Islamic Law and Its Introduction in Pakistan . Karachi : Charagh - i - Rah , 1955 . Mehdi , Rubya . The Islamization of the Law in Pakistan . Richmond , Surrey , England : Curzon , 1994 . Menski , Werner F. “ The Reform of Islamic ...

Changing God's Law

The dynamics of Middle Eastern family law

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East.

Gender and Equality in Muslim Family Law

Justice and Ethics in the Islamic Legal Tradition

Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "

Justice and Ethics in the Islamic Legal Tradition Lena Larsen, Ziba Mir-Hosseini, Christian Moe, Kari Vogt. The first is that of twentieth - century shifts , both globally and locally , in the politics of religion ... MUSLIM FAMILY LAW.

The Islamic Marriage Contract

Case Studies in Islamic Family Law

This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts; historical instances; comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide.

This volume collects papers from many disciplines examining the Muslim marriage contract.

Muslim Family Law in Western Courts

This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

Elisa Giunchi. with the effect of furthering the heterogeneity of state Islamic law in those countries in which the criminal and fiscal system have been 'Islamicized'. Today, one century after Bryce and contrary to his predictions, Islamic ...

Marriage on Trial

A Study of Islamic Family Law

Taking an inter-disciplinary approach which straddles law, anthropology sociology and women's studies, Mir-Hosseini shows how women can turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.

Taking an inter-disciplinary approach which straddles law, anthropology sociology and women's studies, Mir-Hosseini shows how women can turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal ...

Muslim Family Law

Providing the English reader with an introductory guide to the major aspects of Islamic law, this text places particular emphasis on the tensions between Muslim and English law. It discusses the sources of Islamic law, family inheritance, and contract and commercial law

Providing the English reader with an introductory guide to the major aspects of Islamic law, this text places particular emphasis on the tensions between Muslim and English law.