0723778
TOPIC: STUDY ANALYSIS ON MARITAL VIOLENCE; WOMEN AWARENESS ON THEIR RIGHTS OF FASAKH AND TA’LIQ DIVORCE UNDER ISLAMIC FAMILY LAW IN MALAYSIA.
1) Statement of the problem
a) Marital violence or also known as domestic violence is widespread. It is life threatening or, at least, physically dangerous for a number of women. Due to several factor, the women may find themselves trapped in abusive relationships.
b) In the process enlightening Muslim wives of their right normally pay great emphasis on the issues of maintenance and custody. However, when regards to domestic violence, those women are not exposed to their rights in the marriage especially those women live in the rural area; when we said that women live in the rural area, we should understand that these type of women do not exposed to the actual knowledge of Islamic family law; as compared to women who live in the urban area.
c) This research will tell us how far women who live in the rural area understand the true nature of Islamic family Law implemented in Malaysia to protect their rights as battered wives when it comes to the issue of marital violence.
d) Most of the women in Malaysia do heard the word ta’liq and fasakh divorce but they do not understand the real meaning of it and how far these types of dissolution of marriage will save them from being the victims of domestic violence.
2) Research objectives
a) To compare the understanding of wives who live in the rural area and wives who live in the urban area about their rights in marriage of their right in ta’liq and fasakh divorce when it comes to the issue of marital violence.
b) To analyze women awareness from being the victims of marital violence.
c) To understand the types and nature of marital violence itself.
3) Definition of the terms
a) Marital violence is defined as violence, especially happened to wife who is repeatedly subjected to any forceful physical or psychological behavior by the husband in order to coerce her to do something he wants her to do without any concern for her rights.
b) Fasakh here means the power to annul from marital contract by the wife in Islamic point of view. This is different from talaq since the power of talaq is given solely to the husband. A woman has power to apply for divorce which is known as fasakh in certain conditions that are clear that her husband neglects his responsibility or habitually assaults her or makes her life miserable by cruelty.
c) Ta’liq divorce means suspended or attached. In envisages the occurring of something with conditions. In the context of divorce, a talaq will be in effect if one of the conditions in an agreement is not fulfilled or is breached. As conditions are pre-requisites, there has to be an agreement. This agreement is reached or sealed at the solemnization of the marriage. The condition are listed in a specified form and agreed by both parties.
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kan??.haha..sangat pulun update kat sini.. sbb?. bia semua org tahu saya sedang buat reseach bkenaan ini.. motif??. sebab saya sayang kaum saya.. jgn jd hamba kepada mereka yg suka mendera dan memaksa.. bukan kita mangsa mereka.. cari mangsa lain.. another motif; saja nk show off sbb hantar outline ni td for recheck, n tade kesalahan pape pon ye..haha.. sangat bangga.. owh, jgn riak lagi. we'll wait for presentation of this topic plak pasni ye..lalalala~
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