The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position
In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention (the Convention) has been adopted to secure the return of abducted children to their home country. Most Muslim countries are, however, not yet parties to the Convention. This article...
| Main Authors: | , , , |
|---|---|
| Format: | Article |
| Language: | English English |
| Published: |
Brill
2017
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/29/61315%20The%20Applicability%20of%20the%201980%20Hague%20Abduction.pdf http://irep.iium.edu.my/61315/18/61315_The%20applicability%20of%20the%201980%20Hague%20Abduction%20Convention_scopus.pdf |
| _version_ | 1848785650260639744 |
|---|---|
| author | Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah Mohamed Jani, Hidayati |
| author_facet | Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah Mohamed Jani, Hidayati |
| author_sort | Hamid, Abdul Ghafur@Khin Maung Sein |
| building | IIUM Repository |
| collection | Online Access |
| description | In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention (the Convention) has been adopted to secure the return of abducted children to their home country. Most Muslim countries are, however, not yet parties to the Convention. This article seeks to investigate the reason for this phenomenon, focusing in particular on the Convention’s compatibility with basic tenets of Islamic law. The article also evaluates Malaysian domestic legislation and case law in order to assess whether Malaysia is in a position to be a party to the Convention. The article finds that although there are a few areas of concern, no serious incompatibility between Shari’ah and the Convention exist, and that more dissemination is required to quash misconceptions about the Convention among Muslim countries. The article concludes with recommendations for Muslim countries in this crucial area of protecting the best interests of our children. |
| first_indexed | 2025-11-14T16:56:31Z |
| format | Article |
| id | iium-61315 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T16:56:31Z |
| publishDate | 2017 |
| publisher | Brill |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-613152019-03-14T07:53:31Z http://irep.iium.edu.my/61315/ The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah Mohamed Jani, Hidayati K Law (General) KPG Malaysia In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention (the Convention) has been adopted to secure the return of abducted children to their home country. Most Muslim countries are, however, not yet parties to the Convention. This article seeks to investigate the reason for this phenomenon, focusing in particular on the Convention’s compatibility with basic tenets of Islamic law. The article also evaluates Malaysian domestic legislation and case law in order to assess whether Malaysia is in a position to be a party to the Convention. The article finds that although there are a few areas of concern, no serious incompatibility between Shari’ah and the Convention exist, and that more dissemination is required to quash misconceptions about the Convention among Muslim countries. The article concludes with recommendations for Muslim countries in this crucial area of protecting the best interests of our children. Brill 2017-12-21 Article PeerReviewed application/pdf en http://irep.iium.edu.my/61315/29/61315%20The%20Applicability%20of%20the%201980%20Hague%20Abduction.pdf application/pdf en http://irep.iium.edu.my/61315/18/61315_The%20applicability%20of%20the%201980%20Hague%20Abduction%20Convention_scopus.pdf Hamid, Abdul Ghafur@Khin Maung Sein and Abdul Hak, Nora and Mohd Zin, Najibah and Mohamed Jani, Hidayati (2017) The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position. Arab Law Quarterly, 32 (2). pp. 99-128. ISSN 0268-0556 E-ISSN 1573-0255 (In Press) http://booksandjournals.brillonline.com/content/journals/10.1163/15730255-12322054 10.1163/15730255-12322054 |
| spellingShingle | K Law (General) KPG Malaysia Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah Mohamed Jani, Hidayati The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position |
| title | The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position |
| title_full | The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position |
| title_fullStr | The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position |
| title_full_unstemmed | The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position |
| title_short | The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position |
| title_sort | applicability of the 1980 hague abduction convention in muslim countries: particular reference to the malaysian position |
| topic | K Law (General) KPG Malaysia |
| url | http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/29/61315%20The%20Applicability%20of%20the%201980%20Hague%20Abduction.pdf http://irep.iium.edu.my/61315/18/61315_The%20applicability%20of%20the%201980%20Hague%20Abduction%20Convention_scopus.pdf |