Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law

This paper examines the child’s right to determine his / her religious status when one parents converts to Islam under Malaysian law. Determination as to the religious status of a child as well as custodial rights are very much in dispute between these parents as their marriage has to come to an...

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Main Authors:	Mohd Zin, Najibah, Che Soh @ Yusoff, Roslina
Format:	Article
Language:	English
Published:	INSI Publications 2012
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/27964/ http://irep.iium.edu.my/27964/ http://irep.iium.edu.my/27964/1/Religion_of_child.pdf

id	iium-27964
recordtype	eprints
spelling	iium-279642015-04-08T14:36:20Z http://irep.iium.edu.my/27964/ Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law Mohd Zin, Najibah Che Soh @ Yusoff, Roslina K Law (General) KBP Islamic Law This paper examines the child’s right to determine his / her religious status when one parents converts to Islam under Malaysian law. Determination as to the religious status of a child as well as custodial rights are very much in dispute between these parents as their marriage has to come to an end due to religious sanctions and lack of tolerance between them to come to a settlement. As opposed to custodial right, the issue is whether the welfare principle is still relevant in determining the religious status of a child. The current practice suggests that the father is the central focus in deciding the child’s religion under the Federal Constitution as well as Shari‘ah rules though lately there were arguments to allow both parents to have such power. Therefore this study will examine legal provisions pertaining to children’s right to religion under Malaysian law and explore an equal position under the Shari‘ah. INSI Publications 2012-11 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27964/1/Religion_of_child.pdf Mohd Zin, Najibah and Che Soh @ Yusoff, Roslina (2012) Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 66-73. ISSN 1991-8178 http://www.ajbasweb.com/ajbas_Special%20issue_2012.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Mohd Zin, Najibah Che Soh @ Yusoff, Roslina Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law
description	This paper examines the child’s right to determine his / her religious status when one parents converts to Islam under Malaysian law. Determination as to the religious status of a child as well as custodial rights are very much in dispute between these parents as their marriage has to come to an end due to religious sanctions and lack of tolerance between them to come to a settlement. As opposed to custodial right, the issue is whether the welfare principle is still relevant in determining the religious status of a child. The current practice suggests that the father is the central focus in deciding the child’s religion under the Federal Constitution as well as Shari‘ah rules though lately there were arguments to allow both parents to have such power. Therefore this study will examine legal provisions pertaining to children’s right to religion under Malaysian law and explore an equal position under the Shari‘ah.
format	Article
author	Mohd Zin, Najibah Che Soh @ Yusoff, Roslina
author_facet	Mohd Zin, Najibah Che Soh @ Yusoff, Roslina
author_sort	Mohd Zin, Najibah
title	Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law
title_short	Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law
title_full	Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law
title_fullStr	Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law
title_full_unstemmed	Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law
title_sort	legal disputes in determining the religion of the child when one parent converts to islam under malaysian law
publisher	INSI Publications
publishDate	2012
url	http://irep.iium.edu.my/27964/ http://irep.iium.edu.my/27964/ http://irep.iium.edu.my/27964/1/Religion_of_child.pdf
first_indexed	2023-09-18T20:41:25Z
last_indexed	2023-09-18T20:41:25Z
_version_	1777409390172700672

Legal disputes in determining the religion of the child when one parent converts to Islam under Malaysian Law

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