Children’s rights to maintenance under Islamic and Civil law in Malaysia: towards harmonisation of laws

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.

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Abstract

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.

Item Type:	Book Chapter
Additional Information:	2245/116940
Uncontrolled Keywords:	Children’s rights, maintenance (nafaqah), Islamic law, Civil law, harmonisation of Shari’ah and Civil law
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Badruddin Ibrahim
Date Deposited:	26 Dec 2024 20:16
Last Modified:	26 Dec 2024 20:28
URI:	http://irep.iium.edu.my/id/eprint/116940

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