Children’s participation in custody dispute involving interfaith parents

Mohamad Zaharuddin Zakaria, Adzidah Yaakob, Asmidah Ahmad, Abdul Samat Musa, Mushaddad Hasbullah, Ainun Syafiqah Rajuddin, Noor Aziah Mohd Awal, Mohd. Al Adib Samuri

Research output: Contribution to journalArticle

Abstract

The paper seeks to discuss children’s participation in custody dispute involving interfaith parents and to examine to what extent the voice of the children will be considered and followed by the judge. This is in line with Article 12 of the United Nation Convention on the Rights of Child (CRC) which gives privilege to the children the right to be heard in any matter affecting their lives and as a State party, Malaysia has the obligation to uphold this right. This paper further discusses the views of Muslim jurists on the custodial right under the Islamic law and the approach of the civil and Shariah court in considering the views of children in custody dispute. It was found that in most cases, each party tried to convince the court that he or she is more eligible than the other to obtain the custody. The battles compounded and ignited controversies when both disputing parties commenced the legal tussle over custody of the children in the civil court and Shariah court respectively. In these cases the judgments often turned out differently and consequently, no satisfactory outcomes were achieved for the disputing parties.

Original languageEnglish
Pages (from-to)4812-4815
Number of pages4
JournalAdvanced Science Letters
Volume23
Issue number5
DOIs
Publication statusPublished - 1 May 2017

Fingerprint

Dissent and Disputes
child custody
Child Custody
parents
Parents
participation
Islam
United Nations
Malaysia
civil court
jurist
party state
privilege
obligation
Muslim
UNO
Participation
Children
Law
court

Keywords

  • Children’s participation
  • Custody
  • Interfaith parent

ASJC Scopus subject areas

  • Health(social science)
  • Computer Science(all)
  • Education
  • Mathematics(all)
  • Environmental Science(all)
  • Engineering(all)
  • Energy(all)

Cite this

Zakaria, M. Z., Yaakob, A., Ahmad, A., Musa, A. S., Hasbullah, M., Rajuddin, A. S., ... Samuri, M. A. A. (2017). Children’s participation in custody dispute involving interfaith parents. Advanced Science Letters, 23(5), 4812-4815. https://doi.org/10.1166/asl.2017.8913

Children’s participation in custody dispute involving interfaith parents. / Zakaria, Mohamad Zaharuddin; Yaakob, Adzidah; Ahmad, Asmidah; Musa, Abdul Samat; Hasbullah, Mushaddad; Rajuddin, Ainun Syafiqah; Mohd Awal, Noor Aziah; Samuri, Mohd. Al Adib.

In: Advanced Science Letters, Vol. 23, No. 5, 01.05.2017, p. 4812-4815.

Research output: Contribution to journalArticle

Zakaria, MZ, Yaakob, A, Ahmad, A, Musa, AS, Hasbullah, M, Rajuddin, AS, Mohd Awal, NA & Samuri, MAA 2017, 'Children’s participation in custody dispute involving interfaith parents', Advanced Science Letters, vol. 23, no. 5, pp. 4812-4815. https://doi.org/10.1166/asl.2017.8913
Zakaria MZ, Yaakob A, Ahmad A, Musa AS, Hasbullah M, Rajuddin AS et al. Children’s participation in custody dispute involving interfaith parents. Advanced Science Letters. 2017 May 1;23(5):4812-4815. https://doi.org/10.1166/asl.2017.8913
Zakaria, Mohamad Zaharuddin ; Yaakob, Adzidah ; Ahmad, Asmidah ; Musa, Abdul Samat ; Hasbullah, Mushaddad ; Rajuddin, Ainun Syafiqah ; Mohd Awal, Noor Aziah ; Samuri, Mohd. Al Adib. / Children’s participation in custody dispute involving interfaith parents. In: Advanced Science Letters. 2017 ; Vol. 23, No. 5. pp. 4812-4815.
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