Public international law in family matters

Eishan Jan, Mohammad Naqib and Ahmad, Muhamad Hassan and Ali Mohamed, Ashgar Ali (2026) Public international law in family matters. In: FAMILY LAW IN MALAYSIA CIVIL AND SYARIAH PERSPECTIVES. CLJ Malaysia Sdn. Bhd., pp. 750-786. ISBN 978-967-457-213-6

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Abstract

The intersection between international law and family or personal matters has become increasingly important in shaping modern legal frameworks. Traditionally, family law was regarded as part of the domestic legal domain – rooted in State sovereignty and influenced by local customs, religion, and cultural norms. However, the expansion of international human rights law, coupled with the rise of cross-border family issues, has blurred the once-clear boundaries between the domestic and international spheres. International legal instruments now exert normative influence over marriage, divorce, child custody, parental rights, gender equality, and other aspects of personal status. Accordingly, this Chapter explores how public international law particularly through core conventions and regional instruments – governs family and personal matters. It discusses the normative content of these instruments, identifies key articles relevant to family law, and assesses the extent of Malaysia’s compliance or divergence.

Item Type:	Book Chapter
Uncontrolled Keywords:	Public International Law, Family Law, International human rights
Subjects:	K Law > K670 Family Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Prof.Dr. Mohammad Naqib Eishan Jan
Date Deposited:	21 May 2026 22:02
Last Modified:	21 May 2026 22:02
Queue Number:	2026-05-Q3498
URI:	http://irep.iium.edu.my/id/eprint/128944

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