Staff View: Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]

Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]

There are several unavoidable matters that must be looked into when divorces happened. Properties and children are matters usually contested by divorced couples. Who should take care of the children and where are they going to be brought up are the subjective issues and depends on the circumstances...

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Main Authors:	Ali, Alizah, M., QaharAwaka, Ismail, Noraini, Jangga, Rohani, Abu Bakar, Siti ZarikhSofia
Format:	Article
Language:	English
Published:	UiTM Cawangan Johor 2019
Subjects:	Matrimonial actions Domestic relations (Islamic law). Family law
Online Access:	http://ir.uitm.edu.my/id/eprint/42298/1/42298.pdf http://ir.uitm.edu.my/id/eprint/42298/ https://insightjournal.my/
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id	my.uitm.ir.42298
record_format	eprints
spelling	my.uitm.ir.422982021-03-02T06:39:01Z http://ir.uitm.edu.my/id/eprint/42298/ Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.] Ali, Alizah M., QaharAwaka Ismail, Noraini Jangga, Rohani Abu Bakar, Siti ZarikhSofia Matrimonial actions Domestic relations (Islamic law). Family law There are several unavoidable matters that must be looked into when divorces happened. Properties and children are matters usually contested by divorced couples. Who should take care of the children and where are they going to be brought up are the subjective issues and depends on the circumstances of the individual case. The welfare concept of the child and best interest of the child are the clues that the family court must deal with delicately. The objective of this paper is to determine the application of these concepts by Malaysian law as compared to Indonesian law. This conceptual research paper will significantly indicate as to what extend these two countries successfully apply the theories of child welfare as well as best interest theories. The information gathered from books, articles, magazines and previous researches supported by the statutory and decided case are discussed thoroughly in accordance to recent situations. The Malaysian statutory solution refers to Law Reform Act (Marriage and Divorce) Act 1976 (Act 164), Guardianship of Infant Act 1961 (Act 351) while Indonesian statutory reference are Law No. 23 of 2002 on Child Protection jo. Law No. 35 of 2014 Amending Law on Child Protection and Law No. 1 of 1974 on Marriage. In addition, United Nations Convention on the Rights of the Child (UNCRC) are also discussed in this paper. UiTM Cawangan Johor 2019 Article PeerReviewed text en http://ir.uitm.edu.my/id/eprint/42298/1/42298.pdf Ali, Alizah and M., QaharAwaka and Ismail, Noraini and Jangga, Rohani and Abu Bakar, Siti ZarikhSofia (2019) Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]. Insight Journal: International, Refereed, Open Access, Online Journal, 5 (22). pp. 192-203. ISSN 2600-8564 https://insightjournal.my/
institution	Universiti Teknologi Mara
building	Tun Abdul Razak Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Teknologi Mara
content_source	UiTM Institutional Repository
url_provider	http://ir.uitm.edu.my/
language	English
topic	Matrimonial actions Domestic relations (Islamic law). Family law
spellingShingle	Matrimonial actions Domestic relations (Islamic law). Family law Ali, Alizah M., QaharAwaka Ismail, Noraini Jangga, Rohani Abu Bakar, Siti ZarikhSofia Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]
description	There are several unavoidable matters that must be looked into when divorces happened. Properties and children are matters usually contested by divorced couples. Who should take care of the children and where are they going to be brought up are the subjective issues and depends on the circumstances of the individual case. The welfare concept of the child and best interest of the child are the clues that the family court must deal with delicately. The objective of this paper is to determine the application of these concepts by Malaysian law as compared to Indonesian law. This conceptual research paper will significantly indicate as to what extend these two countries successfully apply the theories of child welfare as well as best interest theories. The information gathered from books, articles, magazines and previous researches supported by the statutory and decided case are discussed thoroughly in accordance to recent situations. The Malaysian statutory solution refers to Law Reform Act (Marriage and Divorce) Act 1976 (Act 164), Guardianship of Infant Act 1961 (Act 351) while Indonesian statutory reference are Law No. 23 of 2002 on Child Protection jo. Law No. 35 of 2014 Amending Law on Child Protection and Law No. 1 of 1974 on Marriage. In addition, United Nations Convention on the Rights of the Child (UNCRC) are also discussed in this paper.
format	Article
author	Ali, Alizah M., QaharAwaka Ismail, Noraini Jangga, Rohani Abu Bakar, Siti ZarikhSofia
author_facet	Ali, Alizah M., QaharAwaka Ismail, Noraini Jangga, Rohani Abu Bakar, Siti ZarikhSofia
author_sort	Ali, Alizah
title	Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]
title_short	Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]
title_full	Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]
title_fullStr	Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]
title_full_unstemmed	Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]
title_sort	guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between malaysia and indonesia / alizah ali ... [et al.]
publisher	UiTM Cawangan Johor
publishDate	2019
url	http://ir.uitm.edu.my/id/eprint/42298/1/42298.pdf http://ir.uitm.edu.my/id/eprint/42298/ https://insightjournal.my/
_version_	1693728885588361216
score	13.211869

Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]

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