JUSTICE IN ISLAMIC AND WESTERN LEGAL POLITICAL THOUGHT

A Dual Heritage Aflecting Gender Justice in This book looks into certain comparative concepts of justice in legal political  thought, their historical developments and contemporary relevance
decades, there have been calls both for the revival and preservation systems and institutions, and for modernization and reform. Islamic and influences play significant roles in the development of legal status in is possible to find common ground between some Western
representative government with Islamic concepts on shurai or Modern forms of representative government have been influenced revolutionary upheavals as well as evolutionary developments. An understanding of Islamic theology and philosophy demonstrates the underlying bases of Islamic jurisprudence, and the intertwining of theological debates on justice with political notions. Western theories on law and justice, including classical positivism and natural law theories, and comparisons with Islamic legal theory on positive law in ideal form, will be discussed. Subordination of women in the West prior to the 20th century will illustrate that women’s rights were neither inherently nor exclusively part of Western traditions. In Malaysia, family laws have become a main dividing line between Muslims and others, as though
necessarily incompatible and mutually exclusive. However, some areas of English
family law have actually benefited from Islamic family law to the advantage of
women, especially regarding married women’s property rights and child custody.
It is unfortunate that contributions to gender justice from Islamic law are
unrecognized and ignored. Instead, there is popular misconception that gender
justice is based on Western civilizations.

• AUTHOR: NIK NORIANI NIK BADLI SHAH
• ISBN 97s-967-10065