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Haneef, Sayed Sikandar Shah

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Author-ID : 1204826

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Stabilizing Muslim Marriages: Some Reflections on Ethical Dimension of Family Law Reform Haneef, Sayed Sikandar Shah; Abdul Razak, Mohd Abbas Bin
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

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.Â 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.Â 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. Keywords: family disability and marriage breakdowns in Malaysia, ethical management.

Muslim Feminists` Reading of the Quran: A Juristic Analysis on Family Law Issues Haneef, Sayed Sikandar Shah; bt Mohd Yunus, Saidatolakma; Al-Fijawi, Mohammed Farid Ali
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : IAIN Samarinda

Muslim feminist movement represents an indigenous voice among the contemporary literature on women and family. Its main contention is that women in Muslim society are accorded less favourable treatment especially in terms of legal rights. To remedy the situation, feminist scholarship`s main argument is that there is a need for feminist-reading of the sacred texts so as to purge the juristic legacy of male-biased views and achieve justice and equality for Muslim women in contemporary families. One principal methodological framework for this idea to materialise is to embark on the re-reading of the Qur`an from the women`s perspective. In this context, this paper presents issue-based analysis of Amina Wadud`s reading of the relevant Qur`anic passages on family law matters and finds that in spite of its merits, its main handicap lies on its methodological flaws, both in terms of approach and outcome. Methodologically, it is regarded as selective and ultra-vires of Islamic methodology of legal reform. It terms of impact, it is suspected as being tainted with Western inspired assumptions of rights in terms of justice and equality between the genders. To overcome this impasse, the paper argues for a mediated holistic approach to harmonise relations between men and women in the family.Â Keywords: Family law, gender equality, justice, Muslim feminist.

Co-Authors Abdul Razak, Mohd Abbas Bin Al-Fijawi, Mohammed Farid Ali bt Mohd Yunus, Saidatolakma

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