Pil script video - nnjj PDF

Title Pil script video - nnjj
Course Political Parties
Institution Texas A&M University
Pages 1
File Size 48 KB
File Type PDF
Total Downloads 36
Total Views 174

Summary

nnjj...


Description

According to the guidelines on Reservation to Treaties allows states to make a reservation as long as the such reservation is compatible with the object and purpose which in UDHR is to secure personal rights of everyone Supported by Article 19 of Vienna Convention on the Law of Treaties which indicates that such reservations must not conflict with the treaty’s intent and purpose. Then We would like to propose a new reservation on behalf of Malaysia. With regards to Article 16, the Government of Malaysia does not consider itself bound by the provisions of this article. This is in order to preserve the peculiarity of the internal law which allows the formation of polygamous marriage. In respect to social justice, the provision of Islamic Sharia Law provides man the right to enter into a polygamous marriage to prevent women and orphans from being treated unfairly. The sanctity of marriage and maintains the balance between spouses are nonetheless guaranteed by several conditions to the polygamous marriage. It is laid down by the provision that a man is not allowed to enter into a polygamous marriage except the court is satisfied that the proposed marriage is just or necessary thus granted permission to the marriage. It further obliged the husband to have sufficient financial capacity to maintain the wives fully and equally treated to all the wives. If the wife did not satisfy to the polygamous marriage, she is allowed to appeal to the court. Also, the husband is required to give proper justice to the wife or he is subjected to punishment. As a result of these considerations, the Islamic Shariah grants a man the right to enter into polygamous marriage only upon the decision of a Shariah Court. Next, We will use the object and purpose test to examine the validity. Firstly, it does uphold equality because a man is not allowed simply marry another woman as the restriction is stated in Section 23(1) of Islamic Family Law Act The practice of polygamy is not mandatory, women have complete freedom to decide whether to enter into marriage with a married man. there is no discrimination against women as it did not exclude or restrict human rights of the women. Additionally, some of the women who support the idea of polygamy due to health problem and hope that someone will take care of her husband and children. Thus, the reservation is compatible with the object and purpose of UDHR . Besides, by referring to the reservation made by Morocco in cedaw, it provides that, since the husband is required by the sharia law to pay the maintenance to the wife while the wife has entire control over her property during the marriage and after its dissolution. Therefore, the right to divorce has to be granted by the court. By comparing the reservations that we proposed with the reservation of Morocco, it is similar that the beneficial party is subjected to restrictions in order to ensure a balance between spouses. In short, It is important that reservation is compatible with the object and purpose of the treaties. It is not only to comply to the treaties, but to ensure the rights of the citizen are well preserved. Hereby, the reservation is proved under the test that it is complied with the object and purpose of the treaties without prejudice to Islamic Sharia Law. The freedom and equality of every individual is preserved. Thereby, the reservation that we propose is a valid reservation....


Similar Free PDFs