Religion as a Determinant of Child Welfare in Custody Cases in Malaysia and Classical Islamic Law : A Comparative Overview

Adil, Mohamed Azam Mohamed; Saidon, Rafeah

doi:10.12816/0043454

Cited by 2 publications

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“…Although several previous studies have discussed the legal implications of conversion to Islam in Malaysia (Abdullah, 2004;Adil, 1994Adil, , 1998Adil, , 2013Adil, , 2014Adil, , 2016Adil, , 2017aAdil, , 2017bAdil & Saidon, 2017;Ibrahim, 1990Ibrahim, , 1993Ibrahim, , 1996Ibrahim, , 2000aIbrahim, , 2000bHusin et al, 2016;Kusrin & Hashim 2016;Mohamed, 2010;Rahman, 2007;Wan Muhammad, 2010;Yussof 2014), those studies did not explore the need for legal empowerment or legal literacy for those affected in religious conversion. In addition, previous research regarding the Muslim converts' learning experience focused on learning the foundations of Islam (Alkouatli, 2018;Challet, 2015;Speelman, 2018), but not on legal issues that arise due to conversion to Islam.…”

Section: Discussionmentioning

confidence: 99%

“…Although there are studies relating to the legal implication of conversion to Islam as carried out by Abdullah (2004), Adil (1994, 1998, 2016, 2017a, 2017b, Adil and Saidon (2017), Husin et al (2016), Kusrin and Hashim (2016), Ibrahim (1990Ibrahim ( , 1993Ibrahim ( , 1996Ibrahim ( , 2000aIbrahim ( , 2000b, Mohamed (2010), Rahman (2007), Wan Muhammad (2010), andYussof (2014), their research focused on the legal implications and conflicts that arose from conversion to Islam as well as the conflict of court jurisdiction, particularly on the aspect of civil marital status, non-Muslim spouses alimony, matrimonial property division, child custody and guardianship, and determination of child's religion. However, none of these academic writings, explored the perspective of converts on the legal implications and the need to educate the converts to be legal literate as they are designed to discuss legal issues only.…”

Section: The Legal Implications Of Converting To Islam and The Need For Legal Literacymentioning

confidence: 99%

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Legal Literacy for Muslim Converts in Malaysia

Samuri¹,

Khan²

2021

JSSH

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Many Muslim converts in Malaysia are not well-informed of their rights and the legal implications of conversion to Islam. Implementing legal pluralism, particularly the different sets of personal laws that apply to Muslims and non-Muslims, sends the converts, their non-Muslim families, and the religious authorities into bitter legal battles whenever an individual converts to Islam. Furthermore, as religious institutions currently offer no legal literacy program, some Muslim converts are unclear regarding the course of action they should take whenever legal issues are involved, especially from the aspects of identity change; civil marriage dissolution; matrimonial properties distribution; child custody and guardianship; determination of child’s and the deceased’s religion; and inheritance and derivative pension distribution. Therefore, this research explores Muslim converts’ perspectives on the need for and development of legal literacy regarding rights and legal implications of conversion to Islam. This study employed in-depth semi-structured interviews with 9 participants who were all Muslim converts. Each interview was transcribed verbatim, and the data were analysed with NVIVO software based on a thematic approach. The research found that all participants unanimously agreed to empower Muslim converts with legal literacy, considering many are not well-informed of the legal implications of conversion to Islam, despite it directly affecting their personal lives, family dynamic, and the multicultural society in Malaysia.

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Section: Discussionmentioning

confidence: 99%

Section: The Legal Implications Of Converting To Islam and The Need For Legal Literacymentioning

confidence: 99%

Legal Literacy for Muslim Converts in Malaysia

Samuri¹,

Khan²

2021

JSSH

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“…However, the intentions and the principles followed while deciding such cases are the same, but the interpretation of these principles has been done in context with the Islamic laws. Islam is the State religion of our country as incorporated in Article 2 of The Constitution of Pakistan 1973(The Constitution of Pakistan 1973, and therefore, anything in contravention of the Quran and Islam will be declared null and void and will have no legal existence; thus all the laws are formulated within the parameters of Islamic rulings (Adil & Saidon, 2017).…”

Section: The Concept Of Custody Of Children In Islamic Lawmentioning

confidence: 99%

Custodial Challenges: Islamic and Pakistani Law in Child Custody Matters

Aziz,

Shahid,

Muhammad

et al. 2023

CTLS

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This article explores the intricate issues of child custody disputes in Islamic and Pakistani law, emphasizing the deficiencies of the existing legal procedures and the resulting difficulties experienced by both children and parents. Courts persist in relying on antiquated statutes, despite the Guardians & Wards Act, of 1890, resulting in protracted legal disputes and emotional distress for all parties concerned. The absence of a comprehensive legal structure that specifically addresses the child's best interests worsens the problem, leading to conflicting rulings and extended distress. The paper advocates for immediate reforms, proposing a comprehensive legal framework that prioritizes the kid's well-being and simplifies custody procedures. The author advocates for revisions to current legislation or the creation of a new law to fill the gaps and promptly resolve custody disputes. This would help minimize the negative impact on children's psychological well-being and family connections. The failure to implement these reforms merely extends the duration of the distress experienced by children entangled in custody disputes, emphasizing the pressing necessity for legislative measures to safeguard their rights and welfare.

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Religion as a Determinant of Child Welfare in Custody Cases in Malaysia and Classical Islamic Law : A Comparative Overview

Cited by 2 publications

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Legal Literacy for Muslim Converts in Malaysia

Legal Literacy for Muslim Converts in Malaysia

Custodial Challenges: Islamic and Pakistani Law in Child Custody Matters

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