Conciliation and mediation in civil and Islamic family laws: issues and challenges

Introduction In UK, Mediation is introduced under the new law as a result of dissatisfaction with the procedural aspects of the law and ineffectiveness of the provisions intended to encourage reconciliation. The same also happen in Malaysia however, there has been no changes have taken place. Me...

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Main Author:	Abdul Hak, Nora
Format:	Conference or Workshop Item
Language:	English English
Published:	2011
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/9402/ http://irep.iium.edu.my/9402/5/ALSA_Paper.pdf http://irep.iium.edu.my/9402/8/9402.pdf

id	iium-9402
recordtype	eprints
spelling	iium-94022016-03-17T07:18:43Z http://irep.iium.edu.my/9402/ Conciliation and mediation in civil and Islamic family laws: issues and challenges Abdul Hak, Nora K Law (General) KBP Islamic Law Introduction In UK, Mediation is introduced under the new law as a result of dissatisfaction with the procedural aspects of the law and ineffectiveness of the provisions intended to encourage reconciliation. The same also happen in Malaysia however, there has been no changes have taken place. Mediation has two main objects that are to define the matters on which the parties are in dispute and to encourage them to come to an agreed solution. The growth of interest in mediation reflects the changed attitude towards financial consequences and especially its effect on the children of the marriage. Research suggests that the children find emotional adjustment more difficult if the parents’ relationship is hostile and conflict between them continues after divorce or separation, particularly if contact with one parent is not maintained. One of the strongest arguments in favour of mediation is that the possibility of bitterness will be reduced and the prospects of both spouses continuing to play an active role as parents will be enhanced if they can reach agreement. Mediation enables the parties to retain control of their own affairs rather than have solution imposed on them. 2011 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/9402/5/ALSA_Paper.pdf application/pdf en http://irep.iium.edu.my/9402/8/9402.pdf Abdul Hak, Nora (2011) Conciliation and mediation in civil and Islamic family laws: issues and challenges. In: Asian Law Students’ Association (ALSA) National Conference 2011, 21st May 2011, Dewan Seri Budiman, UiTM Shah Alam, Selangor. (Unpublished)
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) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Abdul Hak, Nora Conciliation and mediation in civil and Islamic family laws: issues and challenges
description	Introduction In UK, Mediation is introduced under the new law as a result of dissatisfaction with the procedural aspects of the law and ineffectiveness of the provisions intended to encourage reconciliation. The same also happen in Malaysia however, there has been no changes have taken place. Mediation has two main objects that are to define the matters on which the parties are in dispute and to encourage them to come to an agreed solution. The growth of interest in mediation reflects the changed attitude towards financial consequences and especially its effect on the children of the marriage. Research suggests that the children find emotional adjustment more difficult if the parents’ relationship is hostile and conflict between them continues after divorce or separation, particularly if contact with one parent is not maintained. One of the strongest arguments in favour of mediation is that the possibility of bitterness will be reduced and the prospects of both spouses continuing to play an active role as parents will be enhanced if they can reach agreement. Mediation enables the parties to retain control of their own affairs rather than have solution imposed on them.
format	Conference or Workshop Item
author	Abdul Hak, Nora
author_facet	Abdul Hak, Nora
author_sort	Abdul Hak, Nora
title	Conciliation and mediation in civil and Islamic family laws: issues and challenges
title_short	Conciliation and mediation in civil and Islamic family laws: issues and challenges
title_full	Conciliation and mediation in civil and Islamic family laws: issues and challenges
title_fullStr	Conciliation and mediation in civil and Islamic family laws: issues and challenges
title_full_unstemmed	Conciliation and mediation in civil and Islamic family laws: issues and challenges
title_sort	conciliation and mediation in civil and islamic family laws: issues and challenges
publishDate	2011
url	http://irep.iium.edu.my/9402/ http://irep.iium.edu.my/9402/5/ALSA_Paper.pdf http://irep.iium.edu.my/9402/8/9402.pdf
first_indexed	2023-09-18T20:19:06Z
last_indexed	2023-09-18T20:19:06Z
_version_	1777407986589761536

Conciliation and mediation in civil and Islamic family laws: issues and challenges

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