Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law
This paper examines the child’s right to determine his / her religious status when one parents converts to Islam under Malaysian law. Determination as to the religious status of a child as well as custodial rights are very much in dispute between these parents as their marriage has to come to an...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
INSI Publications
2012
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/27964/ http://irep.iium.edu.my/27964/1/Religion_of_child.pdf |
| _version_ | 1848779898607370240 |
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| author | Mohd Zin, Najibah Che Soh @ Yusoff, Roslina |
| author_facet | Mohd Zin, Najibah Che Soh @ Yusoff, Roslina |
| author_sort | Mohd Zin, Najibah |
| building | IIUM Repository |
| collection | Online Access |
| description | This paper examines the child’s right to determine his / her religious status when one
parents converts to Islam under Malaysian law. Determination as to the religious status of a child as
well as custodial rights are very much in dispute between these parents as their marriage has to come to
an end due to religious sanctions and lack of tolerance between them to come to a settlement. As
opposed to custodial right, the issue is whether the welfare principle is still relevant in determining the
religious status of a child. The current practice suggests that the father is the central focus in deciding
the child’s religion under the Federal Constitution as well as Shari‘ah rules though lately there were
arguments to allow both parents to have such power. Therefore this study will examine legal
provisions pertaining to children’s right to religion under Malaysian law and explore an equal position
under the Shari‘ah. |
| first_indexed | 2025-11-14T15:25:05Z |
| format | Article |
| id | iium-27964 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:25:05Z |
| publishDate | 2012 |
| publisher | INSI Publications |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-279642023-05-08T07:35:29Z http://irep.iium.edu.my/27964/ Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law Mohd Zin, Najibah Che Soh @ Yusoff, Roslina K Law (General) KBP Islamic Law This paper examines the child’s right to determine his / her religious status when one parents converts to Islam under Malaysian law. Determination as to the religious status of a child as well as custodial rights are very much in dispute between these parents as their marriage has to come to an end due to religious sanctions and lack of tolerance between them to come to a settlement. As opposed to custodial right, the issue is whether the welfare principle is still relevant in determining the religious status of a child. The current practice suggests that the father is the central focus in deciding the child’s religion under the Federal Constitution as well as Shari‘ah rules though lately there were arguments to allow both parents to have such power. Therefore this study will examine legal provisions pertaining to children’s right to religion under Malaysian law and explore an equal position under the Shari‘ah. INSI Publications 2012-11 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27964/1/Religion_of_child.pdf Mohd Zin, Najibah and Che Soh @ Yusoff, Roslina (2012) Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 66-73. ISSN 1991-8178 http://www.ajbasweb.com/ajbas_Special%20issue_2012.html |
| spellingShingle | K Law (General) KBP Islamic Law Mohd Zin, Najibah Che Soh @ Yusoff, Roslina Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law |
| title | Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law |
| title_full | Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law |
| title_fullStr | Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law |
| title_full_unstemmed | Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law |
| title_short | Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law |
| title_sort | legal disputes in determining the religion of the child when one parent converts to islam under malaysian law |
| topic | K Law (General) KBP Islamic Law |
| url | http://irep.iium.edu.my/27964/ http://irep.iium.edu.my/27964/ http://irep.iium.edu.my/27964/1/Religion_of_child.pdf |