The Women's Convention (Cedaw) and The Islamic Family Law (Federal Territories) ACT 1984: Constructing Harmonisation on Gender Equality
This thesis critically examines women's rights under Islamic jurisprudence stipulated under Islamic Family Law (Federal Territories) Act 1984 (IFLA) to consider whether it harmonious with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This is a qualitati...
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| Format: | Thesis |
| Language: | English |
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Universiti Sains Islam Malaysia
2019
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| Online Access: | http://ddms.usim.edu.my:80/jspui/handle/123456789/17894 |
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| Summary: | This thesis critically examines women's rights under Islamic jurisprudence stipulated under Islamic Family Law (Federal Territories) Act 1984 (IFLA) to consider whether it harmonious with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This is a qualitative research in form of library based and comparative research. To reform the law on the rights of women, this thesis investigates the attributes of rights in accordance with feminist jurisprudence to consider whether it corresponds with the attributes of rights in Islam. Besides, this thesis examines the historical background and the principle of rights applied by CEDAW and IFLA to consider that both have the same objective to establish justice for women. To consider the concept of gender equality under CEDAW and IFLA are harmonious, the analysis is made on the principle of gender justice and gender equality of both jurisprudences. To consider whether the basis of different entitlements to rights and duties between women and men under IFLA upholds the principles of gender equality and non-discrimination, certain provisions of IFLA were critically analysed through methodological fiqh. The research found that both CEDAW and IFLA can be harmonised through the principle of justice and by acknowledging differences among human beings. From the analysis made, it is traced that different entitlements to rights and duties between women and men in the provisions of IFLA does not necessarily discriminate against women but it is just and suitable with women biological nature. Based on the analysis on the concept of difference under IFLA, the thesis considers the reservations made into Article 16 (1), (a), (c), (f) and (g) of CEDAW do not discriminate against women. It is found that the reservations are reasonable in preserving the rights of Muslim women in marriage and family relations from being placed in disadvantaged positions. Thus, it is crucial for the community at all levels to understand the notion of gender equality within its valid context. It is proposed that the meaning of gender equality and different entitlement to rights and duties should be duly defined and applied through enacted legislation to maintain justice for all parties. |
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