Application of private international law instruments in the recognition of marriages by shariah court in Malaysia

In recent years, the phenomenon of cross-border marriage has provoked an increase of international disputes in family relationship. In Malaysia, due to growing cross-border marriage, the Shariah Court in Malaysia cannot avoid and they have been forced to react to this situation. Patterns and charact...

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Main Authors: Md Said, Muhamad Helmi, Ahamat, Haniff, Abdul Hak, Nora, Md Hashim, Noraini, Che Soh @ Yusoff, Roslina
Format: Article
Language:English
Published: Science Publishng Corporatiion : Publisher of International Academic Journals 2018
Subjects:
Online Access:http://irep.iium.edu.my/66130/
http://irep.iium.edu.my/66130/
http://irep.iium.edu.my/66130/1/IJET-18213.pdf
id iium-66130
recordtype eprints
spelling iium-661302018-10-23T08:58:35Z http://irep.iium.edu.my/66130/ Application of private international law instruments in the recognition of marriages by shariah court in Malaysia Md Said, Muhamad Helmi Ahamat, Haniff Abdul Hak, Nora Md Hashim, Noraini Che Soh @ Yusoff, Roslina K Law (General) In recent years, the phenomenon of cross-border marriage has provoked an increase of international disputes in family relationship. In Malaysia, due to growing cross-border marriage, the Shariah Court in Malaysia cannot avoid and they have been forced to react to this situation. Patterns and characteristics of cross-border marriage have varied widely among world regions and races and therefore need theoretical enlightenments. The ideals of marriage which may reflect in husbands and wives thinking of living happily ever after may easily be stumped by the realities of life when problems arise. Due to the increasing number of cross-border marriage and very limited research on the international dimensions of the law regulating peculiar aspects of marriages, this paper aims to discuss the application of rules of private international law in the Malaysian Shariah courts affecting recognition of cross-border marriage. In this study, data was obtained from materials consisting of textbooks, legal cases, legislation, journals, magazines, newsletters, newspapers, seminar and conference papers and unpublished writings (dissertations and theses). This paper involves investigation and analysis of the materials available in the library. Hence, it uses the historical, analytical and comparative methods. This article is a preamble to a more detailed study of the International marriages which the result will be useful for further improvement of the existing legal provisions in Malaysia. Science Publishng Corporatiion : Publisher of International Academic Journals 2018-08-24 Article PeerReviewed application/pdf en http://irep.iium.edu.my/66130/1/IJET-18213.pdf Md Said, Muhamad Helmi and Ahamat, Haniff and Abdul Hak, Nora and Md Hashim, Noraini and Che Soh @ Yusoff, Roslina (2018) Application of private international law instruments in the recognition of marriages by shariah court in Malaysia. International Journal of Engineering & Technology, 7 (3.30). pp. 113-117. ISSN 2227-524X ttps://www.sciencepubco.com/index.php/ijet/article/view/18213
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)
Md Said, Muhamad Helmi
Ahamat, Haniff
Abdul Hak, Nora
Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
Application of private international law instruments in the recognition of marriages by shariah court in Malaysia
description In recent years, the phenomenon of cross-border marriage has provoked an increase of international disputes in family relationship. In Malaysia, due to growing cross-border marriage, the Shariah Court in Malaysia cannot avoid and they have been forced to react to this situation. Patterns and characteristics of cross-border marriage have varied widely among world regions and races and therefore need theoretical enlightenments. The ideals of marriage which may reflect in husbands and wives thinking of living happily ever after may easily be stumped by the realities of life when problems arise. Due to the increasing number of cross-border marriage and very limited research on the international dimensions of the law regulating peculiar aspects of marriages, this paper aims to discuss the application of rules of private international law in the Malaysian Shariah courts affecting recognition of cross-border marriage. In this study, data was obtained from materials consisting of textbooks, legal cases, legislation, journals, magazines, newsletters, newspapers, seminar and conference papers and unpublished writings (dissertations and theses). This paper involves investigation and analysis of the materials available in the library. Hence, it uses the historical, analytical and comparative methods. This article is a preamble to a more detailed study of the International marriages which the result will be useful for further improvement of the existing legal provisions in Malaysia.
format Article
author Md Said, Muhamad Helmi
Ahamat, Haniff
Abdul Hak, Nora
Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
author_facet Md Said, Muhamad Helmi
Ahamat, Haniff
Abdul Hak, Nora
Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
author_sort Md Said, Muhamad Helmi
title Application of private international law instruments in the recognition of marriages by shariah court in Malaysia
title_short Application of private international law instruments in the recognition of marriages by shariah court in Malaysia
title_full Application of private international law instruments in the recognition of marriages by shariah court in Malaysia
title_fullStr Application of private international law instruments in the recognition of marriages by shariah court in Malaysia
title_full_unstemmed Application of private international law instruments in the recognition of marriages by shariah court in Malaysia
title_sort application of private international law instruments in the recognition of marriages by shariah court in malaysia
publisher Science Publishng Corporatiion : Publisher of International Academic Journals
publishDate 2018
url http://irep.iium.edu.my/66130/
http://irep.iium.edu.my/66130/
http://irep.iium.edu.my/66130/1/IJET-18213.pdf
first_indexed 2023-09-18T21:33:50Z
last_indexed 2023-09-18T21:33:50Z
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