Jurisdictional conflict in interfaith child custody disputes: a legal discourse in Malaysian courts
Conflict of jurisdiction between the Civil and Syari’ah court is not a new issue in a dual legal system such as in Malaysia. Intense debate escalates when deciding on custodial rights after divorce in an interfaith marriage. The unilateral conversion to Islam by one party in a non-Muslim marriage ha...
| Main Authors: | Mohd Zin, Najibah, Mohamed Jani, Hidayati, Hamid, Abdul Ghafur@Khin Maung Sein, Abdul Hak, Nora |
|---|---|
| Format: | Article |
| Language: | English English English |
| Published: |
International Institute of Islamic Civilisation and Malay World (ISTAC)
2019
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/73004/ http://irep.iium.edu.my/73004/1/73004_JURISDICTIONAL%20CONFLICT%20IN%20INTERFAITH%20CHILD_article.pdf http://irep.iium.edu.my/73004/2/73004%20JURISDICTIONAL%20CONFLICT_SCOPUS.pdf http://irep.iium.edu.my/73004/3/73004%20JURISDICTIONAL%20CONFLICT_wos.pdf |
Similar Items
Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
by: Mohamed Jani, Hidayati, et al.
Published: (2016)
by: Mohamed Jani, Hidayati, et al.
Published: (2016)
Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes
by: Mohd Zin, Najibah, et al.
Published: (2017)
by: Mohd Zin, Najibah, et al.
Published: (2017)
The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis
by: Hassan, Kamrul, et al.
Published: (2019)
by: Hassan, Kamrul, et al.
Published: (2019)
Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia
by: Abdul Hak, Nora, et al.
Published: (2019)
by: Abdul Hak, Nora, et al.
Published: (2019)
Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective
by: Abdul Hak, Nora
Published: (2012)
by: Abdul Hak, Nora
Published: (2012)
Resolving conflict of law issues in parental child abduction: Mediation as an effective mechanism
by: Che Soh @ Yusoff, Roslina, et al.
Published: (2017)
by: Che Soh @ Yusoff, Roslina, et al.
Published: (2017)
Establishing the legal framework for resolving private International Law issues arising from matrimonial disputes in Malaysia
by: Hamid, Abdul Ghafur@Khin Maung Sein, et al.
Published: (2019)
by: Hamid, Abdul Ghafur@Khin Maung Sein, et al.
Published: (2019)
Mediation in custody disputes: challenges and prospects in Malaysia
by: Abdul Hak, Nora
Published: (2012)
by: Abdul Hak, Nora
Published: (2012)
Mediation in custody disputes: challenges and prospects in Malaysia
by: Abdul Hak, Nora
Published: (2010)
by: Abdul Hak, Nora
Published: (2010)
The conflicts of child custody in Malaysia: sole custody vs joint custody
by: Kamaruddin, Zaleha
Published: (2012)
by: Kamaruddin, Zaleha
Published: (2012)
The conflicts of child custody in Malaysia: sole custody vs. joint custody
by: Kamaruddin, Zaleha
Published: (2012)
by: Kamaruddin, Zaleha
Published: (2012)
A judicial misconception of mosque disputes in common law jurisdiction: The supreme court's declaration of high court's jurisdiction in imamship disputes in Nigeria
by: Syed Abdul Kader, Sharifah Zubaidah, et al.
Published: (2017)
by: Syed Abdul Kader, Sharifah Zubaidah, et al.
Published: (2017)
Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia
by: Che Soh @ Yusoff, Roslina, et al.
Published: (2011)
by: Che Soh @ Yusoff, Roslina, et al.
Published: (2011)
Application of maslahah (interest) in deciding the right of hadhanah (custody) of a child: the practice in the Syariah Court of Malaysia
by: Abdul Hak, Nora, et al.
Published: (2010)
by: Abdul Hak, Nora, et al.
Published: (2010)
The World Court: The Bulwark of International Justice
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2011)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2011)
Current legal developments international court of justice
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2011)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2011)
Overview of alternative dispute resolution in the Syariah courts
by: Abdul Hak, Nora
Published: (2019)
by: Abdul Hak, Nora
Published: (2019)
Child's right to religious freedom under the convention on the rights of the child is Islamic law: examining the conflicting paradigm in selected jurisdictions
by: Abdul Hak, Nora, et al.
Published: (2016)
by: Abdul Hak, Nora, et al.
