Showing 1 - 13 results of 13 for search '"The Family Law"', query time: 0.09s Refine Results
  1. 1

    An analysis on the issues of the rights of spouses in the Islamic family law in Malaysia by Abu Bakar, Md Zawawi, Wan Abdullah, Wan Abd Rahman Khudzri

    Published 2011
    “…This paper intends to analyze problems regarding mutual rights of Muslims married couple in Malaysia.It has drawn the attention of many researchers to carry out studies on this issue since there have been accusations and complaints on the implementation of the Islamic Family Law (IFL) by the Syariah Court, which is said to have discriminated the wife/women of their rights.The qualitative approach research employed interviews and content analysis as method of study on the Islamic Family Law as well as on the documented cases.The results of the research showed that among the most disputable cases were matters related to polygamy, fasakh, jointly acquired property and children custodian.Conversely, all data were analyzed by using the qualitative data analysis, concluded that the Islamic Family Law in Malaysia has infact implemented the concept of equality.…”
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  2. 2

    The rights of wives living with HIV/AIDS according to the perspective of Islamic family law by Abu Bakar, Md Zawawi, Md. Zain, Rajwani, Wan Abdullah, Wan Abd Rahman Khudzri

    Published 2013
    “…The Islamic Family Laws (IFL) grants certain rights to each husband and wife including the ones living with HIV/AIDS.The infection rate of HIV/AIDS among housewives increases each year. …”
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    Article
  3. 3

    Cross boundary marriage under Malaysian Family Law: between a dream of life and reality of legal requirements by Md Salleh, Anis Shuhaiza, Ahmad, Noor 'Aza

    Published 2010
    “…The cross boundary marriage is not a new phenomenon particularly marriages involving Malaysians and Indonesians.It is not to question on happiness, love and affection but most importantly to highlight the reality when disputes arise.In this paper we will be highlighting the surrounding issues not only on the legality of the marriage itself but also on the issue of jurisdiction of the court and the rights of Malaysian wife in custody and maintenance.The discussion will be focusing on the provisions contained in the main statutes governing marriage and divorce matters in Malaysia, i.e. the Islamic Family Law (Federal Territories) Act 1984 (Act 303) and the Law Reform (Marriage and Divorce) Act 1976 (Act 164).At the end, authors will post suggestions for betterment and benefits of parties who might be thinking to have a cross boundary marriage.…”
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  4. 4

    Curbing Child Marriage amongst Muslims in Malaysia: Towards Legal Reform by Samuri, Mohd Al Adib, Mohd Awal, Noor Aziah, Abu Bakar, Muhamad Abral

    Published 2022
    “…Therefore, in order to end this harmful practice in Malaysian Muslim society, this article will discuss child marriage under Malaysian Islamic family law and propose a legal reform for Islamic family law regarding marriageable age and court procedure. …”
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  5. 5

    Sisters in Islam’s quest for the reinterpretation of the Qur’an and Hadith: An analysis of their views on equality, women judges, and polygamy by Shukri, Abdussalam Muhammad, Owoyemi, Musa Yusuf

    Published 2014
    “…Finally, while acknowledging the usefulness of this effort in certain areas, this article rejects the extremism and impracticality in some aspects of works by SIS and calls for a rethinking of the areas in which this movement has erred in its mission to reinterpret verses of the Qur'an and the Hadith and to reform Islamic family law.…”
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  6. 6

    Role and contribution of Asian women in decision making process at Shari`ah Councils in the UK by Mohamad Cusairi, Rafidah

    Published 2014
    “…Initially, the unavailability of the civil courts to hear cases relating to Muslim family law and other related problems had strongly persuaded community leaders and religious scholars to establish Shari`ah Councils.This paper seeks to explore the role played by women in decision making process at the Shariah councils in the resolution of matrimonial disputes in particular divorce among the Muslims community in the UK. …”
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    Conference or Workshop Item
  7. 7

    Illegitimate child in Malaysia by Wan Ahmad, Wan Ibrahim, Wan Abdullah, Wan Abd Rahman Khudzri, Abu Bakar, Md Zawawi, Ab. Rahman, Asyraf

