Family structure assigment

The Predominance School of Law in Malaysia today is the Madhhab Shafi'i. However, several criticisms have been leveled against the exclusive reliance on this School of Law on the argument that it gives room for unnecessary restrictions of freedom, considers some tribes to be special and treats the females unfairly, especially in the matters of Islamic family laws related to polygamy, matrimonial property and divorce. The Religious Departments at various levels in Malaysia were also accused of ignoring this legal conundrum, like those inherited from the polygamous and divorce laws, which as perceived by many, could not only lead to exploitation of the women by irresponsible men but may also favours the husbands in matters of adjudication. This paper attempts to unveil the potential legal intricacies inherited from the Malaysian Family Law through a critical examination of the contending issues raised against it. Thus, such a kind of examination is not only expected to uncover the mix methods used in codifying these laws but, also, will appraise the extent of their compatibility or otherwise to the maqāsīd al-Sharīʿah (the objectives of Islamic Law) and the contemporary International Human Rights Law. In doing so, suggestion on how those laws could be improved upon in order to be in conformity with the objects of Islamic law and the human rights standard will be put forth. file:///C:/Users/a.yusuf/Downloads/636327813135540049.pdf

2016

This paper discusses about the Chinese family system in Malaysia. The authors interviewed four respondents and discussed the main elements that play important roles in the Chinese community in Malaysia.

Zenodo (CERN European Organization for Nuclear Research), 2023

The meaning of family harmony is that the marital relationship of man and woman is stable. As such, every member of it, be it an agricultural or an industrial society, is bound by its decisions. And the basis of social stability is family harmony. In a society in which there is no restriction on the relationship between men and women, children are not an integral part of the family and elders are not respected, the society is prone to sexual immorality and criminal negligence, devoid of compassion and mercy and devoid of human compassion. goes Family disorder is also the cause of the current social chaos, irresponsibility in sexual relations, frequent divorces, restraint of reproduction and lack of respect for the elderly are the evils that have destroyed stability and peace. In this article, the thesis writer will close his pen "in the light of the principles of Islamic teachings on maintaining the structure of the family system in the 21st century.

Like in other cultures, the Hindu family also represents a social institution that developed in passage of time and has always been practiced as a core element in the development and maintenance of the value and ethics systems and lifeways for an individual as well as for the close clan and castes and altogether in making the societal world that further influence the state and nation. That is how the changes in family structure and its values are given much attention for understanding social scenario and state of development. In fact, the development of an individual, society, and state very much depends on the family and related lifeways and inherent life philosophy. The structure and function of the family is not any more traditional product of cultural history but it also indicates changing and shifting relation to wider niches of social and economic developments. Of course, the family is the foundational institution in societies ― an institution which is a frame or gaze of identity, emotion, cultural expression, care, despair, reproductive labour, systemic and systematic violence, repression, and domination in ways that other institutions are not. Moreover, it is foundational where constantly run contestations over life and culture. In India the position of family, especially of Hindus, has been central and critical. The family performs important task which contribute to society’s basic needs and helps to perpetuate social order. Family is also described as “a group of persons directly linked by kin connections, the adult members of assume responsibility for caring for children”.

KnE social sciences, 2024

This study aims to determine the history of the development and reform of Islamic family law in Indonesia and Malaysia. The writing method of this article uses a comparison. It compares the history of the development and reform of Islamic family law in Indonesia and Malaysia. As a result, Indonesia and Malaysia have experienced dynamic developments and reforms in the Islamic family law pre and post-independence. Both countries are Muslim-majority countries, so Islamic law, especially the Islamic family, will develop over time. As for the difference, in Indonesia, even though the Muslim majority is more than 85%, discussion of the draft law on Muslim marriage or family always becomes an issue. It is related to establishing the State Foundation of Pancasila, which accommodates all religions. After the 1998 reform, democracy was broadly applicable. It causes the desire to formalize Islamic teachings into a positive legal system to become increasingly stronger. In Indonesia, there is some difficulty in reforming family law regarding the issue between Islamists, nationalists, Muslims, and followers of other religions. It differs from Malaysia, which established Islam as the official state religion. Malaysia is a Muslim-majority country in Southeast Asia and became the most dynamic in reviewing its Muslim family law provisions.

Polygamy have always become one of the sensitive issues in modern society. Most of the western in contemplation of CEDAW and ICCR have outlawed the practice of polygamy in their countries. However, this practice is still conducted by several group religion minorities in their countries. Speaking the three major Abrahamic religion, all of them permit the practice of polygamy. Although by modern day with the exception of Muslim majority countries the practice has been banned. In Muslim countries such as Malaysia, Pakistan and Brunei the polygamy were ruled by certain provision in their family law ordinance. With the practice of the polygamy is allowed the consequences of the implementation also came together. This research explains the problems that rise together with the practice of polygamy such as abuse, syndicate marriage and etc. With the problems happened several solutions were also introduced as a countermeasure for the implications that occurred. 1

In the world one of the major legal systems is governed by Islamic law. Though some countries have modified the system, most of the Arab countries follow the Islamic legal system. Some countries, particularly countries with majority Muslim population, recognize Islam as their state religion and that their legal system shall run in conformity with the religion of Islam. However, Islamic legal system is not followed by only Muslim countries rather it is also followed by some secular countries (like-India, Bangladesh) to determine the rights and obligation of their citizen respecting the Islamic family law matters. Islamic law of personal status is an exceptional form of law which is not only important for the Muslim countries but also important for no-Muslim or secular countries as it is the right of the Muslims to be regulated and adjudicated by the Islamic law of personal status. It is undoubtedly accepted that, Islamic family law has been gone through several significant reform and amendments. But the authority of such reforms and amendments cannot be doubted as the reform and amendments are done by following the rules and regulations of the major schools and sects of Islam as well as by following the juristic interpretation of Quran and Sunnah of Prophet Mohammad (PBUH).