Malaysia: What lies ahead?

Research output: Chapter in Book/Report/Conference proceedingChapter

6 Citations (Scopus)

Abstract

Introduction The federation of Malaysia is made up of thirteen states and three federal territories. It has a federal parliament with two chambers, namely the Dewan Negara, comprising appointed members, and the Dewan Rakyat, comprising members who are elected every five years. In each of the thirteen states there is a single-chamber state legislature where members are elected every five years. The federal territories are governed by the Federal Parliament. In relation to family law, there is a split or dual system of family law. Islamic family law, passed by the state legislature of each state and administered through the Syariah courts, applies to Muslims, with a different set of laws, falling under the jurisdiction of the Federal Parliament and administered through civil common law courts, applying to non-Muslims. The Child Act 2001 governs all matters relating to children except those involving Islamic law. A particular problem arises where parents were non-Muslims at the time they married, where one party later converts to Islam and then applies for divorce and custody of children in the Syariah Court, while the non-Muslim party applies in the civil High Court for the same. Malaysia ratified the United Nations Convention on the Rights of the Child in 1995, subject to twelve reservations, but has worked hard to withdraw seven of them, and this chapter will discuss some of the obstacles faced by Malaysia in implementing the Convention.

Original languageEnglish
Title of host publicationThe Future of Child and Family Law: International Predictions
PublisherCambridge University Press
Pages205-234
Number of pages30
ISBN (Print)9781139035194, 9781107006805
DOIs
Publication statusPublished - 1 Jan 2012

Fingerprint

Malaysia
family law
parliament
chamber
dual system
civil law
Law
common law
child custody
federation
divorce
Islam
jurisdiction
Muslim
UNO
parents
act

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

Mohd Awal, N. A. (2012). Malaysia: What lies ahead? In The Future of Child and Family Law: International Predictions (pp. 205-234). Cambridge University Press. https://doi.org/10.1017/CBO9781139035194.008

Malaysia : What lies ahead? / Mohd Awal, Noor Aziah.

The Future of Child and Family Law: International Predictions. Cambridge University Press, 2012. p. 205-234.

Research output: Chapter in Book/Report/Conference proceedingChapter

Mohd Awal, NA 2012, Malaysia: What lies ahead? in The Future of Child and Family Law: International Predictions. Cambridge University Press, pp. 205-234. https://doi.org/10.1017/CBO9781139035194.008
Mohd Awal NA. Malaysia: What lies ahead? In The Future of Child and Family Law: International Predictions. Cambridge University Press. 2012. p. 205-234 https://doi.org/10.1017/CBO9781139035194.008
Mohd Awal, Noor Aziah. / Malaysia : What lies ahead?. The Future of Child and Family Law: International Predictions. Cambridge University Press, 2012. pp. 205-234
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