Spousal religious conversion: Choice of laws and forums in Malaysia

Malaysia has a multi-court system where civil courts, Shariah courts and Native courts running parallel to one another. This is produced by the diversity in her population in terms of religion, race and custom. These different court systems most of the time run independent of one another since sub...

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Main Author: Shuaib, Farid Sufian
Format: Article
Language:English
Published: International Islamic University Malaysia 2011
Subjects:
Online Access:http://irep.iium.edu.my/15428/
http://irep.iium.edu.my/15428/1/Art_Farid_SpousalRegligousConversion_IIUMLJ2011.pdf
id iium-15428
recordtype eprints
spelling iium-154282013-02-13T20:35:53Z http://irep.iium.edu.my/15428/ Spousal religious conversion: Choice of laws and forums in Malaysia Shuaib, Farid Sufian BP173.6 Islam and the state K Law (General) KBP480 Conflict of laws Malaysia has a multi-court system where civil courts, Shariah courts and Native courts running parallel to one another. This is produced by the diversity in her population in terms of religion, race and custom. These different court systems most of the time run independent of one another since subject matters and parties before the courts are different. However, in isolated cases, conflict may occur between these courts when on the face of it different court systems have jurisdiction over the same parties involving the same issues. This occurs for instance where a spouse from a non-Muslim marriage converts to Islam. In such a case questions may arise as to which court would be the right court possessing jurisdiction over the marriage in dissolving the marriage if necessary and in providing ancillary relief such as a maintenance order and custody of children. Resolution on jurisdiction of the courts in this case is important to ensure a fair settlement for the parties. International Islamic University Malaysia 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/15428/1/Art_Farid_SpousalRegligousConversion_IIUMLJ2011.pdf Shuaib, Farid Sufian (2011) Spousal religious conversion: Choice of laws and forums in Malaysia. IIUM Law Journal, SEd. pp. 19-38. ISSN 0128-2530
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic BP173.6 Islam and the state
K Law (General)
KBP480 Conflict of laws
spellingShingle BP173.6 Islam and the state
K Law (General)
KBP480 Conflict of laws
Shuaib, Farid Sufian
Spousal religious conversion: Choice of laws and forums in Malaysia
description Malaysia has a multi-court system where civil courts, Shariah courts and Native courts running parallel to one another. This is produced by the diversity in her population in terms of religion, race and custom. These different court systems most of the time run independent of one another since subject matters and parties before the courts are different. However, in isolated cases, conflict may occur between these courts when on the face of it different court systems have jurisdiction over the same parties involving the same issues. This occurs for instance where a spouse from a non-Muslim marriage converts to Islam. In such a case questions may arise as to which court would be the right court possessing jurisdiction over the marriage in dissolving the marriage if necessary and in providing ancillary relief such as a maintenance order and custody of children. Resolution on jurisdiction of the courts in this case is important to ensure a fair settlement for the parties.
format Article
author Shuaib, Farid Sufian
author_facet Shuaib, Farid Sufian
author_sort Shuaib, Farid Sufian
title Spousal religious conversion: Choice of laws and forums in Malaysia
title_short Spousal religious conversion: Choice of laws and forums in Malaysia
title_full Spousal religious conversion: Choice of laws and forums in Malaysia
title_fullStr Spousal religious conversion: Choice of laws and forums in Malaysia
title_full_unstemmed Spousal religious conversion: Choice of laws and forums in Malaysia
title_sort spousal religious conversion: choice of laws and forums in malaysia
publisher International Islamic University Malaysia
publishDate 2011
url http://irep.iium.edu.my/15428/
http://irep.iium.edu.my/15428/1/Art_Farid_SpousalRegligousConversion_IIUMLJ2011.pdf
first_indexed 2023-09-18T20:24:26Z
last_indexed 2023-09-18T20:24:26Z
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