Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues

This paper focuses on the issues of conversion of one of the party to a non- Muslim marriage to Islam. In Malaysia, there are some legal problems that need to be addressed particularly concerning the rights of a wife to the ancillary claims after the dissolution of the marriage such as maintenance,...

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Main Authors: Abdul Hak, Nora, Mohd Zin, Najibah, Mahmud, Mek Wok
Format: Proceeding Paper
Language:English
English
Published: 2018
Subjects:
Online Access:http://irep.iium.edu.my/65867/
http://irep.iium.edu.my/65867/1/ISSCITU%202018.pdf
http://irep.iium.edu.my/65867/12/65867_Legal%20rights%20of%20Chinese%20Muslims.pdf
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author Abdul Hak, Nora
Mohd Zin, Najibah
Mahmud, Mek Wok
author_facet Abdul Hak, Nora
Mohd Zin, Najibah
Mahmud, Mek Wok
author_sort Abdul Hak, Nora
building IIUM Repository
collection Online Access
description This paper focuses on the issues of conversion of one of the party to a non- Muslim marriage to Islam. In Malaysia, there are some legal problems that need to be addressed particularly concerning the rights of a wife to the ancillary claims after the dissolution of the marriage such as maintenance, division of matrimonial property and custody of children. These issues have been discussed by the Malaysian courts in their judgments when they preside over cases involving conversion to Islam. Among the issues that have been raised is whether a non-Muslim wife is entitled to maintenance when her husband converted to Islam and if she is still entitled the next question is for how long will she get the maintenance. Other issues discussed in the paper are; which party that shall be entitled to the custody of the child and also issue concerning the legal status of the marriage. The paper analyses the legal provisions including the recent amendment to the Law Reform (Marriage and Divorce) Act 1976. It also examines court cases, which involve Chinese parties on conversion to Islam.
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institution International Islamic University Malaysia
institution_category Local University
language English
English
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publishDate 2018
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spelling iium-658672018-09-24T02:00:03Z http://irep.iium.edu.my/65867/ Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues Abdul Hak, Nora Mohd Zin, Najibah Mahmud, Mek Wok KBP1 Islamic law.Shariah.Fiqh This paper focuses on the issues of conversion of one of the party to a non- Muslim marriage to Islam. In Malaysia, there are some legal problems that need to be addressed particularly concerning the rights of a wife to the ancillary claims after the dissolution of the marriage such as maintenance, division of matrimonial property and custody of children. These issues have been discussed by the Malaysian courts in their judgments when they preside over cases involving conversion to Islam. Among the issues that have been raised is whether a non-Muslim wife is entitled to maintenance when her husband converted to Islam and if she is still entitled the next question is for how long will she get the maintenance. Other issues discussed in the paper are; which party that shall be entitled to the custody of the child and also issue concerning the legal status of the marriage. The paper analyses the legal provisions including the recent amendment to the Law Reform (Marriage and Divorce) Act 1976. It also examines court cases, which involve Chinese parties on conversion to Islam. 2018 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/65867/1/ISSCITU%202018.pdf application/pdf en http://irep.iium.edu.my/65867/12/65867_Legal%20rights%20of%20Chinese%20Muslims.pdf Abdul Hak, Nora and Mohd Zin, Najibah and Mahmud, Mek Wok (2018) Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues. In: 3rd International Social Science Conference: Islamic Thought & Understanding (ISSCITU 2018), 1st-3rd May 2018, Langkawi, Malaysia. (Unpublished) http://www.iium.edu.my/news/3rd-international-social-science-conference-on-islamic-thought-and-understanding-2018isscitu-2018-36542
spellingShingle KBP1 Islamic law.Shariah.Fiqh
Abdul Hak, Nora
Mohd Zin, Najibah
Mahmud, Mek Wok
Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues
title Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues
title_full Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues
title_fullStr Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues
title_full_unstemmed Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues
title_short Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues
title_sort legal rights of chinese muslims in the case of conversion to islam in malaysia: with reference to family law issues
topic KBP1 Islamic law.Shariah.Fiqh
url http://irep.iium.edu.my/65867/
http://irep.iium.edu.my/65867/
http://irep.iium.edu.my/65867/1/ISSCITU%202018.pdf
http://irep.iium.edu.my/65867/12/65867_Legal%20rights%20of%20Chinese%20Muslims.pdf