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Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues

Abdul Hak, Nora and Mohd Zin, Najibah and Mahmud, Mek Wok (2018) Legal rights of Chinese Muslims in the case of Conversion to Islam in Malaysia: with reference to family law issues. In: 3rd International Social Science Conference: Islamic Thought & Understanding (ISSCITU 2018), 1st-3rd May 2018, Langkawi, Malaysia. (Unpublished)

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Abstract

This paper focuses on the issues of conversion of one of the party to a non- Muslim marriage to Islam. In Malaysia, there are some legal problems that need to be addressed particularly concerning the rights of a wife to the ancillary claims after the dissolution of the marriage such as maintenance, division of matrimonial property and custody of children. These issues have been discussed by the Malaysian courts in their judgments when they preside over cases involving conversion to Islam. Among the issues that have been raised is whether a non-Muslim wife is entitled to maintenance when her husband converted to Islam and if she is still entitled the next question is for how long will she get the maintenance. Other issues discussed in the paper are; which party that shall be entitled to the custody of the child and also issue concerning the legal status of the marriage. The paper analyses the legal provisions including the recent amendment to the Law Reform (Marriage and Divorce) Act 1976. It also examines court cases, which involve Chinese parties on conversion to Islam.

Item Type: Conference or Workshop Item (Plenary Papers)
Additional Information: 807/65867
Uncontrolled Keywords: Law, Family Law, Conversion to Islam, Shariah, Rights after divorce
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Prof. Dr. Nora Abdul Hak
Date Deposited: 24 Sep 2018 10:00
Last Modified: 24 Sep 2018 10:00
URI: http://irep.iium.edu.my/id/eprint/65867

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