Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws
Islamic law regards children as a trust (Amanah) from Allah S.W.T., a trust that is to be discharged by parents through the performance of certain responsibilities, which include provision of care and custody, guardianship, and maintenance. Islamic law imposes the duty to maintain children primarily...
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| Main Authors: | , , , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
Centre for Islamisation (CENTRIS), IIUM
2024
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/116940/1/116940_Children%E2%80%99s%20rights%20to%20maintenance.pdf http://irep.iium.edu.my/116940/ https://centre.iium.edu.my/centris/centris-digital-books/ |
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| Summary: | Islamic law regards children as a trust (Amanah) from Allah S.W.T., a trust that is to be discharged by parents through the performance of certain responsibilities, which include provision of care and custody, guardianship, and maintenance. Islamic law imposes the duty to maintain children primarily on the father. Relatives, including the mother, will also shoulder the responsibilities whenever the father is dead or is incapable of maintaining due to certain reasons like disabilities and poverty. It seems that Civil law, to a certain extent, shares quite the same principles. This paper, therefore, deals with children’s rights to maintenance under two jurisdictions, namely Islamic and Civil law. The examination will focus on provisions of children’s rights to maintenance under both jurisdictions, the extent of this responsibility as well as the analysis of the idea of harmonisation of laws under Islamic law in Malaysia, namely the Islamic Family Law (Federal Territories) Act 1984 and Civil law on maintenance particularly the Law Reforms (Marriage and Divorce) Act 1976 and the Married Women and Children (Maintenance) Act 1950. The research will adopt qualitative research, where the data and materials will be collected mainly from the library. Finally, the paper will propose certain recommendations for improvement of the laws wherever relevant and necessary. |
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