Proposals by Sisters in Islam (SIS) Pertaining To Ṭalāq Issues: An Analysis from an Islamic Perspective (Cadangan Oleh Sisters in Islam (SIS) Mengenai Isu-Isu Ṭalāq; Satu Analisis Dari Perspektif Islam)

2017 ◽  
Vol 14 (2) ◽  
pp. 327-344
Author(s):  
Zuraidah Binti Kamaruddin ◽  
Saidatolakma Binti Yunus ◽  
Adibah Binti Abdul Rahim
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Women’S Rights ◽  
Governmental Organization ◽  
Islamic Perspective ◽  
All Solutions ◽  
Objective Understanding ◽  
Islamic Family Law ◽  
The Law

Abstract Sisters in Islam (SIS) is a Non-Governmental Organization in Malaysia. The group suggested that some existing laws in the Shariaah court be reformed to ensure that the Muslim women’s rights are protected under the law. Thus, the objective of this study is to analyze the proposed solutions by SIS on the selected issues related to the provisions of ṭalaq in the Islamic Family law that are implemented in the Shariaah court in Malaysia. Then, the paper gives clarification in relation to it from an Islamic perspective. In the selected issues pertaining to ṭalaq, the research found that SIS often comes up with their solutions without referring to any Qur’anic verses or the Hadith of the Prophet. Therefore, the researchers are in opinion that an analysis of SIS’s views on these selected issues should be done from an Islamic perspective. It is hoped that this study will provide an objective understanding on the issues of ṭalaq from a correct perspective. In providing solutions and suggestions, SIS must refer to Maqasid al-Shariaah. All solutions and recommendations must be parallel with the Qur’an and Hadith.  Keywords: Sisters in Islam (SIS); analysis, ṭalāq, divorce, Maqasid al-Shariaah, Islamic perspective. Abstrak Sisters in Islam (SIS) adalah sebuah Pertubuhan Bukan Kerajaan di Malaysia. Kumpulan itu mencadangkan beberapa undang-undang yang ada di mahkamah Syariah diubah untuk memastikan hak-hak wanita Islam dilindungi di bawah undang-undang. Oleh itu, objektif kajian ini adalah untuk menganalisis cadangan yang dicadangkan oleh SIS mengenai isu-isu terpilih yang berkaitan dengan peruntukan-peruntukan undang-undang keluarga Islam yang dilaksanakan di mahkamah Syariah di Malaysia. Kemudian, kajian ini memberikan penjelasan berhubung dengannya dari perspektif Islam. Dalam isu-isu terpilih yang berkaitan dengan ṭalāq, kajian ini mendapati bahawa SIS sering memberi penyelesaian tanpa merujuk kepada ayat-ayat Al-Quran atau Hadis Nabi. Oleh itu, para penyelidik berpendapat bahawa analisis pandangan SIS mengenai isu-isu terpilih ini harus dilakukan dari perspektif Islam. Diharapkan kajian ini akan memberikan pemahaman yang objektif mengenai isu-isu ṭalāq dari perspektif yang betul. Dalam menyediakan penyelesaian dan cadangan, SIS mesti merujuk kepada maqāṣid Shariaah. Semua penyelesaian dan cadangan mestilah selari dengan Al-Qur'an dan Hadis. Kata Kunci: Sisters in Islam (SIS), analisis, ṭalāq, talak, maqasid Shariaah, perspektif Islam.  

LEGAL RIGHTS AND WOMEN'S AUTONOMY: CAN FAMILY LAW REFORM IN MUSLIM COUNTRIES AVOID THE CONTRADICTIONS OF VICTORIAN DOMESTICITY?

