Historical developments of financial rights after divorce in the Malaysian Islamic family law
Islamic family law plays a significant role in minimizing the unpleasant effects of the family break up faced by the divorced women and their children by protecting their rights to financial support after divorce. This study undertakes to discuss the historical development of the financial rights af...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Canadian Center of Science and Education
2009
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/3158/ http://irep.iium.edu.my/3158/1/Historical_development_of_financial_rights_after_divorce_in_the_Malaysian_family_law.pdf |
| _version_ | 1848776105675194368 |
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| author | Hasbullah@Abdullah, Muslihah Mohd Zin, Najibah |
| author_facet | Hasbullah@Abdullah, Muslihah Mohd Zin, Najibah |
| author_sort | Hasbullah@Abdullah, Muslihah |
| building | IIUM Repository |
| collection | Online Access |
| description | Islamic family law plays a significant role in minimizing the unpleasant effects of the family break up faced by the divorced women and their children by protecting their rights to financial support after divorce. This study undertakes to discuss the historical development of the financial rights after divorce applicable among the Muslims in the pre and post colonial periods, particularly with reference to the iddah maintenance, mut’ah, arrears of maintenance, and child maintenance. The study indicates that despite the provisions were inconformity with the Islamic principles, the applications were restricted and influenced by the Shafi’i madhhab. However, the amount of iddah maintenance and mut’ah were substantial taking into account the standard of living of the Malay society in the 15th and 16th century. This means that the welfare of the divorced women was taken care of since the codification of the Islamic law and its implementation in the Malay society. |
| first_indexed | 2025-11-14T14:24:48Z |
| format | Article |
| id | iium-3158 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:24:48Z |
| publishDate | 2009 |
| publisher | Canadian Center of Science and Education |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-31582023-05-08T07:49:44Z http://irep.iium.edu.my/3158/ Historical developments of financial rights after divorce in the Malaysian Islamic family law Hasbullah@Abdullah, Muslihah Mohd Zin, Najibah K Law (General) KBP173.25 Islamic law and other disciplines or subjects Islamic family law plays a significant role in minimizing the unpleasant effects of the family break up faced by the divorced women and their children by protecting their rights to financial support after divorce. This study undertakes to discuss the historical development of the financial rights after divorce applicable among the Muslims in the pre and post colonial periods, particularly with reference to the iddah maintenance, mut’ah, arrears of maintenance, and child maintenance. The study indicates that despite the provisions were inconformity with the Islamic principles, the applications were restricted and influenced by the Shafi’i madhhab. However, the amount of iddah maintenance and mut’ah were substantial taking into account the standard of living of the Malay society in the 15th and 16th century. This means that the welfare of the divorced women was taken care of since the codification of the Islamic law and its implementation in the Malay society. Canadian Center of Science and Education 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/3158/1/Historical_development_of_financial_rights_after_divorce_in_the_Malaysian_family_law.pdf Hasbullah@Abdullah, Muslihah and Mohd Zin, Najibah (2009) Historical developments of financial rights after divorce in the Malaysian Islamic family law. Journal of Asian Culture and History, 1 (2). pp. 148-157. ISSN 1916-9663 (O), 1916-9655 (P) http://www.ccsenet.org/journal/index.php/ach/article/view/3081 |
| spellingShingle | K Law (General) KBP173.25 Islamic law and other disciplines or subjects Hasbullah@Abdullah, Muslihah Mohd Zin, Najibah Historical developments of financial rights after divorce in the Malaysian Islamic family law |
| title | Historical developments of financial rights after divorce in the Malaysian Islamic family law |
| title_full | Historical developments of financial rights after divorce in the Malaysian Islamic family law |
| title_fullStr | Historical developments of financial rights after divorce in the Malaysian Islamic family law |
| title_full_unstemmed | Historical developments of financial rights after divorce in the Malaysian Islamic family law |
| title_short | Historical developments of financial rights after divorce in the Malaysian Islamic family law |
| title_sort | historical developments of financial rights after divorce in the malaysian islamic family law |
| topic | K Law (General) KBP173.25 Islamic law and other disciplines or subjects |
| url | http://irep.iium.edu.my/3158/ http://irep.iium.edu.my/3158/ http://irep.iium.edu.my/3158/1/Historical_development_of_financial_rights_after_divorce_in_the_Malaysian_family_law.pdf |