A trend found in many Islamic societies in recent years has been
the increasing regulation of family life by Islamic law and a
corresponding move away from customary law and informal conflict
resolution procedures. The situation in Malaysia, particularly in
urban Malay society, is no exception here. Several studies already
exist of the nature and extent of Malaysia's Islamic judicial
system but the general tendency has been to ignore the actual
operation of the syariah courts and related institutions. This
study addresses this need with an in-depth analysis of the key area
of intra-family conflict and demonstrates that, although formally
the counsellor, kadi and judge have defined roles for conflict
resolution, in practice much flexibility is evident in the use of
consultation, conciliation, mediation, arbitration and adjudication
techniques. This study will be of special interest to legal
anthropologists and those scholars interested in the increasing
application of Islamic law in many different countries.
|Country of origin:
Sven Cederoth Cederroth
• Sharifa Zaleha Syed Hassan
||Electronic book text
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