    Published 2013
    “…Until now little is known about the exact number of illegitimate child in Malaysia.Following the growing number of illegitimate child in Malaysia in recent years, research on illegitimate child has become the focus of extensive concern, and the discussion of illegitimate child has been considered necessary.Illegitimate child is related to problems such as inheritance, guardianship in marriage, the question of incest, and many others related to Islamic family law. The National Fatwa Council holds the opinion that only a child born after six months from the date of marriage can be considered legitimate.This paper discusses the main categories of illegitimate child according to Islamic law.Two informants related to lineage law in Malaysia have been interviewed.Data for this study are gathered through unstructured interviews.Results show that there are three categories of illegitimate child according to the Islamic law in Malaysia, namely a child born as a result of rape, a child born from pregnancy did not reach 6 months, as well as a child born from a pregnancy before marriage.…”
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  8. 8

    The law governing marriage, divorce and related issues in Sri Lanka by Nafees, Seeni Mohamed

    Published 2014
    “…While marriages of Tamils are governed by the general law, Sinhalese may choose either general law or customary law.Muslim marriages are governed by Muslim personal law that is based on the Muslim Marriage and Divorce Act 1951.In this sense, different laws govern different ethnicity of the country and there is no uniformity in regulating family matters which render the issues more complicated.Therefore, this paper strives to investigate family law in Sri Lanka covering whole societies and proposes some suggestions based on need of the modern times.For this purpose, a qualitative research methodology is adopted.The study reveals that although a number of reforms have been introduced from time to time, there is still a need to adopt more practical approach in implementing the legislation on matrimonial matters.Especially, the Muslim Marriage and Divorce Act that was enacted in 1951 has not been revised for long time and it needs to be reformed in order to give effect to needs in line with social changes taking place globally.Although the law governing family issues of other ethnicities has gone through some important changes, there are a lot to be reformed.…”
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  9. 9

    A preliminary investigation: children’s awareness of child sexual abuse in Malaysia by Othman, Azliza, Wan Yahaya, Wan Ahmad Jaafar

    Published 2013
    “…Four respondents have been selected to participate in this interview: a representative from the Department of Social Welfare, government agency involved in making Child Protection Policy; a representative from Women’s Centre for Change (WCC), Penang, an NGO involved in prevention program, a representative from Family Law Division, Department of Islamic Affairs, State of Kedah (JAIK) and a primary school teacher. …”
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  10. 10

    Cross boundary marriage under Malaysian law: Between a dream and reality by Md Salleh, Anis Shuhaiza, Ahmad, Noor 'Aza

    Published 2010
    “…The Law Reform (Marriage and Divorce) Act 1976 (Act 164) and The Islamic Family Law (Federal Territories) Act 1984 (Act 303). …”
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  11. 11

    "Mama Papa Please Hear Me": The Participation of Children in Child Custody Mediation in the Syariah Courts of Malaysia by Mansor, Ahmad Mukhlis, Abdul Hak, Nora, Che Soh @ Yusoff, Roslina

    Published 2024
    “…The laws in Malaysia uphold the rights of children to participate in family law proceedings, particularly in custody disputes. …”
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  12. 12

    Wakaf in Malaysia: It legal history by Md Dahlan, Nuarrual Hilal

    Published 2003
    “…Since the 13th century, it is believed that Islamic laws had already played a comprehensive part in the administration of the local communities' criminal justice system such as in family law, criminal law, and land law, and included as well the procedural laws and the law of evidence.This can be further be proven and buttressed by the laws that were adopted and practiced in the several states that comprised Malaya such as Melaka, Pahang, Kedah, Johore and Perak in the 13th, 14th, 15th, 16th, 17th and 18th centuries before the colonialist's master in the late 18" century and onwards began to meddle with the local laws.The British gradually introduced her English laws and equity, first through the charter of justices in Penang, Melaka and Singapore, and later through the enactment of civil law ordinances in the Malay states, in Sabah and Sarawak, as well in the early 191h century.The onslaught of English laws and equity by the colonial master had the effect of marginalising Islamic laws, and hitherto, through the passage 01 time, Islamic laws then became the secondary laws in the Malaya. …”
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  13. 13

    Da’wah applications in counseling process by Ismail, Zainab, Wan Ahmad, Wan Ibrahim, Ab. Rahman, Asyraf

    Published 2014
    “…As a counselor for missionary program, they are not only responsible for improving the conflict, but also should give fullest effort in preventing divorce and preserving harmonious environment among st the clients.From the observations on the process of counseling, as well as information from counselors, the study concludes that several approaches employed in the counseling process in parallel with the application of da’wah to emphasis al-amr bi al-ma’ruf wa al-nahy ‘an al-munkar (enjoining the good and forbidding the evil) while dealing with couples with marital problems, include such aspects as Islamic family laws, the rights and responsibility of husband and wife, advantages of patient, prohibition of divorce and advice and instruction.…”
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