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Modern approaches to Islamic family law reform: the need for a balanced approach in the Malaysian context

Haneef, Sayed Sikandar Shah (2017) Modern approaches to Islamic family law reform: the need for a balanced approach in the Malaysian context. Journal of Islam in Asia, 14 (1). pp. 203-219. ISSN 1823-0970 E-ISSN 2289-8077

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Muslim women have been caught in a tag- of- war between the forces of preserving Muslim family identity and advocates of its reform along the line of gender equality and International Human Rights. Given the current socio-political milieu at the global arena, the horizons for this tension to evaporate seem dim anytime soon. Reacting to Western human rights criticisms of Islamic family law, the conservative camp regard any attempt at reforming Islamic family law as a naked invasion of Western imperialism on Muslim personal domain. Reform proponents, on the other hand, indict conservative interpretation of Islamic family law as the primary cause of women oppression in Muslim societies. Accordingly, they constantly endeavour to lobby for reform of Muslim family law using either international bills of rights or gender equality as the frameworks. Consequently, Muslim women`s rights in the family has become a matter of paradoxical exegeses. To break this deadlock, this paper argues for a mediated solution(wasatiyyah) by using critical content analysis of the two trends as a way forward for Shari`ah-based reform in Malaysia.

Item Type: Article (Journal)
Additional Information: 3049/58046
Uncontrolled Keywords: Women rights, Muslim reformist, conservative approach, critical analysis.
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Prof. Sayed Sikandar Shah Haneef
Date Deposited: 21 Aug 2017 11:36
Last Modified: 03 Jan 2018 12:44
URI: http://irep.iium.edu.my/id/eprint/58046

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