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The amendment to the law reform (marriage and divorce) act 1976: reconciling the irreconcilable

Mohd Zin, Najibah and Abdul Hak, Nora and Abdul Ghafur Hamid @ Khin Maung Sein, Ghafur and Mohamed Jani, Hidayati (2021) The amendment to the law reform (marriage and divorce) act 1976: reconciling the irreconcilable. IIUM Law Journal, 29 (S1). pp. 1-15. ISSN 0128-2530 E-ISSN 2289-7852

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This article examines the ramifications of the 2017 amendment to the Law Reform (Marriage and Divorce) Act 1976 (Act 164) in protecting the wellbeing of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed substantial reforms to section 51 of Act 164 pertaining to the divorce on the ground of conversion, increasing the age limit for child maintenance and adopting more flexible principles in dividing matrimonial assets. However, the focus will be on the impact of the amendment to section 51 of Act 164 due to its significance in changing the landscape of legal arguments pertaining to jurisdiction of the court in dealing with the subject matter in dispute, ranging from the divorce and other intense arguments pertaining to maintenance of wife, child custody and religious status of children. The study adopts a qualitative study in elucidating relevant documents that comprised of statutory laws, articles in legal journals and decided cases where arguments leading to the need for the reform of those affected issues were well addressed. Certain aspects of Islamic jurisprudence will be referred to and analysed in searching for authoritative and practical legal arguments within the existing legal framework. Harmonisation of law is adopted whenever applicable when dealing with the resolution of conflict of laws. It is hoped that this study will provide constructive arguments acts as an invaluable source of reference for the Malaysian civil court in disposing of interfaith family disputes now that the law is fully enforced.

Item Type: Article (Journal)
Uncontrolled Keywords: family law conflict, law reform, harmonization of law
Subjects: K Law > K670 Family 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: 15 Jun 2021 15:43
Last Modified: 15 Jun 2021 15:45
URI: http://irep.iium.edu.my/id/eprint/90182

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