Resolving Arrears Maintaince for Children: Penang Case Study Year 2018
In Islam, it is an obligation of a father to pay maintenance to his children during marriage and after divorce, even though the custody of his kids was given to ex-wife. Therefore, if a father fails to perform his duty, the arrears maintenance will be considered as a debt. This opinion was based on...
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| Format: | Article |
| Language: | English |
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European Publisher
2019
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| Online Access: | http://eprints.usm.my/48094/1/Resolving%20Arrears%20Maintaince%20for%20Children%20Penang%20Case%20Study%20Year%202018.pdf |
| _version_ | 1797011888535502848 |
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| author | Ismail, Mohd Hazwan Sulong, Jasni |
| author_facet | Ismail, Mohd Hazwan Sulong, Jasni |
| author_sort | Ismail, Mohd Hazwan |
| collection | USM |
| description | In Islam, it is an obligation of a father to pay maintenance to his children during marriage and after divorce, even though the custody of his kids was given to ex-wife. Therefore, if a father fails to perform his duty, the arrears maintenance will be considered as a debt. This opinion was based on allegation that a default to pay maintenance will lead children and ex-wives facing financial difficulties in their current and future life. They need support for foods, clothes, shelter, education as well as medical treatment. Therefore, the compulsory payment that was ratified by the shariah court must be counted as an outstanding sum. In this case, various steps have been taken by the Shariah law in order to ensure financial support is constantly paid to the children. Therefore, the purpose of this study is to investigate the strategy taken by the shariah court in responding towards arrear maintenance of a father. The findings will portray statistic of cases, as well as the cost of arrear maintenance that involved. It was found that in Penang, the establishment of the Department of Family Support under the shariah court was greatly helps mothers in obtaining this deferred maintenance. Through enforcement of the judgemental debt summon or judgment notice by the shariah court, most of the default father paid the total amount that they have owed towards their children. |
| first_indexed | 2024-03-06T15:40:55Z |
| format | Article |
| id | usm.eprints-48094 |
| institution | Universiti Sains Malaysia |
| language | English |
| last_indexed | 2024-03-06T15:40:55Z |
| publishDate | 2019 |
| publisher | European Publisher |
| record_format | dspace |
| spelling | usm.eprints-480942021-01-14T02:22:49Z http://eprints.usm.my/48094/ Resolving Arrears Maintaince for Children: Penang Case Study Year 2018 Ismail, Mohd Hazwan Sulong, Jasni BP174-190 The practice of Islam K Law In Islam, it is an obligation of a father to pay maintenance to his children during marriage and after divorce, even though the custody of his kids was given to ex-wife. Therefore, if a father fails to perform his duty, the arrears maintenance will be considered as a debt. This opinion was based on allegation that a default to pay maintenance will lead children and ex-wives facing financial difficulties in their current and future life. They need support for foods, clothes, shelter, education as well as medical treatment. Therefore, the compulsory payment that was ratified by the shariah court must be counted as an outstanding sum. In this case, various steps have been taken by the Shariah law in order to ensure financial support is constantly paid to the children. Therefore, the purpose of this study is to investigate the strategy taken by the shariah court in responding towards arrear maintenance of a father. The findings will portray statistic of cases, as well as the cost of arrear maintenance that involved. It was found that in Penang, the establishment of the Department of Family Support under the shariah court was greatly helps mothers in obtaining this deferred maintenance. Through enforcement of the judgemental debt summon or judgment notice by the shariah court, most of the default father paid the total amount that they have owed towards their children. European Publisher 2019-10-30 Article PeerReviewed application/pdf en http://eprints.usm.my/48094/1/Resolving%20Arrears%20Maintaince%20for%20Children%20Penang%20Case%20Study%20Year%202018.pdf Ismail, Mohd Hazwan and Sulong, Jasni (2019) Resolving Arrears Maintaince for Children: Penang Case Study Year 2018. European Proceedings of Social and Behavioural Sciences, 89. ISSN 2357-1330 https://www.europeanproceedings.com/proceedings/EpSBS/volumes/ich2019 |
| spellingShingle | BP174-190 The practice of Islam K Law Ismail, Mohd Hazwan Sulong, Jasni Resolving Arrears Maintaince for Children: Penang Case Study Year 2018 |
| title | Resolving Arrears Maintaince for Children: Penang Case Study Year 2018 |
| title_full | Resolving Arrears Maintaince for Children: Penang Case Study Year 2018 |
| title_fullStr | Resolving Arrears Maintaince for Children: Penang Case Study Year 2018 |
| title_full_unstemmed | Resolving Arrears Maintaince for Children: Penang Case Study Year 2018 |
| title_short | Resolving Arrears Maintaince for Children: Penang Case Study Year 2018 |
| title_sort | resolving arrears maintaince for children penang case study year 2018 |
| topic | BP174-190 The practice of Islam K Law |
| url | http://eprints.usm.my/48094/1/Resolving%20Arrears%20Maintaince%20for%20Children%20Penang%20Case%20Study%20Year%202018.pdf |
| work_keys_str_mv | AT ismailmohdhazwan resolvingarrearsmaintainceforchildrenpenangcasestudyyear2018 AT sulongjasni resolvingarrearsmaintainceforchildrenpenangcasestudyyear2018 |