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Children of cross-border marriage: rights and future

Md Hashim, Noraini and Che Soh @ Yusoff, Roslina and Abdul Hak, Nora and Md Said, Muhamad Helmi (2019) Children of cross-border marriage: rights and future. International Journal of Academic Research in Business and Social Sciences, 9 (5). pp. 470-480. E-ISSN 2222-6990

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In a cross-border marriage (CBM), failure of the Muslim parties to register their CBM will have direct impact to their future born child. Their action will contravene with Articles 3, 5, 7 and 28 of United Nation Convention on Rights of Child that spell out that parents must do what is the best for their children, protect their rights, legally registered their name and right to education. The main purpose of this paper is to address that failure of the CBM couple to register their marriage, no certificate of marriage be produced, will ended up with failure to register the birth. Even if registration of birth is allowed, the name of the biological father will not be stated. Without birth certificate, the child cannot register at public school and lose his right to education. On the other hand, under hukum syara’ the child paternity is in doubt and he might lose his right to inheritance if his father died. The study is vital to address to the public the importance of registering their marriage as not to jeopardize their child‘s future. This paper uses a qualitative data collection method where in-depth document analysis is carried out. Primary sources such as the Acts, Regulations and court‘s decision are scrutinized. On the other hand, secondary sources that are studied comprise of law reports, legal periodical articles and newspaper cuttings. Possible suggestions are offered in the conclusion.

Item Type: Article (Journal)
Additional Information: 1600/72780
Uncontrolled Keywords: Children of cross-border marriage, rights
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
Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User: Prof. Dr. Nora Abdul Hak
Date Deposited: 25 Jun 2019 16:51
Last Modified: 25 Jun 2019 16:51
URI: http://irep.iium.edu.my/id/eprint/72780

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