scholarly journals RIGHTS OF WOMEN DURING PRE-MARRIAGE FROM QUR’ANIC PERSPECTIVES WITH CROSS-REFERENCE TO THE LAW IN MALAYSIA: AN ANALYSIS

2020 ◽  
Vol 5 (19) ◽  
pp. 01-09
Author(s):  
Nadzrah Ahmad ◽  
Rahmawati Mohd Yusoff ◽  
Mohammad Hidir Baharudin
Keyword(s):  
Women's Rights ◽  
Case Law ◽  
Women’S Rights ◽  
Cultural Interpretation ◽  
The Law ◽  
The Moment ◽  
Cross Reference ◽  
Rights Issues

Women’s rights issues have marked their spot as one of the most debated issues throughout the centuries. Whenever the issue is raised, the topic of marriage is the most highlighted concerning the discussion. Marriage is regularly portrayed as an “oppressive sphere” for women, with their rights being oppressed since the moment of pre-marriage, especially in Islam. However, further reflection on the issue has shown that Islamic matrimony liberates women, preserves their honor and place in society, and abolishes injustice when guided in principle from the Qur’an and the Sunnah of Prophet Muhammad (PBUH) which will be examined in this research. The paper will also analyse the issue in the law of Malaysia and supported by the case law if any. In addition, reference will also be made to the opinions of the scholars regarding the conflicting issue of the rights of women during pre-marriage. Regrettably, Muslims’ misunderstanding due to cultural interpretation and mispractice of original Islamic teachings have tainted the true Islamic ideal. It is hoped that the study may provide a clear reference and guideline regarding the rights of women during pre-marriage from both the Islamic and Malaysian laws as this topic is highly significant and beneficial to numerous parties in the present day.

Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on

2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Age Groups ◽  
Case Law ◽  
Family Court ◽  
Law Reform ◽  
Women’S Rights ◽  
Mena Region ◽  
Men And Women ◽  
Moroccan Family

AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.

Cry of Murder on Broadway

2020 ◽  
Author(s):  
Julie Miller
Keyword(s):  
New York ◽  
Women's Rights ◽  
Lydia Maria Child ◽  
Women’S Rights ◽  
Equal Rights ◽  
The Law ◽  
Social Upheaval ◽  
New Yorkers ◽  
Desperate Attempt

This book shows how a woman's desperate attempt at murder came to momentarily embody the anger and anxiety felt by many people at a time of economic and social upheaval and expanding expectations for equal rights. On the evening of November 1, 1843, a young household servant named Amelia Norman attacked Henry Ballard, a prosperous merchant, on the steps of the Astor House Hotel. Agitated and distraught, Norman had followed Ballard down Broadway before confronting him at the door to the hotel. Taking out a folding knife, she stabbed him. Ballard survived the attack, and the trial that followed created a sensation. Newspapers in New York and beyond followed the case eagerly, and crowds filled the courtroom every day. The prominent author and abolitionist Lydia Maria Child championed Norman and later included her story in her fiction and her writing on women's rights. Norman also attracted the support of politicians, journalists, and legal and moral reformers who saw her story as a vehicle to change the law as it related to “seduction” and to advocate for the rights of workers. This book describes how New Yorkers followed the trial for entertainment. Throughout all this, Norman gained sympathys, in particular the jury, which acquitted her in less than ten minutes. The book weaves together Norman's story to show how, in one violent moment, she expressed all the anger that the women of the emerging movement for women's rights would soon express in words.

scholarly journals Gender Inequality in Indonesia: Facts and Legal Analysis

2021 ◽  
Vol 7 (4) ◽  
pp. 445-458
Author(s):  
Novia Puspa Ayu Larasati
Keyword(s):  
Women Workers ◽  
Women's Rights ◽  
Social Life ◽  
Women’S Rights ◽  
Legal Analysis ◽  
The World ◽  
The Law ◽  
Shared Commitment ◽  
The Right ◽  
Male Workers

the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.

