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Spousal religious conversion: Choice of laws and forums in Malaysia

Shuaib, Farid Sufian (2011) Spousal religious conversion: Choice of laws and forums in Malaysia. IIUM Law Journal, SEd. pp. 19-38. ISSN 0128-2530

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Malaysia has a multi-court system where civil courts, Shariah courts and Native courts running parallel to one another. This is produced by the diversity in her population in terms of religion, race and custom. These different court systems most of the time run independent of one another since subject matters and parties before the courts are different. However, in isolated cases, conflict may occur between these courts when on the face of it different court systems have jurisdiction over the same parties involving the same issues. This occurs for instance where a spouse from a non-Muslim marriage converts to Islam. In such a case questions may arise as to which court would be the right court possessing jurisdiction over the marriage in dissolving the marriage if necessary and in providing ancillary relief such as a maintenance order and custody of children. Resolution on jurisdiction of the courts in this case is important to ensure a fair settlement for the parties.

Item Type: Article (Journal)
Additional Information: 1859/15428. Special Edition of the IIUM Law Journal 2011.
Uncontrolled Keywords: Syariah court, Islam, Malaysia
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP173.6 Islam and the state
K Law > K Law (General)
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP480 Conflict of laws
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Prof. Dr. Farid Sufian Shuaib
Date Deposited: 31 Dec 2012 14:07
Last Modified: 14 Feb 2013 04:35
URI: http://irep.iium.edu.my/id/eprint/15428

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