Zaleha Kamaruddin

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.

‘Transformative Accommodation’: Towards the Convergence of Sharīʿah and Common Law in Muslim Minority Jurisdictions

In spite of the increasingly globalized nature of the modern world and the surge in cross-civilizational intercourse among peoples of different backgrounds, cultures and ideologies, there is still the spectre of mutual suspicion in some Muslim minority jurisdictions where Muslims have sought to conduct their affairs in accordance with the Sharīʿah. In order to promote peaceful co-existence and mutual understanding, this article examines the prospects of convergence of Sharīʿah and Common law in Muslim communities in Western countries based on the concept of transformative accommodation. The study concludes that the long historical revelations of the Islamic origins of some important Common law concepts should pave a way for transformative accommodation which will ultimately lead to convergence of laws.

A Malaysian Perspective on Qur'anic Governance: Family Autonomy vs. State Intervention

‘Good governance’ is considered a crucial element for peace and development of societies, because it implies good order and good policies. In the context of the family institution, this is a must in order to ensure that the basic unit of society is protected from destruction. In relation to this, most scholars have acknowledged that all over the world, the family has undergone radical transformations in response to the changing socio-economic environment. However, the breadth and depth of this change in the realm of good governance has often been neglected. This chapter begins by examining contemporary challenges confronting the family institution. Justifications for State intervention through the existing family laws in Malaysia as one of the mechanisms in protecting the family will also be analysed. To ensure that family stability can be maintained and developed, Qur’anic governance’ is proposed as a mechanism for social transformation.