The “Incidental Relation” of Mother

2016 ◽  
Author(s):  
Tracy A. Thomas
Keyword(s):  
Nineteenth Century ◽  
Birth Control ◽  
Women's Rights ◽  
Reproductive Rights ◽  
Women’S Rights ◽  
Sexual Relations ◽  
Reproductive Control ◽  
The Law ◽  
Social Reformers

This chapter explores Elizabeth Cady Stanton’s views on women’s reproductive rights. It traces the voluntary motherhood movement among women’s rights activists and social reformers, which endorsed women’s singular right to choose sexual relations and procreation. Stanton took this concept a step further, advocating eugenic ideas of enlightened motherhood as a method of birth control. The chapter juxtaposes Stanton’s work for reproductive control against the abortion movement of the latter nineteenth century, which eventually criminalized abortion in all states. Following Stanton’s interest in the trial of Hester Vaughan for infanticide, the chapter reveals how Stanton used the trial to expose gendered inequalities of the law, including women’s exclusion as judges, lawyers, legislators, and jurors.

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 Women’s Rights and Colonization in The Short Story of The Jakarta Post

2020 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Ferdinal Ferdinal
Keyword(s):  
Short Stories ◽  
Gender Equality ◽  
Short Story ◽  
Women's Rights ◽  
Popular Media ◽  
Women’S Rights ◽  
Postcolonial Criticism ◽  
Almost All ◽  
Political Economic ◽  
Rights Issues

Right after the fall of Suharto’s regime, Indonesia has undergone tremendous changes in almost all aspects of life: political, economic, social, cultural, and possibly ideological lives. The changes bring new breaths to Indonesian future, especially in the area of women’s rights. This article discusses the issue of women’s rights in Indonesia based on a textual analysis. The purpose of this writing is to investigate the representation of women’s rights issues in some stories of The Jakarta Post, one of the most popular media which has also played an important role in popularizing and spreading such issues. Postcolonial criticism is used to see how the stories portray the issues of women’s rights, particularly gender equality and marginality. To study the issues, this analysis looks at two short stories: “Gender Equality” by Iwan Setiawan and “Street Smart Mom” by Eric Musa Piliang.  The two stories represent the fact that Indonesian women fight against colonization for their rights in some different ways, as a smart wife and a poor street mother. The stories signal that Indonesian women struggle to escape from colonization through some actions such as moving forward to the center of power by maintaining superiority against men and living their lives as they wish in spite of being poor.

scholarly journals Due to the absence of rules for the execution of Madliyah livelihood in the law of the Indonesian religion justice

2021 ◽  
pp. 186-198
Author(s):  
Edi Marsis ◽  
. Sudarsono ◽  
Ruba'i Masruchin ◽  
Siti Hamidah
Keyword(s):  
Women's Rights ◽  
Women’S Rights ◽  
Legal Basis ◽  
Legal Certainty ◽  
The Law ◽  
The Right

Provisions for the execution of the madliyah livelihood conditions in statutory regulations, especially in the provisions of Article 70 of Law Number 7 of 1989 concerning the Religion Courts as amended by Law Number 3 of 2006 and Law Number 50 of 2009, directly result in a lack of certainty. The law on the right to maintain madliyah livelihood also has direct implications for the trust of society, especially women, in the Religion Courts which should be able to defend women's rights and serve as a bridge to resolve issues of rights that should be obtained, namely madliyah livelihood after divorce. The execution of the wife's madliyah livelihood has implications for the judge's decision, namely: first, the judge does not have a legal basis regarding how the procedure for carrying out the execution that should be carried out for the process of executing the madliyah livelihood. Second, there is no complete regulation up to the implementation of decisions in regulating the rights to support the wife and children - one of which is the madliyah livelihood. Efforts to be able to provide legal certainty for executions at the Religion Courts can be done by completing regulations and building mechanisms.

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