Parental rights to maintenance under Islamic law

The relationship between parents and children is of a profound and special one. This is due to the fact that such relationship is based on blood and lineage relationship. The relationship gives rise to various duties and rights particularly the rights of children or duties of parent toward their chi...

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Main Author: Hj Ibrahim, Badruddin
Format: Proceeding Paper
Language:English
Published: 2007
Subjects:
Online Access:http://irep.iium.edu.my/26334/
http://irep.iium.edu.my/26334/1/Parental_Rights_To_Maintenance.pdf
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author Hj Ibrahim, Badruddin
author_facet Hj Ibrahim, Badruddin
author_sort Hj Ibrahim, Badruddin
building IIUM Repository
collection Online Access
description The relationship between parents and children is of a profound and special one. This is due to the fact that such relationship is based on blood and lineage relationship. The relationship gives rise to various duties and rights particularly the rights of children or duties of parent toward their children, for instance, right of children to protection, custody, guardianship and maintenance. These rights of children are basically recognized by every legal system of the world. The question is whether such relationship reflects only one-side responsbility i.e. the responsibility of parent. Do children also owe a legal duty toward their parent? This paper seeks to examine one of the significant reghts of parent concerning maintenance under the jurisdiction of Islamic law, whether a parent is entitled to such right. In case if they are entitled, it follows that whether such right is legally enforceable in the court of law or merely an ethical recommendation. In additional, it examines the circumstances and conditions of the entitlement of parent to maintenance. It also examines the position of current Islamic law in Malaysia as to what extent such law emphasizes and provides significant provisions on just and equitable law to protect parents' rights to maintenance. Finally, the paper will provide, where necessary, comments and suggestions on the issue.
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spelling iium-263342024-12-23T09:00:20Z http://irep.iium.edu.my/26334/ Parental rights to maintenance under Islamic law Hj Ibrahim, Badruddin K Law (General) The relationship between parents and children is of a profound and special one. This is due to the fact that such relationship is based on blood and lineage relationship. The relationship gives rise to various duties and rights particularly the rights of children or duties of parent toward their children, for instance, right of children to protection, custody, guardianship and maintenance. These rights of children are basically recognized by every legal system of the world. The question is whether such relationship reflects only one-side responsbility i.e. the responsibility of parent. Do children also owe a legal duty toward their parent? This paper seeks to examine one of the significant reghts of parent concerning maintenance under the jurisdiction of Islamic law, whether a parent is entitled to such right. In case if they are entitled, it follows that whether such right is legally enforceable in the court of law or merely an ethical recommendation. In additional, it examines the circumstances and conditions of the entitlement of parent to maintenance. It also examines the position of current Islamic law in Malaysia as to what extent such law emphasizes and provides significant provisions on just and equitable law to protect parents' rights to maintenance. Finally, the paper will provide, where necessary, comments and suggestions on the issue. 2007 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/26334/1/Parental_Rights_To_Maintenance.pdf Hj Ibrahim, Badruddin (2007) Parental rights to maintenance under Islamic law. In: The 4th Asian Law Institute (ASLI) Conference "Voice from asia for a just and equitable world", 24-25 May 2007, Depok, Indonesia.
spellingShingle K Law (General)
Hj Ibrahim, Badruddin
Parental rights to maintenance under Islamic law
title Parental rights to maintenance under Islamic law
title_full Parental rights to maintenance under Islamic law
title_fullStr Parental rights to maintenance under Islamic law
title_full_unstemmed Parental rights to maintenance under Islamic law
title_short Parental rights to maintenance under Islamic law
title_sort parental rights to maintenance under islamic law
topic K Law (General)
url http://irep.iium.edu.my/26334/
http://irep.iium.edu.my/26334/1/Parental_Rights_To_Maintenance.pdf