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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my-usim-ddms-13072 |
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uketd_dc |
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Universiti Sains Islam Malaysia |
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USIM Institutional Repository |
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en_US |
| topic |
Women (Islamic law) -- Congresses Women's rights -- Malaysia Human rights -- Religious aspects -- Islam -- Congresses |
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Women (Islamic law) -- Congresses Women's rights -- Malaysia Human rights -- Religious aspects -- Islam -- Congresses Nurulbahiah Binti Awang The Women's Convention (Cedaw) and The Islamic Family Law (Federal Territories) ACT 1984: Constructing Harmonisation on Gender Equality |
| description |
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. |
| format |
Thesis |
| author |
Nurulbahiah Binti Awang |
| author_facet |
Nurulbahiah Binti Awang |
| author_sort |
Nurulbahiah Binti Awang |
| title |
The Women's Convention (Cedaw) and The Islamic Family Law (Federal Territories) ACT 1984: Constructing Harmonisation on Gender Equality |
| title_short |
The Women's Convention (Cedaw) and The Islamic Family Law (Federal Territories) ACT 1984: Constructing Harmonisation on Gender Equality |
| title_full |
The Women's Convention (Cedaw) and The Islamic Family Law (Federal Territories) ACT 1984: Constructing Harmonisation on Gender Equality |
| title_fullStr |
The Women's Convention (Cedaw) and The Islamic Family Law (Federal Territories) ACT 1984: Constructing Harmonisation on Gender Equality |
| title_full_unstemmed |
The Women's Convention (Cedaw) and The Islamic Family Law (Federal Territories) ACT 1984: Constructing Harmonisation on Gender Equality |
| title_sort |
women's convention (cedaw) and the islamic family law (federal territories) act 1984: constructing harmonisation on gender equality |
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Universiti Sains Islam Malaysia |
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my-usim-ddms-130722024-05-29T20:19:02Z The Women's Convention (Cedaw) and The Islamic Family Law (Federal Territories) ACT 1984: Constructing Harmonisation on Gender Equality Nurulbahiah Binti Awang 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. Universiti Sains Islam Malaysia 2018-07 Thesis en_US https://oarep.usim.edu.my/handle/123456789/13072 https://oarep.usim.edu.my/bitstreams/dfc1483e-4d98-4c07-9741-7dd01b536f42/download 8a4605be74aa9ea9d79846c1fba20a33 https://oarep.usim.edu.my/bitstreams/78634674-8fb7-45c7-b213-5a505f32e5b2/download 66fdffde3faa6c57b8d572a56b3cdc68 https://oarep.usim.edu.my/bitstreams/7813377f-a2db-4fae-b909-86038a8a6883/download 7f5440b98ac9b41fdc426b89d0a43edc https://oarep.usim.edu.my/bitstreams/d05df611-8749-4e16-879a-328c09cf1e64/download bbca53ac77e41aec593a1d909e17eef7 https://oarep.usim.edu.my/bitstreams/090996e4-538f-4cdd-8ad8-f4189f3210bb/download 28481b876a5f2276c3269defe922f184 https://oarep.usim.edu.my/bitstreams/800774f8-972b-43e5-bbcf-490d633ac16d/download cf326b37a8bad39bf11a4964e80e7ef4 https://oarep.usim.edu.my/bitstreams/80f7c8a9-fda7-4f06-93a1-71f0ba6af55e/download 1e0a182f28743e6b691dff8d31dabaf8 https://oarep.usim.edu.my/bitstreams/19b448aa-43b4-4a31-a0f5-c562f0901ce2/download 5d15dbcce88ff2c2e1862f3dfb988dfc https://oarep.usim.edu.my/bitstreams/fe81f858-2882-4e17-a41e-bef506e6b3e4/download b5f1e8ac7423377db4d7bb01b699d538 https://oarep.usim.edu.my/bitstreams/ff9869e2-c76b-482c-b778-9e87027f9631/download 9a9bad44545d4fb9a3ba70d881ff527f https://oarep.usim.edu.my/bitstreams/e55f3335-759d-4faa-b892-d919d015891a/download ba6b346890b4cc0fe882b3c63a026869 https://oarep.usim.edu.my/bitstreams/dd9aa89d-971e-414e-a0b6-617320ee4bca/download 4acc5f4d07185df01ddde74681da6c5e https://oarep.usim.edu.my/bitstreams/b0dc59fa-070b-42be-ba76-f20009c1c107/download 8913ad070065387adafb5c21b633f065 https://oarep.usim.edu.my/bitstreams/66403430-356b-4dd6-bc3e-72fe3f0face1/download e6121a65437f0b7cbe881c765484b265 https://oarep.usim.edu.my/bitstreams/9c846788-e1b7-4fec-a35c-dfd19599ad63/download 5ea43dc8588b5374155ada0af6884f0d https://oarep.usim.edu.my/bitstreams/7b09cce1-01ba-4ee4-b768-d39a35341a66/download fdb383f8dfe04d9e8f3eb373a12bc00e https://oarep.usim.edu.my/bitstreams/6b31873e-fba5-412c-a7ea-7b7771b58ed4/download 6d4bc22240ef98279fc9fd5cb918429c https://oarep.usim.edu.my/bitstreams/4620279c-31e0-42df-9102-50f2724c5af5/download feca3a77e80d58fae4a831838bf3809e https://oarep.usim.edu.my/bitstreams/7576bb18-c451-4471-9ffb-59424e67013a/download 323b343dad6523c2ce8fbe67ef1891f6 Women (Islamic law) -- Congresses Women's rights -- Malaysia Human rights -- Religious aspects -- Islam -- Congresses |