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Stabilizing muslim marriages: some reflections on ethical management of family law

Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas (2017) Stabilizing muslim marriages: some reflections on ethical management of family law. MAZAHIB: Journal of Islamic Legal Thoughts, 16 (1). pp. 33-50. ISSN 1829-9067 E-ISSN 2460-6588

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Marriage breakdowns and family instability with their debilitating after-effects on women and children are the hallmark of greatly mechanized global community at present time. To remedy the situation, social scientists have diagnosed a multitude of variables as the precursor for the upward trends in marriage breakdowns and family disintegration. In Malaysian context, women`s financial independence, easy access to multimedia and early marriage are among the factors which account for the rising phenomenon of divorce even during the early years of marriage among Muslims. To remedy the situation, marriage counseling, law reform and pre-marriage courses are mostly emphasized by both mainstream legal scholars and women right activists. It is my considered opinion that these formalistic approaches if not integrated with the emphasis on ethical side of Islamic law may cause more marriage breakups than enhancing families. The bigger issues in terms of ethical management of Muslim family, such as marriage fidelity, sense of commitment to care for women and children, and spousal mutual empathy and responsibility may help a great deal in acculturating our society from early childhood to adolescence and through adulthood. The paper, therefore, argues for the more concentrated ethical approach for addressing the underlying causes of marriage disability in order to give more effect and meaning to the existing formalistic social and legal measures by reforming Muslims` mindset and outlook towards family.

Item Type: Article (Journal)
Additional Information: 3049/58215
Uncontrolled Keywords: family disability and marriage breakdowns in Malaysia, ethical management.
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP469 Influence of other legal systems on Islamic law
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: 06 Sep 2017 08:59
Last Modified: 08 May 2018 13:00
URI: http://irep.iium.edu.my/id/eprint/58215

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