Equal protection before the law: a study on the matrimonial rights of women in Afghanistan
Matrimonial rights are one of the fundamental issues in human society that pertains in freedom and respect for all members of the family. The problem discovered by this research is that, majority of women in Afghanistan are not protected by their matrimonial rights despite being guaranteed under the...
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| Format: | Thesis |
| Language: | English |
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| Online Access: | https://oarep.usim.edu.my/bitstreams/2b6c4aef-5ef9-4339-8fac-ae2b264527e4/download https://oarep.usim.edu.my/bitstreams/23d65888-7c8b-4bcb-8904-eabbeb054149/download https://oarep.usim.edu.my/bitstreams/fc7d8b2c-1cff-4af3-a049-1fbc22575ce3/download https://oarep.usim.edu.my/bitstreams/0eabfc24-b3b6-4e60-ad1d-0aac51ac1081/download https://oarep.usim.edu.my/bitstreams/70149722-e1ca-461a-bfa2-a8f60ad5eba4/download https://oarep.usim.edu.my/bitstreams/896a52bc-a693-4f27-aa4e-103ca58518af/download https://oarep.usim.edu.my/bitstreams/a04b2102-9a45-43b2-b472-aa618c607ce8/download |
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| Summary: | Matrimonial rights are one of the fundamental issues in human society that pertains in freedom and respect for all members of the family. The problem discovered by this research is that, majority of women in Afghanistan are not protected by their matrimonial rights despite being guaranteed under the legislations of Afghanistan. This is a general situation and requires immediate attention to avoid suicidal attempts by the women of Afghanistan. The main objective of study is to assess the existing laws about equal protection of women in Afghanistan and propose a feasible solution towards addressing this issue. reality indicates that although matrimonial rights of women in Afghanistan are provided under Civil code, still they are subject to detrimental traditional marriages. The main reasons are: women's inability to access on legal proceedings, the negative traditional and cultural views on women's rights, the absence of an accountable and transparent government, and the lack of an efficient judicial system. It sought to analyze the practices and rights surrounding marriage, dower (mahar), polygamy, and divorce. Hence, this research is crucial in finding a solution to the matrimonial problems of women in Afghanistan and also to examine how Afghanistan courts handle and decided matrimonial cases associated with women. Muslim women will benefit from this study as it helps and encourages them to know about their rights and how to access to matrimonial protection under the law. this study also helps to make them more alert to the fundamental realities about their lives, and also ensures that they make right decisions to protect their own interests in the context of marriage. Moving forward to the equality era of the Afghan women, this research concludes that with help of education women can have access to all their rights as knowledge is an essential to sensible decision making in all areas of endeavor. It is also recommended that women's matrimonial right will be successfully protected if both the government and the religious leaders work together for reforming the Muslim Ummah in all aspects. Qualitative methodology was applied in the analysis of the collected data in the issues of women's matrimonial rights within the context of Afghanistan laws. For sampling technique, selected groups and individuals have been interviewed to give their views and perceptions in terms of women's matrimonial rights. |
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