The challenges in enforcing post divorce order of native court in East Malaysia

The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. Their existence is recognised by the Malaysian Government and their rights are mentioned in the Federal Constitution of Malaysia. Despite the facts that these courts are given power and authority in...

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Main Authors:	Mohd Zin, Najibah, Abdul Hak, Nora, Che Soh @ Yusoff, Roslina, Md Hashim, Noraini, Ambaras Khan, Hanna, Md Said, Muhamad Helmi
Format:	Conference or Workshop Item
Language:	English English
Published:	2018
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/65856/ http://irep.iium.edu.my/65856/ http://irep.iium.edu.my/65856/7/The%20Challenges%20in%20Enforcing%20Post%20Divorce%20Orders%20of%20Native%20Court.pdf http://irep.iium.edu.my/65856/13/65856_The%20Challenges%20in%20Enforcing%20Post%20Divorce.pdf

id	iium-65856
recordtype	eprints
spelling	iium-658562018-10-15T02:58:40Z http://irep.iium.edu.my/65856/ The challenges in enforcing post divorce order of native court in East Malaysia Mohd Zin, Najibah Abdul Hak, Nora Che Soh @ Yusoff, Roslina Md Hashim, Noraini Ambaras Khan, Hanna Md Said, Muhamad Helmi K Law (General) KPG Malaysia The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. Their existence is recognised by the Malaysian Government and their rights are mentioned in the Federal Constitution of Malaysia. Despite the facts that these courts are given power and authority in dealing with the personal law of the native in each state, there are challenges in enforcing orders of post-divorce of these courts. This paper is significant since there is no such study done yet under this topic. The objectives of this paper are to study the enforcement of post-divorce order in native court in East Malaysia, to examine the problems and challenges facing by the divorcees in enforcing the divorce’s order and make recommendation in overcoming them as to improve the current system. This paper adopts library-based and qualitative research method which consists of group discussion and interview of the village headman (ketua kampung) headman (penghulu), community leader, native courts’ judges, native court of appeal’s judge, registrar of native court and divorcees. The result of this research showed that there are four challenges that need to be addressed. First, the husband could not be found upon the issuance of the divorce order; second, husband’s default payment of maintenance; third, lack of man power and lastly, husband convert to Islam. Thereafter, this paper suggests the States government to assist the court by providing bailiff or enforcement body, increase funding and to create a department or body in assisting the divorcee to enforce the divorce order. 2018 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/65856/7/The%20Challenges%20in%20Enforcing%20Post%20Divorce%20Orders%20of%20Native%20Court.pdf application/pdf en http://irep.iium.edu.my/65856/13/65856_The%20Challenges%20in%20Enforcing%20Post%20Divorce.pdf Mohd Zin, Najibah and Abdul Hak, Nora and Che Soh @ Yusoff, Roslina and Md Hashim, Noraini and Ambaras Khan, Hanna and Md Said, Muhamad Helmi (2018) The challenges in enforcing post divorce order of native court in East Malaysia. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished) https://iclas2018.org/parallel-sessions/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Mohd Zin, Najibah Abdul Hak, Nora Che Soh @ Yusoff, Roslina Md Hashim, Noraini Ambaras Khan, Hanna Md Said, Muhamad Helmi The challenges in enforcing post divorce order of native court in East Malaysia
description	The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. Their existence is recognised by the Malaysian Government and their rights are mentioned in the Federal Constitution of Malaysia. Despite the facts that these courts are given power and authority in dealing with the personal law of the native in each state, there are challenges in enforcing orders of post-divorce of these courts. This paper is significant since there is no such study done yet under this topic. The objectives of this paper are to study the enforcement of post-divorce order in native court in East Malaysia, to examine the problems and challenges facing by the divorcees in enforcing the divorce’s order and make recommendation in overcoming them as to improve the current system. This paper adopts library-based and qualitative research method which consists of group discussion and interview of the village headman (ketua kampung) headman (penghulu), community leader, native courts’ judges, native court of appeal’s judge, registrar of native court and divorcees. The result of this research showed that there are four challenges that need to be addressed. First, the husband could not be found upon the issuance of the divorce order; second, husband’s default payment of maintenance; third, lack of man power and lastly, husband convert to Islam. Thereafter, this paper suggests the States government to assist the court by providing bailiff or enforcement body, increase funding and to create a department or body in assisting the divorcee to enforce the divorce order.
format	Conference or Workshop Item
author	Mohd Zin, Najibah Abdul Hak, Nora Che Soh @ Yusoff, Roslina Md Hashim, Noraini Ambaras Khan, Hanna Md Said, Muhamad Helmi
author_facet	Mohd Zin, Najibah Abdul Hak, Nora Che Soh @ Yusoff, Roslina Md Hashim, Noraini Ambaras Khan, Hanna Md Said, Muhamad Helmi
author_sort	Mohd Zin, Najibah
title	The challenges in enforcing post divorce order of native court in East Malaysia
title_short	The challenges in enforcing post divorce order of native court in East Malaysia
title_full	The challenges in enforcing post divorce order of native court in East Malaysia
title_fullStr	The challenges in enforcing post divorce order of native court in East Malaysia
title_full_unstemmed	The challenges in enforcing post divorce order of native court in East Malaysia
title_sort	challenges in enforcing post divorce order of native court in east malaysia
publishDate	2018
url	http://irep.iium.edu.my/65856/ http://irep.iium.edu.my/65856/ http://irep.iium.edu.my/65856/7/The%20Challenges%20in%20Enforcing%20Post%20Divorce%20Orders%20of%20Native%20Court.pdf http://irep.iium.edu.my/65856/13/65856_The%20Challenges%20in%20Enforcing%20Post%20Divorce.pdf
first_indexed	2023-09-18T21:33:26Z
last_indexed	2023-09-18T21:33:26Z
_version_	1777412662981820416

The challenges in enforcing post divorce order of native court in East Malaysia

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