Kamarudin, Z.B.; (1993) A comparative study of divorce among Muslims and non-Muslims in Malaysia with special reference to the Federal Territory of Kuala Lumpur. Doctoral thesis , University of London.

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Abstract

The subject of this thesis is a comparison of the law, practice and procedure relating to divorce among Muslims and non-Muslims in Malaysia. This study analyses divorce in the predominantly urban society of the Federal Territory of Kuala Lumpur against the background of changes in the social structure, the family and social norms, with the aim of clarifying of how and why contemporary divorce needs to be rethought and reformed. Structurally, the thesis is divided into three parts. Part 1, consisting of three chapters, is introductory, and covers the historical and legal background necessary for the proper appreciation of the topics discussed later. Part 2 is an analysis of divorce statistics for Muslims and non-Muslims in the Federal Territory of Kuala Lumpur and an identification of factors related to it. The discussion of statistical trends and social influences is placed in a smaller context to permit the statistical information analysed in the present study to be refined at the local level. Part 3, the concluding part, consists of two chapters, and deals with reforms that have taken place in other countries that could serve as models for the reform of divorce laws in Malaysia. Among the areas that are touched are legal reforms to protect women, grounds for divorce under Islamic law and civil law, and also the setting up of family courts and systems of conciliation.

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