International parental child abduction in the Malaysian legal context: issues and the way forward

The number of international parental child abduction cases is gradually increasing and the problem has now become a global phenomenon. The worrying situation is that the problem in question is extremely difficult to resolve due to conflicting substantive and procedural laws in various countries. The...

Full description

Bibliographic Details
Main Authors:	Hamid, Abdul Ghafur@Khin Maung Sein, Kamaruddin, Zaleha
Format:	Article
Language:	English English
Published:	Ahmad Ibrahim Kulliyyah of Law, International Islamic University Malaysia 2018
Subjects:	KPG Malaysia
Online Access:	http://irep.iium.edu.my/69297/ http://irep.iium.edu.my/69297/ http://irep.iium.edu.my/69297/ http://irep.iium.edu.my/69297/1/69297_International%20parental%20child%20abduction.pdf http://irep.iium.edu.my/69297/7/69297_International%20parental%20child%20abduction_WOS.pdf

id	iium-69297
recordtype	eprints
spelling	iium-692972019-01-24T06:40:16Z http://irep.iium.edu.my/69297/ International parental child abduction in the Malaysian legal context: issues and the way forward Hamid, Abdul Ghafur@Khin Maung Sein Kamaruddin, Zaleha KPG Malaysia The number of international parental child abduction cases is gradually increasing and the problem has now become a global phenomenon. The worrying situation is that the problem in question is extremely difficult to resolve due to conflicting substantive and procedural laws in various countries. The 1980 Child Abduction Convention is an attempt to address the problem by means of an automatic return mechanism of the abducted child to his country of habitual residence. However, a Malaysian parent would not have that privilege as Malaysia is not a party to the Convention. The primary focus of the present work is to examine whether Malaysia has adequate legal and procedural framework to address the issue of cross-border parental child abduction. The present work makes a thorough analysis of the dual legal system of Malaysia, namely both the civil law and Islamic law streams when dealing with child custody and parental child abduction and assesses in-coming and out-going international parental child abduction cases decided by the Malaysian courts. The article finds that although in the long run, Malaysia should accede to the Child Abduction Convention, there are legitimate concerns on the part of stakeholders and on the fact that the opinion on the ground is against the accession. The article concludes that in the meantime, section 52 of the Child Act 2001 should be amended to strengthen the legal regime regulating parental child abduction in Malaysia. Ahmad Ibrahim Kulliyyah of Law, International Islamic University Malaysia 2018-12-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/69297/1/69297_International%20parental%20child%20abduction.pdf application/pdf en http://irep.iium.edu.my/69297/7/69297_International%20parental%20child%20abduction_WOS.pdf Hamid, Abdul Ghafur@Khin Maung Sein and Kamaruddin, Zaleha (2018) International parental child abduction in the Malaysian legal context: issues and the way forward. IIUM Law Journal, 26 (2). pp. 275-306. ISSN 0128-2530 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/423/235 10.31436/iiumlj.v26i2.423
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KPG Malaysia
spellingShingle	KPG Malaysia Hamid, Abdul Ghafur@Khin Maung Sein Kamaruddin, Zaleha International parental child abduction in the Malaysian legal context: issues and the way forward
description	The number of international parental child abduction cases is gradually increasing and the problem has now become a global phenomenon. The worrying situation is that the problem in question is extremely difficult to resolve due to conflicting substantive and procedural laws in various countries. The 1980 Child Abduction Convention is an attempt to address the problem by means of an automatic return mechanism of the abducted child to his country of habitual residence. However, a Malaysian parent would not have that privilege as Malaysia is not a party to the Convention. The primary focus of the present work is to examine whether Malaysia has adequate legal and procedural framework to address the issue of cross-border parental child abduction. The present work makes a thorough analysis of the dual legal system of Malaysia, namely both the civil law and Islamic law streams when dealing with child custody and parental child abduction and assesses in-coming and out-going international parental child abduction cases decided by the Malaysian courts. The article finds that although in the long run, Malaysia should accede to the Child Abduction Convention, there are legitimate concerns on the part of stakeholders and on the fact that the opinion on the ground is against the accession. The article concludes that in the meantime, section 52 of the Child Act 2001 should be amended to strengthen the legal regime regulating parental child abduction in Malaysia.
format	Article
author	Hamid, Abdul Ghafur@Khin Maung Sein Kamaruddin, Zaleha
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein Kamaruddin, Zaleha
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	International parental child abduction in the Malaysian legal context: issues and the way forward
title_short	International parental child abduction in the Malaysian legal context: issues and the way forward
title_full	International parental child abduction in the Malaysian legal context: issues and the way forward
title_fullStr	International parental child abduction in the Malaysian legal context: issues and the way forward
title_full_unstemmed	International parental child abduction in the Malaysian legal context: issues and the way forward
title_sort	international parental child abduction in the malaysian legal context: issues and the way forward
publisher	Ahmad Ibrahim Kulliyyah of Law, International Islamic University Malaysia
publishDate	2018
url	http://irep.iium.edu.my/69297/ http://irep.iium.edu.my/69297/ http://irep.iium.edu.my/69297/ http://irep.iium.edu.my/69297/1/69297_International%20parental%20child%20abduction.pdf http://irep.iium.edu.my/69297/7/69297_International%20parental%20child%20abduction_WOS.pdf
first_indexed	2023-09-18T21:38:22Z
last_indexed	2023-09-18T21:38:22Z
_version_	1777412973283770368

International parental child abduction in the Malaysian legal context: issues and the way forward

Similar Items