Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
Interfaith custody dispute is one of the area in which the conflict of jurisdiction between the civil court and the Syariah court arises. The conversion to Islam by one party to a non-Muslim marriage has an impact on the legality of the marriage, and more importantly the determination as to the cust...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English |
| Published: |
The Faculty of Law, Universiti Teknologi MARA (UiTM)
2016
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/54594/ http://irep.iium.edu.my/54594/1/54594_Jurisdictional%20Conflict%20on%20Interfaith%20Custody.pdf |
| _version_ | 1848784438182281216 |
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| author | Mohamed Jani, Hidayati Mohd Zin, Najibah |
| author_facet | Mohamed Jani, Hidayati Mohd Zin, Najibah |
| author_sort | Mohamed Jani, Hidayati |
| building | IIUM Repository |
| collection | Online Access |
| description | Interfaith custody dispute is one of the area in which the conflict of jurisdiction between the civil court and the Syariah court arises. The conversion to Islam by one party to a non-Muslim marriage has an impact on the legality of the marriage, and more importantly the determination as to the custodial right of a child is very much in dispute since the parties are no longer subject to the same set of laws and courts. The current practice suggests that the converted father received custody more often than the non-Muslim mothers regardless of the age of the child. In most cases this has caused dissatisfaction particularly among non-Muslim community and given rise to an issue of whether the decision has been made in the best interest of the child especially when it involves the custodial right of a child at their tender years. Thus, this paper seeks to examine the extent of the jurisdictional conflict on interfaith custody dispute in Malaysia. The research method employs in this study is mainly a textual analysis of relevant materials and cases law relating to interfaith custody dispute. The study suggests several mechanisms to resolve the conflict where the emphasis on the best interests of the child shall be paramount. |
| first_indexed | 2025-11-14T16:37:15Z |
| format | Proceeding Paper |
| id | iium-54594 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:37:15Z |
| publishDate | 2016 |
| publisher | The Faculty of Law, Universiti Teknologi MARA (UiTM) |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-545942017-02-01T04:06:48Z http://irep.iium.edu.my/54594/ Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform Mohamed Jani, Hidayati Mohd Zin, Najibah BP188 Islamic religious life KPG Malaysia Interfaith custody dispute is one of the area in which the conflict of jurisdiction between the civil court and the Syariah court arises. The conversion to Islam by one party to a non-Muslim marriage has an impact on the legality of the marriage, and more importantly the determination as to the custodial right of a child is very much in dispute since the parties are no longer subject to the same set of laws and courts. The current practice suggests that the converted father received custody more often than the non-Muslim mothers regardless of the age of the child. In most cases this has caused dissatisfaction particularly among non-Muslim community and given rise to an issue of whether the decision has been made in the best interest of the child especially when it involves the custodial right of a child at their tender years. Thus, this paper seeks to examine the extent of the jurisdictional conflict on interfaith custody dispute in Malaysia. The research method employs in this study is mainly a textual analysis of relevant materials and cases law relating to interfaith custody dispute. The study suggests several mechanisms to resolve the conflict where the emphasis on the best interests of the child shall be paramount. The Faculty of Law, Universiti Teknologi MARA (UiTM) 2016 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/54594/1/54594_Jurisdictional%20Conflict%20on%20Interfaith%20Custody.pdf Mohamed Jani, Hidayati and Mohd Zin, Najibah (2016) Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform. In: 1st International Conference on Women and Children Legal and Social Issues (ICWC 2016), 17th-18th Oct. 2016, Subang, Selangor. http://law.uitm.edu.my/v4/index.php/icwc-2016 |
| spellingShingle | BP188 Islamic religious life KPG Malaysia Mohamed Jani, Hidayati Mohd Zin, Najibah Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform |
| title | Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform |
| title_full | Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform |
| title_fullStr | Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform |
| title_full_unstemmed | Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform |
| title_short | Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform |
| title_sort | jurisdictional conflict on interfaith custody dispute in malaysia: challenges and prospect for reform |
| topic | BP188 Islamic religious life KPG Malaysia |
| url | http://irep.iium.edu.my/54594/ http://irep.iium.edu.my/54594/ http://irep.iium.edu.my/54594/1/54594_Jurisdictional%20Conflict%20on%20Interfaith%20Custody.pdf |