Raihanah Abdullah

Protecting Muslim women against abuse of polygamy in Malaysia: legal perspective

Polygamy remains a controversial issue not only in Malaysia but also in many Muslim countries around the world. From the legal perspective, Muslim men, who choose to enter into polygamous marriages and abuse it, largely due to the absence of eff ective measures taken to curtail the problems bring this about. In Malaysia, these steps include the incorporation of specific provisions controlling the practice of polygamy in the Islamic Family Law Enactments of each state. This move is considered as a step towards formulating better laws to control abuses in the practice of polygamy. This paper discusses the concept behind existing provisions and looks into adequacy of such laws. It also aims at identifying problems and provides suggestions on how women could remain protected within a polygamous set up.

Financial support for women under Islamic family law in Bangladesh and Malaysia

This article looks at the application of Islamic Family Law through decisions of the courts on matters of financial support for Muslim women after divorce in Bangladesh and Malaysia. The selection of the two countries was deliberate in that both are former British colonies with Muslim majority populations. In addition, both have ratified the United Nations Convention on the Elimination of All Forms of Discrimination on Women (CEDAW), with reservations. Comparative generalization is made, wherein selected cases of alimony in both countries are analysed. Although Bangladesh and Malaysia are both Muslim countries, there are differences and similarities in how the courts in both countries construe legal provisions in making rulings. The differences, as reflected in their decisions, are influenced by various factors, most notably relating to socio-cultural aspects.

The Fragile Status of a Muslim Wife The Legal History of Polygamy in Malaysia

In Malaysia, the law regarding polygamy is shrouded in complexities that cannot be simply addressed with a sweeping ban or a complete socio-legal acceptance. These complexities reflect the equally complex ways in which the practice has developed in this country throughout various historical periods. This article conducts a historical review of polygamy in Malaysia to understand the ways in which the legal developments have specifically impacted the status of women. It will focus in particular, on three key historical periods: the precolonial, the British colonial, and post-independence Malaysia.

Muslim Family Law in Southern Thailand: A Historical Overview

Abstract Muslims have long a history of practicing Islamic law where Muslim communities are the minority. In Thailand, past governments have positively included Islamic law as a legitimate source of personal law for Muslims in the southern regions. Consequently, Muslims are governed by two different sets of laws in Thailand, one is Islamic law and the other is the secular law. However, only Islamic law is applicable for Muslims especially in settling their matrimonial disputes and inheritance. Islamic family law has a long history and has been preserved for the betterment and benefits of Muslim citizens especially in the four Muslim provinces of Thailand. This study aims to describe the development of Islamic law through the different periods of governments in southern Thailand. The development of Islamic family law and the application of Islamic law along with its judicial aspects under the administration of Thailand will also be discusssed.