Hawwa ◽  
2007 ◽  
Vol 5 (1) ◽  
pp. 33-54
Author(s):  
Danaya Wright
Keyword(s):  
Civil Society ◽  
Women's Rights ◽  
Family Law ◽  
Law Reform ◽  
Women’S Rights ◽  
Legal Change ◽  
Women’S Autonomy ◽  
Women's Autonomy ◽  
Muslim Countries ◽  
The Law

AbstractIn early- and mid-nineteenth century England, numerous law reformers targeted the law of coverture. Under this law married women lost custody of children, lost any property they brought, could not make a will or enter into a contract once they married, and they could not seek a divorce if their marriage broke down under the doctrine that husband and wife were a single unit before the law. The discourse of the reform debates, however, presented women as either violent and intemperate, and thus requiring the chains of coverture to keep them from bringing down the pillars of civil society. Or, they were seen as victims in sore need of the law's protection from violent and intemperate men. At no time were they viewed as legal agents, capable of exercising rights responsibly or as rational actors, who could be entrusted with the care and control of raising children single-handedly. But as the law changed to accommodate demands for women's rights, it is clear that women did not destroy civil society, nor have they attained equal power and autonomy with men. Thus, in looking at the reforms, and the forces that inhibited the reforms in Victorian England, we can begin to think more critically about how law reforms occur, how men and women are situated, and how barriers to equality frustrate legal change. With that history, I believe we are better situated to understand the demands for change in family law and women's rights in Muslim countries. Much of the rhetoric is ironically familiar. And I argue that knowledge of the pitfalls that threatened legal change in the Anglo-American west can help us avoid them in law reform arenas across the Muslim world. Of course, it is not simply that by learning our history we can hope not to repeat it. Rather, by understanding the complex interplay of reformist arguments and conservative pressures, we are better able to see beneath the rhetoric to the power structures inhibiting women's autonomy that lurk beneath the surface.

scholarly journals Politics of Piety: The Islamic Revival and the Feminist Subject / Women’s Rights and Islamic Family Law: Perspectives on Reform

1970 ◽  
pp. 110-114
Author(s):  
Max Weiss ◽  
Najla Hamadeh
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Cultural Anthropology ◽  
Building Blocks ◽  
Women’S Rights ◽  
Critical Philosophy ◽  
Islamic Revival ◽  
Islamic Studies ◽  
The Past ◽  
Islamic Family Law

Politics of Piety: The Islamic Revival and the Feminist SubjectAs interest continues to grow in what is occasionally called the global resurgence of religion, the importance of understanding and explaining the Islamic revival (al-sahwa al-islamiyya) has never been greater. Indeed, no longer the exclusive domain of scholars, students, and policymakers working in and around the Islamic world, the politics and practices of Islamism are now, suddenly,issues that matter to all. It is in this connection that Saba Mahmood’s Politics of Piety has already proved to stand as one of the most meaningful contributions to the field of Islamic studies over the past five years, with striking resonance across such disciplines as cultural anthropology, women’s studies, religion, and critical philosophy. Women’s Rights and Islamic Family Law: Perspectives on ReformRecently, Islam in general, and Islamic family law in particular, have been the object of much interest and research. The particular focus on family law is justified not only by the importance of families, the building blocks that constitute society and mold individuals, but also by the fact that Islamic family law is often the most resistant to change, as it is the hardest to disentangle from religious authority.

scholarly journals PEREMPUAN DALAM BINGKAI HAK ASASI MANUSIA DALAM HUKUM KELUARGA ISLAM

2016 ◽  
Vol 15 (1) ◽  
pp. 59
Author(s):  
Masnun Tahir
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Family Law ◽  
The Other ◽  
Women’S Rights ◽  
Special Focus ◽  
Religious Traditions ◽  
Other Hand ◽  
Islamic Family Law ◽  
The Relationship

This article intends to portray the idea that Islam came with the mission of returning for women’s right that have been looted and pillaged by men during the days of ignorance, in addition to showing that Islam elevate the dignity of women and give back rights that have been shattered and trampled by the domination of men and destroyed by the religious traditions and national fanaticism of a narrow group. With the specific terminology of family law concerning women’s right -a noble endeavor in itself- this article explains the relationship between maqasih sharia and human rights, with a special focus on the implementation of human rights. On the other hand this paper also analyses the implementation of women’s rights in Islamic family law.

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