Islamic family law and justice for muslim women
According to the Federal Constitution of Malaysia, Islamic family law is not under federal jurisdiction but under the jurisdiction of each State. Therefore, there are 14 separate jurisdictions (including the federal territories) on Islamic family law in Malaysia. She expressed particular concern over the state of Kelantan’s enactment, which contains provisions different from that of the other states. While most states require the consent of the woman and do not allow marriages by compulsion, the Kelantan enactment allows a virgin’s marriage to be solemnized without her consent, when the wali is her father or paternal grandfather. This particular juristic view is most difficult to justify in present day conditions, especially given the actual circumstances of Kelantanese women who in general are economically independent and actively engaged in business. It can be seen from the actual realities that the women are relatively self-reliant and certainly quite aware of their own interests. Another issue that was touched upon is the issue of marriage contracts, where women’s groups in Malaysia have proposed the inclusion and registration of optional terms in individual marriage contracts, e.g. stipulation against the husband taking another wife during the subsistence of the marriage.
|KP.III BAD i
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