Parental rights to maintenance under Islamic law

Ibrahim, Badruddin (2007) Parental rights to maintenance under Islamic law. In: The 4th Asian Law Institute (ASLI) Conference "Voice from asia for a just and equitable world", 24-25 May 2007, Depok, Indonesia.

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Abstract

The relationship between parents and children is of a profound and special one. This is due to the fact that such relationship is based on blood and lineage relationship. The relationship gives rise to various duties and rights particularly the rights of children or duties of parent toward their children, for instance, right of children to protection, custody, guardianship and maintenance. These rights of children are basically recognized by every legal system of the world. The question is whether such relationship reflects only one-side responsbility i.e. the responsibility of parent. Do children also owe a legal duty toward their parent? This paper seeks to examine one of the significant reghts of parent concerning maintenance under the jurisdiction of Islamic law, whether a parent is entitled to such right. In case if they are entitled, it follows that whether such right is legally enforceable in the court of law or merely an ethical recommendation. In additional, it examines the circumstances and conditions of the entitlement of parent to maintenance. It also examines the position of current Islamic law in Malaysia as to what extent such law emphasizes and provides significant provisions on just and equitable law to protect parents' rights to maintenance. Finally, the paper will provide, where necessary, comments and suggestions on the issue.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	2245/26334
Uncontrolled Keywords:	Islamic law, parental rights
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Badruddin Ibrahim
Date Deposited:	21 Nov 2012 13:48
Last Modified:	21 Nov 2012 13:50
URI:	http://irep.iium.edu.my/id/eprint/26334

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