HUKUM KELUARGA ISLAM ASIA TENGGARA KONTEMPORER : SEJARAH, PEMBENTUKAN, DAN DINAMIKANYA DI MALAYSIA

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Naily, Nabiela and Riza, Kemal (2013) HUKUM KELUARGA ISLAM ASIA TENGGARA KONTEMPORER : SEJARAH, PEMBENTUKAN, DAN DINAMIKANYA DI MALAYSIA. Penelitian Kelompok.

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Abstract

Islamic family law in Malaysia has undergone dramatic changes with colonial history as an important impetus. The so-called ‘reforms’ take place in various forms but they contain similar trends, such as improving women status and administration requirements. The reforms efforts continue with various modes and challenges after colonial masters left the country. This research aims at highlighting that issue, particularly by answering the questions of the history of the formation of Islamic family law in Malaysia including the depiction of state-religion relation as well as influence the remnant of colonial administration in it and its dynamics of contemporary discourse of Islam in Malaysia. In addition, this research will discuss how Islamic family law in Malaysia regulate aspects of marriage which is full of gender issues and how, in general, Islamic family law in Malaysia is viewed from gender perspective. For that matter, the data will involve written documents as well as information from interviews with related personalities. The documents consist of primary documents such as statutes, acts and enactments of Islamic family law in Malaysia as well as secondary sources in form of books, articles and reports. The interviews conducted has covered both side in the contestation of Islamic family law in Malaysia. Both data are compiled and presented in a manner which easily shows the debates and contestation between the two opposing groups in Malaysia. The result indicates that the process of Islamic legislation has been very massive for some reasons. The first is that the fact that Malaysia has a parallel legal system; civil law which originates from common law of British and Islamic law which is a continuation of pre-colonial period as well as product of current islamization. Malaysia is a federal country in which Islamic issues are at the hands of the states. This has made the federal government less powerful in administering the direction of legislation in Malaysia. Secondly, the rivalry between the ruling party of UMNO with the opposition of PAS has led the ruling party to show its Islamic credentials by supports series of Islamic legislation nationwide with the consequence of the rights of women, non-Muslims, and minorities under unfavorable positions. As a result, the way the trend of Islamic family law in malaysia governing sensitive issues like marriageable age, poligamy and divorce also is influenced. Data shows that the Islamic family law in Malaysia in general is actually relatively moderate. The poligamy is allowed with some resitrictions and conditions, there is a regulation about minimum age of marriage, and the regulation regarding divorce and after divorce issues also accomadates women and children protection. The existence of the sanction definitely is a distinctive feature. Several cases of unregistered poligamy are sanctioned by fine. The aim is to give a shock therapy in order to control people’s behavior in relation to marriage matters. Beside from it, the trend of islamic family law in Malaysia seems to go towards a more retrogressive attitude evidenced by some amendments. One of the amendments critized mostly is the deletion of one condition within the poligamy. In addition, the granting of fasakh right for men also critized as a gender neutral policy that turns out to be a gender blind policy as males can misuse it and will potentially harm the women.
Moreover, eventhough there are positive trend within the exisiting islamic family law in relation to gender and women protection, the law enforcement is still far from the ideal. One thing worth mentioning is that the many amendments upon the Islamic family law in Malaysia actually shows that the dynamic for changes is there. The question then who controls this dynamic; the people in dialogue with the realities or the state with politics playing. At the end, it can be concluded that the prospect of the implementation of Islamic law in Malaysia, especially Islamic family law will remain wide open, but to direction that not all element within the country and international audience expect. The debates now is more between retrogressive and the liberals in Malaysia. This contestation seems to unfolds for quite sometimes because each parties really persistent and has own supports; the retrogressive has its conservatives and the liberals are backed by international allies.

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Item Type: Article
Additional Information: Nabiela Naily, Kemal Riza
Creators:
CreatorsEmailNIM
Naily, NabielaUNSPECIFIEDUNSPECIFIED
Riza, KemalUNSPECIFIEDUNSPECIFIED
Subjects: Hukum Islam > Perkawinan
Uncontrolled Keywords: Islamic Family law; Poligamy; child marriage; family
Divisions: Karya Ilmiah > Laporan Penelitian
Depositing User: Editor : Abdun Nashir------ Information------library.uinsby.ac.id
Date Deposited: 22 Jun 2016 07:07
Last Modified: 22 Jun 2016 07:07
URI: http://digilib.uinsby.ac.id/id/eprint/6952

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