Law & Our Rights
Women and Law

Custody, Guardianship, and Adoption: Comparing Bangladesh and Malaysia

The book named Impact of Gender on Custody, Guardianship, and Adoption authored by Professor Dr. Taslima Monsoor and Dr. Sridevi Thambapillay is an important cross-country study. In this book, the authors undertake a careful comparative study on how gender influences the practice of family law within Bangladesh and Malaysia, under Islamic law, in particular.

Chapter one introduces the readers to the historical, legal, and cultural frameworks governing custody, guardianship, and adoption in Bangladesh and Malaysia. Monsoor and Thambapillay present here a foundational description of Islamic family law, its varied interpretations, which introduce the basis for their comparative study. The chapter provides a good overview of the ways in which gender norms are inscribed in and through legal systems, particularly concerning women's positions and rights within the family structures.

In the second chapter, the authors contextualise custody arrangements and how gender roles influence the decisions in child custody cases. Thus, they show how courts in Bangladesh commonly favor fathers in custody disputes, reflecting traditional notions of paternal authority over the children. The authors go on to point out that Malaysia's stance, in spite of similar patriarchal institutions, offers more protection for mothers under the tenets of Islamic law. Thus, this chapter identifies the call for an articulate approach with regard to custody rights in considering child's welfare over strict adherence to gender norms.

In their sensitive investigation, Monsoor and Thambapillay ably highlight the intersection of gender, law, and cultural values, which gives a very strong case for legal reform by respecting tradition and furthering the protection of women and children.

Chapter three discusses the guardianship laws and the challenges faced by women in assuming the legally defined gender roles. It is here that Monsoor and Thambapillay debate how Malaysia enjoys partial flexibility within its Sharia framework in terms of allowing women to assume various guardianship roles compared to Bangladesh's more rigid legal framework. The authors claim that broadening women's roles will on one hand protect children's rights better and on the support women's legal autonomy within the family structure.

The fourth chapter probes into the adoption norms and practices that reflect the deep-seated cultural and legal divides. In Malaysia, the Islamic concept of kafala provides a system of adoption that the authors think has the potential to balance adherence to Islamic law with the interests of child welfare.

In the fifth chapter, the authors provide a comparative review of legal frameworks regulating family law in the two countries. They address how reliance on Islamic jurisprudence in both countries affects judicial decisions concerning custody, guardianship, and adoption, with Bangladesh's being more inflexible and Malaysia's more open to adaptability. They argue for a combination of Sharia principles and modern judicial methods that may serve the needs of gender equity and the welfare of the children more adequately.

The final chapter has clear recommendations for policy-legal reform. The authors conclude that both countries will benefit from revisiting family law so that it conforms to both cultural and international standards concerning child welfare and gender equality. They call for reforms that will uphold religious principles but also advance the rights of women and children. This, they think, may be realised by learning from both the systems and replicating what is useful in each.

Impact of Gender on Custody, Guardianship, and Adoption undoubtedly constitutes a welcome addition not only to the corpus of gender studies but also to the studies of family law and Islamic jurisprudence. In their sensitive investigation, Monsoor and Thambapillay ably highlight the intersection of gender, law, and cultural values, which gives a very strong case for legal reform by respecting tradition and furthering the protection of women and children. This volume is a must-read for those who are interested in how Islamic law intersects with modern social challenges, especially regarding family law.

The writer teaches law at the American International University Bangladesh.

Comments

Women and Law

Custody, Guardianship, and Adoption: Comparing Bangladesh and Malaysia

The book named Impact of Gender on Custody, Guardianship, and Adoption authored by Professor Dr. Taslima Monsoor and Dr. Sridevi Thambapillay is an important cross-country study. In this book, the authors undertake a careful comparative study on how gender influences the practice of family law within Bangladesh and Malaysia, under Islamic law, in particular.

Chapter one introduces the readers to the historical, legal, and cultural frameworks governing custody, guardianship, and adoption in Bangladesh and Malaysia. Monsoor and Thambapillay present here a foundational description of Islamic family law, its varied interpretations, which introduce the basis for their comparative study. The chapter provides a good overview of the ways in which gender norms are inscribed in and through legal systems, particularly concerning women's positions and rights within the family structures.

In the second chapter, the authors contextualise custody arrangements and how gender roles influence the decisions in child custody cases. Thus, they show how courts in Bangladesh commonly favor fathers in custody disputes, reflecting traditional notions of paternal authority over the children. The authors go on to point out that Malaysia's stance, in spite of similar patriarchal institutions, offers more protection for mothers under the tenets of Islamic law. Thus, this chapter identifies the call for an articulate approach with regard to custody rights in considering child's welfare over strict adherence to gender norms.

In their sensitive investigation, Monsoor and Thambapillay ably highlight the intersection of gender, law, and cultural values, which gives a very strong case for legal reform by respecting tradition and furthering the protection of women and children.

Chapter three discusses the guardianship laws and the challenges faced by women in assuming the legally defined gender roles. It is here that Monsoor and Thambapillay debate how Malaysia enjoys partial flexibility within its Sharia framework in terms of allowing women to assume various guardianship roles compared to Bangladesh's more rigid legal framework. The authors claim that broadening women's roles will on one hand protect children's rights better and on the support women's legal autonomy within the family structure.

The fourth chapter probes into the adoption norms and practices that reflect the deep-seated cultural and legal divides. In Malaysia, the Islamic concept of kafala provides a system of adoption that the authors think has the potential to balance adherence to Islamic law with the interests of child welfare.

In the fifth chapter, the authors provide a comparative review of legal frameworks regulating family law in the two countries. They address how reliance on Islamic jurisprudence in both countries affects judicial decisions concerning custody, guardianship, and adoption, with Bangladesh's being more inflexible and Malaysia's more open to adaptability. They argue for a combination of Sharia principles and modern judicial methods that may serve the needs of gender equity and the welfare of the children more adequately.

The final chapter has clear recommendations for policy-legal reform. The authors conclude that both countries will benefit from revisiting family law so that it conforms to both cultural and international standards concerning child welfare and gender equality. They call for reforms that will uphold religious principles but also advance the rights of women and children. This, they think, may be realised by learning from both the systems and replicating what is useful in each.

Impact of Gender on Custody, Guardianship, and Adoption undoubtedly constitutes a welcome addition not only to the corpus of gender studies but also to the studies of family law and Islamic jurisprudence. In their sensitive investigation, Monsoor and Thambapillay ably highlight the intersection of gender, law, and cultural values, which gives a very strong case for legal reform by respecting tradition and furthering the protection of women and children. This volume is a must-read for those who are interested in how Islamic law intersects with modern social challenges, especially regarding family law.

The writer teaches law at the American International University Bangladesh.

Comments

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