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,...
| Main Authors: | , , |
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| Format: | Proceeding Paper |
| Language: | English English |
| Published: |
2018
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| 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 |
| _version_ | 1848786465199226880 |
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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. |
| first_indexed | 2025-11-14T17:09:28Z |
| format | Proceeding Paper |
| id | iium-65867 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T17:09:28Z |
| publishDate | 2018 |
| recordtype | eprints |
| repository_type | Digital Repository |
| 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 |