Access to justice: the human dignity of Muslim and women divorce in Malaysia

Despite the fact that the aim of the Shari'ah is to establish a healthy family unit through marriage, Islam does recognise divorce. Divorce is, however, couched in the context of important moral and human principles. Islam commands husbands and wives to consort with each other with kindness...

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Main Author: Kamaruddin, Zaleha
Format: Book Chapter
Language:English
Published: IIUM Press and IIMU 2009
Subjects:
Online Access:http://irep.iium.edu.my/4447/
http://irep.iium.edu.my/4447/1/access_to_justice-_the_human_dignity_of_Muslim_women_and_divorce_in_Malaysia.pdf
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author Kamaruddin, Zaleha
author_facet Kamaruddin, Zaleha
author_sort Kamaruddin, Zaleha
building IIUM Repository
collection Online Access
description Despite the fact that the aim of the Shari'ah is to establish a healthy family unit through marriage, Islam does recognise divorce. Divorce is, however, couched in the context of important moral and human principles. Islam commands husbands and wives to consort with each other with kindness or to part from each other with kindness. Divorce should not be a weapon llsed against spouses, but a humane practice which is resorted to in exceptional circumstances; i.e. when it is feared that the limit set by Allah SWT will be transgressed. Notwithstanding Qur'anic affirmation of equality and justice, rationality and strong moral exhortation, women are suffering at the expense of men's abuse of divorce laws. Despite reforms in legislation which has been passed in the majority of Muslim countries to correct abuses in Muslim society, there is widespread exploitation of divorce laws, and Malaysia is no exception.
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spelling iium-44472011-09-13T08:12:28Z http://irep.iium.edu.my/4447/ Access to justice: the human dignity of Muslim and women divorce in Malaysia Kamaruddin, Zaleha HQ1101 Women. Feminism Despite the fact that the aim of the Shari'ah is to establish a healthy family unit through marriage, Islam does recognise divorce. Divorce is, however, couched in the context of important moral and human principles. Islam commands husbands and wives to consort with each other with kindness or to part from each other with kindness. Divorce should not be a weapon llsed against spouses, but a humane practice which is resorted to in exceptional circumstances; i.e. when it is feared that the limit set by Allah SWT will be transgressed. Notwithstanding Qur'anic affirmation of equality and justice, rationality and strong moral exhortation, women are suffering at the expense of men's abuse of divorce laws. Despite reforms in legislation which has been passed in the majority of Muslim countries to correct abuses in Muslim society, there is widespread exploitation of divorce laws, and Malaysia is no exception. IIUM Press and IIMU 2009 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/4447/1/access_to_justice-_the_human_dignity_of_Muslim_women_and_divorce_in_Malaysia.pdf Kamaruddin, Zaleha (2009) Access to justice: the human dignity of Muslim and women divorce in Malaysia. In: Muslim women in contemporary societies: reality and opportunities. IIUM Press and IIMU, Kuala Lumpur, pp. 39-54. ISBN 9789833855995 http://rms.research.iium.edu.my/bookstore/Products/109-wwwgooglecom.aspx
spellingShingle HQ1101 Women. Feminism
Kamaruddin, Zaleha
Access to justice: the human dignity of Muslim and women divorce in Malaysia
title Access to justice: the human dignity of Muslim and women divorce in Malaysia
title_full Access to justice: the human dignity of Muslim and women divorce in Malaysia
title_fullStr Access to justice: the human dignity of Muslim and women divorce in Malaysia
title_full_unstemmed Access to justice: the human dignity of Muslim and women divorce in Malaysia
title_short Access to justice: the human dignity of Muslim and women divorce in Malaysia
title_sort access to justice: the human dignity of muslim and women divorce in malaysia
topic HQ1101 Women. Feminism
url http://irep.iium.edu.my/4447/
http://irep.iium.edu.my/4447/
http://irep.iium.edu.my/4447/1/access_to_justice-_the_human_dignity_of_Muslim_women_and_divorce_in_Malaysia.pdf