Published: (2016)
Mediation in international disputes: a useful tool for peace-making and preventive diplomacy
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2010)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2010)
From interfaith dialogue to theological discourse: Al-Faruqi's legacy in interfaith engagements
by: Kamaruzaman, Kamar Oniah
Published: (2012)
by: Kamaruzaman, Kamar Oniah
Published: (2012)
The defence of superior orders, manifest illegality principle and the statute of the international criminal court
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2009)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2009)
The defence of superior orders, manifest illegality principle and the statute of the International Criminal Court
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2008)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2008)
Court as a means of dispute resolution in adoption cases in Malaysia: An appraisal of the Syariah Court’s decision on dispute relating to custody and maintenance of adopted children
by: Mohd, Azizah, et al.
Published: (2017)
by: Mohd, Azizah, et al.
Published: (2017)
The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position
by: Hamid, Abdul Ghafur@Khin Maung Sein, et al.
Published: (2017)
by: Hamid, Abdul Ghafur@Khin Maung Sein, et al.
Published: (2017)
The amendment to the Act of 1964: reconciling the irreconcilability
by: Mohd Zin, Najibah, et al.
Published: (2018)
by: Mohd Zin, Najibah, et al.
Published: (2018)
Refining the maritime boundary delimitation approach through decisions of international courts: towards predictability and certainty
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2017)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2017)
Violence against women and children in conflict zones: legal protection
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2017)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2017)
Main causes of civilian harm in non-international armed conflicts
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2010)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2010)
Mediation/conciliation of family disputes among non-Muslims in the Civil Court
by: Abdul Hak, Nora
Published: (2010)
by: Abdul Hak, Nora
Published: (2010)
Muslim states and the implementation of the convention on the rights of the child: with special reference to Malaysia
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2013)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2013)
Muslim states and implementation of the Convention on the Rights of the Child: A special reference to Malaysia
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2012)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2012)
Shared parenting as an interpretation of the best interest of the child in custody disputes : an overview of the practice in Malaysia
by: Che Soh @ Yusoff, Roslina
Published: (2011)
by: Che Soh @ Yusoff, Roslina
Published: (2011)
Hakam/tahkim in resolving family disputes: the practice in the Syariah Court of Malaysia and Singapore
by: Abdul Hak, Nora
Published: (2006)
by: Abdul Hak, Nora
Published: (2006)
Main causes of civilian vulnerability in a non- international armed conflict: An appraisal of the legal factors
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2013)
by: Hamid, Abdul Ghafur@Khin Maung Sein
Published: (2013)
Jurisdiction and powers of the civil courts
by: Ali Mohamed, Ashgar Ali
Published: (2014)
by: Ali Mohamed, Ashgar Ali
Published: (2014)
Jurisdiction and powers of the civil courts
by: Ali Mohamed, Ashgar Ali
Published: (2020)
by: Ali Mohamed, Ashgar Ali
Published: (2020)
Resolution of matrimonial dispute in the Civil Court of Malaysia: Mediation as away forward
by: Ibrahim, Norliah, et al.
Published: (2017)
by: Ibrahim, Norliah, et al.
Published: (2017)
Hakam/tahkim (arbitration) in resolving family disputes: the practice in the Syariah Courts of Malaysia and Singapore
by: Abdul Hak, Nora
Published: (2006)
by: Abdul Hak, Nora
Published: (2006)
Special children in the custody dispute: the hidden voice
by: Mobarak Ali, Bashiran Begum
Published: (2009)
by: Mobarak Ali, Bashiran Begum
Published: (2009)
The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position
by: Hamid, Abdul Ghafur@Khin Maung Sein, et al.
Published: (2017)
by: Hamid, Abdul Ghafur@Khin Maung Sein, et al.
Published: (2017)
Similar Items
-
Jurisdictional conflict on interfaith custody dispute in Malaysia: challenges and prospect for reform
by: Mohamed Jani, Hidayati, et al.
Published: (2016) -
Recent amendment to the Malaysian Family Law: A step to resolve interfaith custody disputes
by: Mohd Zin, Najibah, et al.
Published: (2017) -
The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis
by: Hassan, Kamrul, et al.
Published: (2019) -
Literature review on mediation/sulh in resolving child custody disputes in the Syariah Court in Malaysia
by: Abdul Hak, Nora, et al.
Published: (2019) -
Mediation as a Solution for Child Custody and Visitation Disputes : The Malaysian Perspective
by: Abdul Hak, Nora
Published: (2012)