Establishing the legal framework for resolving private International Law issues arising from matrimonial disputes in Malaysia

• المؤلفون الرئيسيون: Hamid, Abdul Ghafur@Khin Maung Sein, Mohd Zin, Najibah, Abdul Hak, Nora, Mohamed Jani, Hidayati
• التنسيق: Monograph
• اللغة: English; English
• منشور في: 2019
• الموضوعات: K Law (General)
• الوصول للمادة أونلاين: http://irep.iium.edu.my/71442/1/FRGS16-001-0500%2C%20End%20of%20Project%20Report%2C%20Prof.%20Dr.%20Abdul%20Ghafur%20Hamid%2C%203163%20%281%29.docx.pdf; http://irep.iium.edu.my/71442/2/FRGS16-001-0500%20Completion%20certificate.pdf; http://irep.iium.edu.my/71442/

The research is primarily concerned with conflict of jurisdiction and conflict of laws in matters relating to matrimonial disputes in Malaysia. In conversion cases, the burning issue is whether the civil or Shari’ah Court has exclusive jurisdiction to grant degree of divorce and to make other ancillary orders. Parental child abduction is another worrisome issue. In view of the increasing number of high profile cases where much public interest are at stake, the primary objective of this research is to conduct an in-depth and comprehensive investigation on the matter to be able to come out with viable solutions, which is acceptable to all stake holders to achieve the purpose of national unity. The research is mainly based on qualitative approach. Apart from analysis of legislation and case law, primary data has been collected through in-depth interviews and round-table discussions, involving AG’s Chambers, Civil and Shari’ah Judiciary, JAKIM, IKIM, Islamic Religious Departments and other stake holders. The main findings of the research are that sections 3 and 51 of the Law Reform (Marriage and Divorce) Act 1976 should be amended to tackle conflict of laws and jurisdiction issues and section 52 of the Child Act 2001 should be revised and strengthened to cope with international child abduction cases. The research output has been tested in international and local conferences. The research findings would contribute to promoting further development of legal pluralism in Malaysia. The findings have been published in indexed journals and presented in local and international conferences, and will also be submitted to the Government for necessary law reforms.