The need for establishment of a family court in Malaysia: an appraisal

Che Soh @ Yusoff, Roslina and Mohd Arshad, 'Ain Husna (2013) The need for establishment of a family court in Malaysia: an appraisal. IIUM Law Journal, 20 (2). pp. 195-217. ISSN 0128-2530

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Abstract

The adjudication of family disputes by different courts with different jurisdictions in the present court system is ineffective in providing a comprehensive approach to the management of family-related disputes. Furthermore, the adversarial system of litigation of the present courts in Malaysia negates the possibility of resolving conflicts amicably. The establishment of a family court in Malaysia would be in line with the objective of the National Family Policy which encourages the sustainability of the family institution. Basically, this paper seeks to discuss the concept of family court and the need for its establishment in Malaysia. The paper will also briefly discuss the implementation of family court systems in Australia, Singapore and Egypt as these countries have a well developed family court system. The purpose is to learn from their experiences in providing a comprehensive solution to resolve family related disputes in Malaysia.

Item Type:	Article (Journal)
Additional Information:	1601/31474
Uncontrolled Keywords:	family court, adversarial system, Islamic law
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr. Roslina Che Soh
Date Deposited:	20 Aug 2013 14:57
Last Modified:	22 Jan 2014 17:09
URI:	http://irep.iium.edu.my/id/eprint/31474

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