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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Main Author: Hekmatullah Muradi Faiz Murad
Format: Thesis
Language:English
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id my-usim-ddms-12374
record_format uketd_dc
institution Universiti Sains Islam Malaysia
collection USIM Institutional Repository
language English
topic Women's rights--Afghanistan
Marriage--Religious aspects--Islam
spellingShingle Women's rights--Afghanistan
Marriage--Religious aspects--Islam
Hekmatullah Muradi Faiz Murad
Equal protection before the law: a study on the matrimonial rights of women in Afghanistan
description 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.
format Thesis
author Hekmatullah Muradi Faiz Murad
author_facet Hekmatullah Muradi Faiz Murad
author_sort Hekmatullah Muradi Faiz Murad
title Equal protection before the law: a study on the matrimonial rights of women in Afghanistan
title_short Equal protection before the law: a study on the matrimonial rights of women in Afghanistan
title_full Equal protection before the law: a study on the matrimonial rights of women in Afghanistan
title_fullStr Equal protection before the law: a study on the matrimonial rights of women in Afghanistan
title_full_unstemmed Equal protection before the law: a study on the matrimonial rights of women in Afghanistan
title_sort equal protection before the law: a study on the matrimonial rights of women in afghanistan
granting_institution Universiti Sains Islam Malaysia
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spelling my-usim-ddms-123742024-05-29T19:00:04Z Equal protection before the law: a study on the matrimonial rights of women in Afghanistan Hekmatullah Muradi Faiz Murad 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. Universiti Sains Islam Malaysia 2015 Thesis en https://oarep.usim.edu.my/handle/123456789/12374 https://oarep.usim.edu.my/bitstreams/6be55fcd-5db1-48d4-bfe5-35caef2e118b/download 8a4605be74aa9ea9d79846c1fba20a33 https://oarep.usim.edu.my/bitstreams/2b6c4aef-5ef9-4339-8fac-ae2b264527e4/download 66a0deb60e9289485248fba83aeb79ea https://oarep.usim.edu.my/bitstreams/23d65888-7c8b-4bcb-8904-eabbeb054149/download 1e6e254378c911c02ed7559bdaba19d6 https://oarep.usim.edu.my/bitstreams/fc7d8b2c-1cff-4af3-a049-1fbc22575ce3/download fbcdbf3fb31ddf33c7cb22ffb3aa5c8c https://oarep.usim.edu.my/bitstreams/0eabfc24-b3b6-4e60-ad1d-0aac51ac1081/download f6dee401e1d8151dc8b3c6798f162e89 https://oarep.usim.edu.my/bitstreams/70149722-e1ca-461a-bfa2-a8f60ad5eba4/download f6a672164b39b1d87a737e7402602958 https://oarep.usim.edu.my/bitstreams/896a52bc-a693-4f27-aa4e-103ca58518af/download f521f4f966605141fe1d694e8f9f253f https://oarep.usim.edu.my/bitstreams/a04b2102-9a45-43b2-b472-aa618c607ce8/download e3c9295af831c4aacc73ed21ed53c834 https://oarep.usim.edu.my/bitstreams/e988a410-a136-4a9e-8cd3-f658cc01be0b/download 68b329da9893e34099c7d8ad5cb9c940 https://oarep.usim.edu.my/bitstreams/7bd067da-2c31-4102-9c87-99e2376209bf/download 3ce5260d988491ece1a12973bde1e7a0 https://oarep.usim.edu.my/bitstreams/a798df36-d53d-488f-b8f2-0bf9c43af130/download 4d2e38c48c39eebf43fd2162ffceedf7 https://oarep.usim.edu.my/bitstreams/da881c17-3173-4595-a3e8-d34ef3689c3b/download bf17417a9631c3d4f7ea348cc4101d7a https://oarep.usim.edu.my/bitstreams/fd9dcc08-6c52-4595-96c9-c5cd33205683/download e7711418a0408d22b4e57a3b333e8ba0 https://oarep.usim.edu.my/bitstreams/e61cdb8c-fb9e-4950-8343-03cd72c74ee2/download b308b7fe5c1c2bbdc0cb686d451b84aa https://oarep.usim.edu.my/bitstreams/65d8d444-d303-4e0b-9499-82871471032a/download cc9067c2ee470dc248b14b194209a34e Women's rights--Afghanistan Marriage--Religious aspects--Islam