Understanding the differences in the application of the Islamic law between Muslim-majority countries in the Muslim world : a case study on women's rights in Saudi Arabia and Malaysia

• Main Author: Rabe'ah Mohamad Rashid
• Other Authors: Nilay Saiya
• Format: Final Year Project
• Language: English
• Published: Nanyang Technological University 2020
• Subjects: Social sciences::Political science
• Online Access: https://hdl.handle.net/10356/138842
• Institution: Nanyang Technological University

Islamic law, which derives from the Qur’an and Sunnah is timeless and universal in its principles and foundations. However, there is a stark difference between the application of the Islamic law in different Muslim-majority countries, especially with regard to women’s rights. Thus, this paper argues that social and cultural constructs have subjected the application of the Islamic law on women’s rights to not be unified and coherent in different Muslim-majority countries. This paper examines two case studies on women’s rights in Saudi Arabia and Malaysia in order to demonstrate that social and cultural constructs can affect the fiqh, or opinions of the religious scholars when interpreting the Islamic law to derive the fatwas (legal rulings). Hence, the type of patriarchal mindset—unhealthy or healthy—of the religious scholars do play an integral role in the outcome of women’s rights of a country that is governed by the Islamic law.