Right of a child to maintenance: harmonising the laws in Malaysia

One of the issues in child’s maintenance is the maximum age of a child in which a father is still responsible over the maintenance. Under the Civil law, there is no provision which requires the parent to provide maintenance if the child is pursuing his/her tertiary education. The Islamic Family law...

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Main Authors:	Abdul Hak, Nora, Che Soh @ Yusoff, Roslina, Mohd Hashim, Noraini
Format:	Book Chapter
Language:	English
Published:	IIUM Press 2011
Subjects:	K Law (General) KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/9300/ http://irep.iium.edu.my/9300/ http://irep.iium.edu.my/9300/1/C10_-_Right_of_a_child_to_maintenance.pdf

id	iium-9300
recordtype	eprints
spelling	iium-93002012-07-12T08:03:52Z http://irep.iium.edu.my/9300/ Right of a child to maintenance: harmonising the laws in Malaysia Abdul Hak, Nora Che Soh @ Yusoff, Roslina Mohd Hashim, Noraini K Law (General) KBP1 Islamic law.Shariah.Fiqh One of the issues in child’s maintenance is the maximum age of a child in which a father is still responsible over the maintenance. Under the Civil law, there is no provision which requires the parent to provide maintenance if the child is pursuing his/her tertiary education. The Islamic Family law provides eighteen years old as the maximum age for a child to still be entitled to maintenance. It is also provided that if the child is pursuing his/her tertiary education, claim for the educational expenses can be made at the Shariah court against the parent. There is no similar provision under the Law Reform Act, 1976. There are also other aspects in child’s maintenance that can be harmonised under the existing laws in Malaysia. Thus, the chapter deliberates the right of a child to maintenance in Shariah and Civil law. Relevant legal provisions as provided for under the Malaysian laws i.e., the Law Reform Act, 1976 and the Islamic Family Law Act/Enactment and the practice of the Malaysian courts deliberating this right of a child will be the focus of the chapter. Cases decided at the Shariah and Civil Courts relating to the claim of child’s maintenance are analysed to study the practice of it in Malaysia as well as its problems and restrictions. It is hoped that by analysing the current the legal provisions on child’s maintenance and its practice in Malaysia, suggestions and recommendations can be made to further improve this area of law. Hence, the right of a child to maintenance as provided for under the law will be safeguarded. IIUM Press 2011 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/9300/1/C10_-_Right_of_a_child_to_maintenance.pdf Abdul Hak, Nora and Che Soh @ Yusoff, Roslina and Mohd Hashim, Noraini (2011) Right of a child to maintenance: harmonising the laws in Malaysia. In: Harmonisation of the Shari'ah and civil laws (perspective and practice). IIUM Press, Kuala Lumpur, pp. 243-255. ISBN 9789670225890 http://rms.research.iium.edu.my/bookstore/default.aspx
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) KBP1 Islamic law.Shariah.Fiqh
spellingShingle	K Law (General) KBP1 Islamic law.Shariah.Fiqh Abdul Hak, Nora Che Soh @ Yusoff, Roslina Mohd Hashim, Noraini Right of a child to maintenance: harmonising the laws in Malaysia
description	One of the issues in child’s maintenance is the maximum age of a child in which a father is still responsible over the maintenance. Under the Civil law, there is no provision which requires the parent to provide maintenance if the child is pursuing his/her tertiary education. The Islamic Family law provides eighteen years old as the maximum age for a child to still be entitled to maintenance. It is also provided that if the child is pursuing his/her tertiary education, claim for the educational expenses can be made at the Shariah court against the parent. There is no similar provision under the Law Reform Act, 1976. There are also other aspects in child’s maintenance that can be harmonised under the existing laws in Malaysia. Thus, the chapter deliberates the right of a child to maintenance in Shariah and Civil law. Relevant legal provisions as provided for under the Malaysian laws i.e., the Law Reform Act, 1976 and the Islamic Family Law Act/Enactment and the practice of the Malaysian courts deliberating this right of a child will be the focus of the chapter. Cases decided at the Shariah and Civil Courts relating to the claim of child’s maintenance are analysed to study the practice of it in Malaysia as well as its problems and restrictions. It is hoped that by analysing the current the legal provisions on child’s maintenance and its practice in Malaysia, suggestions and recommendations can be made to further improve this area of law. Hence, the right of a child to maintenance as provided for under the law will be safeguarded.
format	Book Chapter
author	Abdul Hak, Nora Che Soh @ Yusoff, Roslina Mohd Hashim, Noraini
author_facet	Abdul Hak, Nora Che Soh @ Yusoff, Roslina Mohd Hashim, Noraini
author_sort	Abdul Hak, Nora
title	Right of a child to maintenance: harmonising the laws in Malaysia
title_short	Right of a child to maintenance: harmonising the laws in Malaysia
title_full	Right of a child to maintenance: harmonising the laws in Malaysia
title_fullStr	Right of a child to maintenance: harmonising the laws in Malaysia
title_full_unstemmed	Right of a child to maintenance: harmonising the laws in Malaysia
title_sort	right of a child to maintenance: harmonising the laws in malaysia
publisher	IIUM Press
publishDate	2011
url	http://irep.iium.edu.my/9300/ http://irep.iium.edu.my/9300/ http://irep.iium.edu.my/9300/1/C10_-_Right_of_a_child_to_maintenance.pdf
first_indexed	2023-09-18T20:19:01Z
last_indexed	2023-09-18T20:19:01Z
_version_	1777407980881313792

Right of a child to maintenance: harmonising the laws in Malaysia

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