This briefing paper is prepared as part of the advocacy of the Asia Indigenous Peoples Pact (AIPP) for the respect, protection and recognition of the human rights of indigenous women. In this paper, we focus on access to justice for indigenous women in Southeast Asia facing development-induced violence.
Characterized as divinely ordained, the Islamic law of inheritance defines women’s rights to property of the deceased with specific roles and responsibilities for each individual. Obviously, the Islamic law of inheritance is a major contribution to the legal system of the world, compared to the customary laws in the pre‐Islamic Arab society that denied any proprietary right by way of inheritance to female relatives including daughters.
Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question.
This Act, consisting of three Parts, applies to Native customary rights of Sarawak. It specifies the following Land classification as follows: i. Interior Area Land is land not falling within other classifications and which is not a Government Reserve; ii.
This Act, consisting of 16 sections, applies to the States of Peninsular Malaysia and makes provision in matter of land family ownership as follows: Section 3: The Act contains provisions relating to “Muslim married women and their property, rights and obligations subject to the Islamic law and the customs of the Malays governing the relations between husband and wife”. Section 4: A married woman is capable of: i. acquiring, holding and disposing of, any property; ii. suing and being sued in her own name; iii.
This Act, consisting of ten Parts, applies only to the Federal Territories of Kuala Lumpur and Labuan and makes provision in matter of land family ownership as follows: Section 5: A marriage shall be solemnized in accordance with Islamic Law by the wali, the woman’s guardian for marriage, or his representative, in the presence of the Registrar. Section 8: The minimum age for marriage is set at 18 years for the man and 16 for the woman. Exception might be made where the Syariah judge has granted his permission in writing in special circumstances.
This Act, consisting of ten Sections and one Schedule, applies to Peninsular Malaysia only and makes provision in matter of land family ownership as follows: The distinction between wives and husbands in terms of the distribution of the estate of an intestate to the surviving spouse was repealed. Previously, a wife who survived her husband was entitled to only one-third of her husband’s estate but the surviving husband was entitled to his wife’s whole estate (13). Section 6 explains how the property of any person who dies intestate shall be distributed: i.
This Act amends the National Land Code Act, 1965.Amendments include: insertion of new definitions in section 5; minor word changes and minor changes in the provisions in sections 5b, 14, 62, 80, 81, 92d, 124, 136, 140, 141, 141a, 142, 147, 204g, 254, 264a, 375, 399, 412, 426, 429a and 429b; insertion of a new Part One (C) on modifications to facilitate the implementation of the electronic land administration system; insertion of a new section 143a on powers of the State Authority in relation to applications for the partition of land subject to the agriculture category; and minor changes to
Main object of the Code is to ensure uniformity of law and policy with respect to land tenure, registration of titles relating to land, transfer of land, leases and charges in respect of land, easements and other rights and interests in land.
The articles in this Bulletin are written by the following organizations and individuals: National Coordinator for the Defense of the Mangrove Ecosystem (C-CONDEM), Ecuador; Yayasan Pusaka Bentala Rakya (Bentala Raya Heritage Foundation), Indonesia; Venezuelan Observatory of Political Ecology and members of the WRM international secretariat in close collaboration with several allies who are part of grassroots groups in different countries.
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