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Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law

Mohd Zin, Najibah and Che Soh @ Yusoff, Roslina (2012) Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 66-73. ISSN 1991-8178

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Abstract

This paper examines the child’s right to determine his / her religious status when one parents converts to Islam under Malaysian law. Determination as to the religious status of a child as well as custodial rights are very much in dispute between these parents as their marriage has to come to an end due to religious sanctions and lack of tolerance between them to come to a settlement. As opposed to custodial right, the issue is whether the welfare principle is still relevant in determining the religious status of a child. The current practice suggests that the father is the central focus in deciding the child’s religion under the Federal Constitution as well as Shari‘ah rules though lately there were arguments to allow both parents to have such power. Therefore this study will examine legal provisions pertaining to children’s right to religion under Malaysian law and explore an equal position under the Shari‘ah.

Item Type: Article (Journal)
Additional Information: 665/27964
Uncontrolled Keywords: conversion, ‘unilateral’, religious status, jurisdiction, conflict of law.
Subjects: K Law > K Law (General)
K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Depositing User: Dr. Roslina Che Soh
Date Deposited: 29 Dec 2012 07:46
Last Modified: 08 Apr 2015 22:36
URI: http://irep.iium.edu.my/id/eprint/27964

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