Dawoud El-Alami and Doreen Hinchcliffe
Contrasting Positions of State Agents
Eva F Nisa
Indonesia is known in Malaysia as the main supplier of migrant workers. Under the Immigration Act and based on their working contracts, Indonesian migrant workers cannot marry in Malaysia during their contract period. Hence, unregistered marriages are common among Indonesian migrant workers in Malaysia. This article investigates both the perspectives of migrant workers who have entered into non-state-registered marriages and the strategies of Indonesian diplomatic representatives in dealing with unregistered marriages of Indonesian migrant workers. Observing a growing trend of both unregistered marriages and of the recognition of such marriages by state agents, this article emphasizes the importance of taking into account the social, political, and religious context to understand how the law operates and how these workers navigate the constraints they are facing.
law to ensure that civil marriages are conducted before or at the same time as an Islamic marriage; Developing programmes to encourage civil registration; Regulating Shari’a councils via a state body which would create a code of practice. 5.1 Shari’a Councils Regarding Recommendation 3
Máire Ní Shúilleabháin
and Divorce Recognition The strikingly different levels of development of (a) Islamic marriage recognition and (b) Islamic divorce recognition can be attributed to a number of factors. First, this is a reflection of the long era of indissolubility of marriage under Irish law. While marriage has always
Amina realized that an amicable end to her nikāḥ (Islamic marriage contract) was unlikely, she asked Abdullah, an Egyptian imam at the mosque where she and her husband had married, to help end her marriage by judicial khulʿ , hoping that he would use his authority as an imam to enforce the khulʿ
State and Mosque Discourse in Pluralistic Norway
for marriage. However, there is no indication that such complaints have been made. Political Debates about Islam and Marriage While the Norwegian debate on marriage authorization of faith communities has been dominated by the controversy over same-sex marriage, Islamic marriage and divorce have
El Alami, Dawoud/Hinchcliffe, Doreen: Islamic Marriage and Divorce Laws of the Arab World. CIMEL (= Centre of Islamic and Middle Eastern Law, School of Oriental and African Studies, University of London) Book Series No. 2. London/Den Haag/Boston: Kluwer Law International, 1996. 279 S., Hfl. 195, —, ISBN 90-411-0896-3.
Civil Code, sections 5–53. German translation in Internationales Ehe- und Kindschaftsrecht. “Family code” (code de statut personnel). Law 59 of 17 Sep 1953. Amended by Law 34 of 31 Dec 1975 in Gazette21 Jan 1976. Translated in Islamic marriage and divorce laws of the Arab world. Selected sections