Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform

Interfaith custody dispute is one of the area in which the conflict of jurisdiction between the civil court and the Syariah court arises. The conversion to Islam by one party to a non-Muslim marriage has an impact on the legality of the marriage, and more importantly the determination as to the cust...

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Main Authors:	Mohamed Jani, Hidayati, Mohd Zin, Najibah
Format:	Conference or Workshop Item
Language:	English
Published:	The Faculty of Law, Universiti Teknologi MARA (UiTM) 2016
Subjects:	BP188 Islamic religious life KPG Malaysia
Online Access:	http://irep.iium.edu.my/54594/ http://irep.iium.edu.my/54594/ http://irep.iium.edu.my/54594/1/54594_Jurisdictional%20Conflict%20on%20Interfaith%20Custody.pdf

id	iium-54594
recordtype	eprints
spelling	iium-545942017-02-01T04:06:48Z http://irep.iium.edu.my/54594/ Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform Mohamed Jani, Hidayati Mohd Zin, Najibah BP188 Islamic religious life KPG Malaysia Interfaith custody dispute is one of the area in which the conflict of jurisdiction between the civil court and the Syariah court arises. The conversion to Islam by one party to a non-Muslim marriage has an impact on the legality of the marriage, and more importantly the determination as to the custodial right of a child is very much in dispute since the parties are no longer subject to the same set of laws and courts. The current practice suggests that the converted father received custody more often than the non-Muslim mothers regardless of the age of the child. In most cases this has caused dissatisfaction particularly among non-Muslim community and given rise to an issue of whether the decision has been made in the best interest of the child especially when it involves the custodial right of a child at their tender years. Thus, this paper seeks to examine the extent of the jurisdictional conflict on interfaith custody dispute in Malaysia. The research method employs in this study is mainly a textual analysis of relevant materials and cases law relating to interfaith custody dispute. The study suggests several mechanisms to resolve the conflict where the emphasis on the best interests of the child shall be paramount. The Faculty of Law, Universiti Teknologi MARA (UiTM) 2016 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/54594/1/54594_Jurisdictional%20Conflict%20on%20Interfaith%20Custody.pdf Mohamed Jani, Hidayati and Mohd Zin, Najibah (2016) Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform. In: 1st International Conference on Women and Children Legal and Social Issues (ICWC 2016), 17th-18th Oct. 2016, Subang, Selangor. http://law.uitm.edu.my/v4/index.php/icwc-2016
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	BP188 Islamic religious life KPG Malaysia
spellingShingle	BP188 Islamic religious life KPG Malaysia Mohamed Jani, Hidayati Mohd Zin, Najibah Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
description	Interfaith custody dispute is one of the area in which the conflict of jurisdiction between the civil court and the Syariah court arises. The conversion to Islam by one party to a non-Muslim marriage has an impact on the legality of the marriage, and more importantly the determination as to the custodial right of a child is very much in dispute since the parties are no longer subject to the same set of laws and courts. The current practice suggests that the converted father received custody more often than the non-Muslim mothers regardless of the age of the child. In most cases this has caused dissatisfaction particularly among non-Muslim community and given rise to an issue of whether the decision has been made in the best interest of the child especially when it involves the custodial right of a child at their tender years. Thus, this paper seeks to examine the extent of the jurisdictional conflict on interfaith custody dispute in Malaysia. The research method employs in this study is mainly a textual analysis of relevant materials and cases law relating to interfaith custody dispute. The study suggests several mechanisms to resolve the conflict where the emphasis on the best interests of the child shall be paramount.
format	Conference or Workshop Item
author	Mohamed Jani, Hidayati Mohd Zin, Najibah
author_facet	Mohamed Jani, Hidayati Mohd Zin, Najibah
author_sort	Mohamed Jani, Hidayati
title	Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
title_short	Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
title_full	Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
title_fullStr	Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
title_full_unstemmed	Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
title_sort	jurisdictional conflict on interfaith custody dispute in malaysia: challenges and prospect for reform
publisher	The Faculty of Law, Universiti Teknologi MARA (UiTM)
publishDate	2016
url	http://irep.iium.edu.my/54594/ http://irep.iium.edu.my/54594/ http://irep.iium.edu.my/54594/1/54594_Jurisdictional%20Conflict%20on%20Interfaith%20Custody.pdf
first_indexed	2023-09-18T21:17:14Z
last_indexed	2023-09-18T21:17:14Z
_version_	1777411643997683712

Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform

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