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Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia

Hamid, Abdul Ghafur@Khin Maung Sein (2013) Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia. In: Islam and international law: engaging self-centrism from plurality of perspectives. Brill's Arab and Islamic Law Series (7). Brill: Martinus Nijhoff Publishers, Leiden - Boston, pp. 290-308. ISBN 978-9900-04-23335-5 (hardback) 978-90-04-23336-2 (e-book)

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Abstract

The Convention on the Rights of the Child (CRC)1 is the most widely adopted international human rights treaty of the time, and almost all Muslim States are parties to the treaty. This contribution seeks to examine the issues and challenges that Muslim States are faced with in the imple­ mentation of the CRC. It first reviews the various reservations entered by Muslim States and distinguishes between those based on Islamic law (Sharī‘ah) and those based on domestic laws or national policies of the State concerned. The article then examines whether Islamic law is the main obstacle to an effective implementation of the CRC by Muslim States. The obser­ vation is made on the basis of the three alleged hard­core problems: Non­ discrimination, freedom of religion, and adoption. I will argue that most provisions of Islamic law are either consistent with or even contribute to children’s rights under the Convention and that while there are tensions between the two in certain areas, they are reconcilable. Special emphasis is placed on the Malaysian experience in the imple­ mentation of the Convention. Malaysia does not rely on Islamic law, but instead invokes domestic laws and national policies to enter reservations. There is a fundamental principle of treaty law to the effect that having contrary domestic laws is not a justification for a State not to comply with an international convention. As a result, it is recommended that Malaysia should consider withdrawing all the remaining reservations to the CRC, improving its national legal framework for the protection of the rights of the child, and acceding to the other human rights related international conventions.

Item Type: Book Chapter
Additional Information: 3163/33365
Uncontrolled Keywords: rights of children, Islamic law
Subjects: K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Prof. Dr. Abdul Ghafur Hamid
Date Deposited: 17 Dec 2013 16:15
Last Modified: 17 Dec 2013 16:15
URI: http://irep.iium.edu.my/id/eprint/33365

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