The problem of family disintegration: the imperative for heeding the soft side of Islamic law

Haneef, Sayed Sikandar Shah (2016) The problem of family disintegration: the imperative for heeding the soft side of Islamic law. In: The 2nd International Convention on Islam, Science and Education (KONGSI '16), 6th Oct. 2016, Nilai, Seremban, Negeri Sembilan. (Unpublished)

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Abstract

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 of 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 count for the rising phenomenon of divorce even during the early years of marriage among Muslims. To remedy the situation, marriage counselling, 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 soft side of Islamic law may cause more marriage breakups than enhancing families. The bigger issues in terms of soft side of Islamic law, 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 social fabric from early childhood to adolescence and through adulthood. The paper, therefore, argues for the strategic use of the soft side of Islamic law in order to give effect and meaning to formalistic social and legal measures to stabilize families and achieve social cohesion.

Item Type:	Conference or Workshop Item (Plenary Papers)
Additional Information:	3049/52397
Uncontrolled Keywords:	soft side of Islamic law, marriage breakdowns, family cohesion
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:	21 Oct 2016 14:56
Last Modified:	22 May 2018 08:33
URI:	http://irep.iium.edu.my/id/eprint/52397

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