Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes

An interfaith custody dispute is one of the serious issues in Malaysia that have attracted a lot of concern not only from the legal practitioners but also the government, legal authorities, researchers and the public. Where one party to a non-Muslim marriage converts to Islam, the legality of the ci...

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Main Authors:	Mohd Zin, Najibah, Abdul Hak, Nora, Hamid, Abdul Ghafur@Khin Maung Sein, Mohamed Jani, Hidayati
Format:	Conference or Workshop Item
Language:	English
Published:	2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/59303/ http://irep.iium.edu.my/59303/ http://irep.iium.edu.my/59303/13/59303-abstract.pdf

id	iium-59303
recordtype	eprints
spelling	iium-593032017-11-30T03:40:01Z http://irep.iium.edu.my/59303/ Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes Mohd Zin, Najibah Abdul Hak, Nora Hamid, Abdul Ghafur@Khin Maung Sein Mohamed Jani, Hidayati K Law (General) An interfaith custody dispute is one of the serious issues in Malaysia that have attracted a lot of concern not only from the legal practitioners but also the government, legal authorities, researchers and the public. Where one party to a non-Muslim marriage converts to Islam, the legality of the civil marriage would be affected, and more importantly it would give rise to a conflict in determining the custodial right of a child since the parties are now being subject to different set of laws and courts. Being a multiracial country, this issue needs to be resolved by the Malaysian government since it has created much confusion and dissatisfaction, particularly among non-Muslim communities and thus, it has become a matter of public interest. Consequently, an amendment to the Law Reform (Marriage and Divorce) Act 1976 was proposed and recently the amendment bill of the Law Reform (Marriage and Divorce)(Amendment) Act 2016 was tabled in the Malaysian Parliament. The aim of the amendment is to resolve interfaith custody conflicts between Muslim and non-Muslim parents. This paper seeks to examine the substance of the amendment bill particularly on the provisions, which relate to the issue of interfaith custody. The research method employed in this study is mainly a textual analysis of statutory provisions and case law relating to custody disputes involving interfaith parents. The result of the study suggests that the amendment seems not to resolve the conflict completely and other mechanisms or solutions are very much appreciated where the paramount consideration shall be the best interests of the child. 2017 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/59303/13/59303-abstract.pdf Mohd Zin, Najibah and Abdul Hak, Nora and Hamid, Abdul Ghafur@Khin Maung Sein and Mohamed Jani, Hidayati (2017) Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes. In: 16th World Conference of the International Society of Family Law, 25th – 29th July 2017, Amsterdam, The Netherlands. (Unpublished) http://acfl.nl/en/isfl-2017-world-congress/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Mohd Zin, Najibah Abdul Hak, Nora Hamid, Abdul Ghafur@Khin Maung Sein Mohamed Jani, Hidayati Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes
description	An interfaith custody dispute is one of the serious issues in Malaysia that have attracted a lot of concern not only from the legal practitioners but also the government, legal authorities, researchers and the public. Where one party to a non-Muslim marriage converts to Islam, the legality of the civil marriage would be affected, and more importantly it would give rise to a conflict in determining the custodial right of a child since the parties are now being subject to different set of laws and courts. Being a multiracial country, this issue needs to be resolved by the Malaysian government since it has created much confusion and dissatisfaction, particularly among non-Muslim communities and thus, it has become a matter of public interest. Consequently, an amendment to the Law Reform (Marriage and Divorce) Act 1976 was proposed and recently the amendment bill of the Law Reform (Marriage and Divorce)(Amendment) Act 2016 was tabled in the Malaysian Parliament. The aim of the amendment is to resolve interfaith custody conflicts between Muslim and non-Muslim parents. This paper seeks to examine the substance of the amendment bill particularly on the provisions, which relate to the issue of interfaith custody. The research method employed in this study is mainly a textual analysis of statutory provisions and case law relating to custody disputes involving interfaith parents. The result of the study suggests that the amendment seems not to resolve the conflict completely and other mechanisms or solutions are very much appreciated where the paramount consideration shall be the best interests of the child.
format	Conference or Workshop Item
author	Mohd Zin, Najibah Abdul Hak, Nora Hamid, Abdul Ghafur@Khin Maung Sein Mohamed Jani, Hidayati
author_facet	Mohd Zin, Najibah Abdul Hak, Nora Hamid, Abdul Ghafur@Khin Maung Sein Mohamed Jani, Hidayati
author_sort	Mohd Zin, Najibah
title	Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes
title_short	Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes
title_full	Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes
title_fullStr	Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes
title_full_unstemmed	Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes
title_sort	recent amendment to the malaysian family law: a step to resolve interfaith custody disputes
publishDate	2017
url	http://irep.iium.edu.my/59303/ http://irep.iium.edu.my/59303/ http://irep.iium.edu.my/59303/13/59303-abstract.pdf
first_indexed	2023-09-18T21:24:00Z
last_indexed	2023-09-18T21:24:00Z
_version_	1777412069822300160

Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes

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