Project description
Division of matrimonial assets in Malaysian Islam
Classical Islamic law does not recognise matrimonial assets. However, in the Malay Archipelago, there is a traditional adat practice where spouses enjoy equal access to an ownership of resources acquired during the marriage. The MSCA-funded MALAYMATRIMONEY project investigates the division of matrimonial assets in Malaysian Islamic family law (IFL) from a socio-legal and gendered perspective. The project examines how this provision was incorporated into the IFL and applied in practice in the Malaysian Shari’ah judiciary to secure the economic well-being of women in unstable marriages. The project will conduct ethnographic and archival research at a Shari’ah court in Kuala Lumpur and evaluate whether the Malaysian Shari’ah system protects the economic rights of Malay women.
Objective
This project is an anthropological investigation into the division of matrimonial assets in the Malaysian Islamic family law (IFL) from a socio-legal and gendered perspective. The concept of matrimonial assets is not officially recognized in classical Islamic law; rather, it is an adat (customary) tradition long practiced in the Malay Archipelago, where the dominant bilateral system of gender relations accords both spouses mutual access to, and ownership of, the resources jointly acquired during the marriage. This project will first examine the juridical processes and justifications enabling the incorporation of this provision into the IFL, thereby codifying as “Islamic” what actually originated from Malay adat. Second, it will analyze how this provision was translated into practice in the Malaysian Shari’ah judiciary, to understand how it fulfills adat’s original intention to preserve and enhance women’s economic security in precarious marriages such as polygyny. To pursue these lines of inquiry, I will conduct ethnographic and archival fieldwork in a Shari'ah court situated in the Kuala Lumpur metropolitan region. The project will include interviews of Malay couples in the process of dividing their matrimonial assets, and archival research into past polygyny applications. The ultimate aim of this research project is to assess whether the Malaysian Shari’ah system is equipped to protect the economic rights of Malay women who earn, own, and add to the acquisition of assets and circulation of resources as an equally important key economic contributor in the marriage.
Fields of science (EuroSciVoc)
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CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
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Keywords
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Programme(s)
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
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HORIZON.1.2 - Marie Skłodowska-Curie Actions (MSCA)
MAIN PROGRAMME
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Topic(s)
Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
Funding Scheme
Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
HORIZON-TMA-MSCA-PF-EF - HORIZON TMA MSCA Postdoctoral Fellowships - European Fellowships
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Call for proposal
Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
(opens in new window) HORIZON-MSCA-2022-PF-01
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Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.
5020 Bergen
Norway
The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.