Cover Image

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...

Full description

Saved in:
Bibliographic Details
Main Authors: Ibrahim, Badruddin, Mohd, Azizah, A Kadir, Nadhilah, Abd Malek, Normi
Format: Book Chapter
Language:English
Published: Centre for Islamisation (CENTRIS), IIUM 2024
Subjects:
BPK125.2 Harmonisation of Shari’ah and law
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/
Tags: Add Tag
No Tags, Be the first to tag this record!
id my.iium.irep.116940
record_format dspace
spelling my.iium.irep.1169402024-12-26T12:28:50Z http://irep.iium.edu.my/116940/ Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws Ibrahim, Badruddin Mohd, Azizah A Kadir, Nadhilah Abd Malek, Normi BPK125.2 Harmonisation of Shari’ah and law 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. Centre for Islamisation (CENTRIS), IIUM 2024 Book Chapter NonPeerReviewed application/pdf en http://irep.iium.edu.my/116940/1/116940_Children%E2%80%99s%20rights%20to%20maintenance.pdf Ibrahim, Badruddin and Mohd, Azizah and A Kadir, Nadhilah and Abd Malek, Normi (2024) Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws. In: Harmonisation of Shari’ah and Civil Law: Progress and Achievements. Centre for Islamisation (CENTRIS), IIUM, Kuala Lumpur, Malaysia, pp. 46-76. https://centre.iium.edu.my/centris/centris-digital-books/
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BPK125.2 Harmonisation of Shari’ah and law
spellingShingle BPK125.2 Harmonisation of Shari’ah and law
Ibrahim, Badruddin
Mohd, Azizah
A Kadir, Nadhilah
Abd Malek, Normi
Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws
description 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.
format Book Chapter
author Ibrahim, Badruddin
Mohd, Azizah
A Kadir, Nadhilah
Abd Malek, Normi
author_facet Ibrahim, Badruddin
Mohd, Azizah
A Kadir, Nadhilah
Abd Malek, Normi
author_sort Ibrahim, Badruddin
title Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws
title_short Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws
title_full Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws
title_fullStr Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws
title_full_unstemmed Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws
title_sort children’s rights to maintenance under islamic and civil law in malaysia: towards harmonisation of laws
publisher Centre for Islamisation (CENTRIS), IIUM
publishDate 2024
url 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/
_version_ 1819909409243922432
score 13.223943

Similar Items