The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis

Interfaith child custody dispute is one of the burning issues in both Bangladesh and Malaysian legal system. Whenever an interfaith couple decided to divorce or leagally separated, conflict as to the custody right of the child is likely to occur. It will eventually lead to socio-legal-religious co...

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Main Authors: Hassan, Kamrul, Fauzi, Husna
Format: Article
Language:English
Published: 2019
Subjects:
Online Access:http://irep.iium.edu.my/78759/
http://irep.iium.edu.my/78759/1/EJournal%20of%20Law%20-%20Current%20Practice%20of%20Interfaith%20Child%20Custody%20Disputes.pdf
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author Hassan, Kamrul
Fauzi, Husna
author_facet Hassan, Kamrul
Fauzi, Husna
author_sort Hassan, Kamrul
building IIUM Repository
collection Online Access
description Interfaith child custody dispute is one of the burning issues in both Bangladesh and Malaysian legal system. Whenever an interfaith couple decided to divorce or leagally separated, conflict as to the custody right of the child is likely to occur. It will eventually lead to socio-legal-religious complications during the trial. The child custody issue is correlated with the wellbeing and welfare of the child of the marriage. The interfaith parents should consider what would be the best interest of their child before applying for divorce or judicial separation. As Bangladesh and Malaysia consist of multireligious and multicultural societies, interfaith child custody disputer adversely impacts on the social and family life. The application of the different set of laws in the existing judicial system seems to be in adequate in resolving interfaith child custody disputes. The aim of this paper is to provide a comparative overview of the existing interfaith child custody disputes in Bangladesh and Malaysia. It seeks to examine the current legal framework and legal disputes in both jurisdiction. This paper is based on theoretical analysis; therefore it adopts the library research, where reference to relevant data from text books, journals, legal provisions and case law relating to the interfaith child custody disputes is made. The study concludes that an adequate legal framework would be the best solution in deciding interfaith child custody disputes.
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spelling iium-787592020-02-17T04:20:19Z http://irep.iium.edu.my/78759/ The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis Hassan, Kamrul Fauzi, Husna K670 Family Law Interfaith child custody dispute is one of the burning issues in both Bangladesh and Malaysian legal system. Whenever an interfaith couple decided to divorce or leagally separated, conflict as to the custody right of the child is likely to occur. It will eventually lead to socio-legal-religious complications during the trial. The child custody issue is correlated with the wellbeing and welfare of the child of the marriage. The interfaith parents should consider what would be the best interest of their child before applying for divorce or judicial separation. As Bangladesh and Malaysia consist of multireligious and multicultural societies, interfaith child custody disputer adversely impacts on the social and family life. The application of the different set of laws in the existing judicial system seems to be in adequate in resolving interfaith child custody disputes. The aim of this paper is to provide a comparative overview of the existing interfaith child custody disputes in Bangladesh and Malaysia. It seeks to examine the current legal framework and legal disputes in both jurisdiction. This paper is based on theoretical analysis; therefore it adopts the library research, where reference to relevant data from text books, journals, legal provisions and case law relating to the interfaith child custody disputes is made. The study concludes that an adequate legal framework would be the best solution in deciding interfaith child custody disputes. 2019-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/78759/1/EJournal%20of%20Law%20-%20Current%20Practice%20of%20Interfaith%20Child%20Custody%20Disputes.pdf Hassan, Kamrul and Fauzi, Husna (2019) The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis. E-Journal of Law, 5 (2). pp. 65-91. E-ISSN 2149-6331 http://e-journaloflaw.org/?p=2739
spellingShingle K670 Family Law
Hassan, Kamrul
Fauzi, Husna
The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis
title The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis
title_full The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis
title_fullStr The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis
title_full_unstemmed The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis
title_short The current practice of interfaith child custody disputes in Bangladesh and Malaysia: a comparative analysis
title_sort current practice of interfaith child custody disputes in bangladesh and malaysia: a comparative analysis
topic K670 Family Law
url http://irep.iium.edu.my/78759/
http://irep.iium.edu.my/78759/
http://irep.iium.edu.my/78759/1/EJournal%20of%20Law%20-%20Current%20Practice%20of%20Interfaith%20Child%20Custody%20Disputes.pdf