Date of Award

1-1-2001

Thesis Type

PhD

Document Type

Thesis

Divisions

Academy of Islamic Studies

Department

Department of Shariah and Law

Institution

Universiti Malaya

Abstract

In Islamic Law the rights and position of women (specifically, the wives) have been determined in different areas including acts of devotion and the association between husband and wife in matrimonial affairs. This research attempts to discuss the provision and the implementation of Islamic Family Law in Brunei by focusing the research on the rights and position of women in the Act. The study specifically focuses on the provision and implementation of Islamic Family Law in relationship to Islamic Law. This study has performed with discussion on the effect of the contradictions in the implementation of the provision of laws that have been assigned to women. This study also covers the jurisdiction of the Courts of Kadis that have been assigned to implement these particular laws. In this section, the problems faced by the courts in implementing Islamic Family Law, and the procedures and regulations that have been established to administer these courts and implement its orders will be discussed. In order to find out the extention of the justice which is being granted to the rights and the position of women under such Islamic Family Law, the study focuses on the handling and the trial verdicts in cases at the Courts of Kadis and the Civil Courts including retrial cases on claims or women's appeals in the court concerned. This research will also discuss the existing problems in the implementation of Islamic Family Law in Brunei, whether they arise from the provision of the laws in force or from the jurisdiction of Courts of Kadis in implementing its orders or the administration of the laws concerned. These problems could arise from the situation of the women involved in the particular appeal case or claim under Islamic Family Law. By presenting the existing problems in the implementation and administration of such laws, the thesis came with some suggestions in overcoming them, in an effort to provide a contribution to the literature for any interested parties, especially those who are involved in the administration of Islamic Family Law during the implementation of their daily duties. Views and suggestions will also be directed to women in general in order to make them ever-sensitive and open-minded in regard to their rights and position as Muslim women as required by Islamic law.

Initial

snms

Additional Information

Thesis (PhD) -- Academy of Islamic Studies, Universiti Malaya, 2001.

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