Children of cross border marriage (CBM): Their rights and future

In a cross-border marriage (CBM), failure of the Muslim parties to register their CBM will have direct impact to their future born child. Their action will contravene with Articles 3, 5, 7 and 28 of United Nation Convention on Rights of Child that spell out that parents must do what is the best for...

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Main Authors: Md Hashim, Noraini, Che Soh @ Yusoff, Roslina, Abdul Hak, Nora, Mohd Helmi, Md Said
Format: Conference or Workshop Item
Language:English
Published: 2017
Subjects:
Online Access:http://irep.iium.edu.my/58976/
http://irep.iium.edu.my/58976/15/58976-Chidren%20of%20cross%20border%20marriage_rights%20and%20future.pdf
id iium-58976
recordtype eprints
spelling iium-589762017-11-01T08:03:17Z http://irep.iium.edu.my/58976/ Children of cross border marriage (CBM): Their rights and future Md Hashim, Noraini Che Soh @ Yusoff, Roslina Abdul Hak, Nora Mohd Helmi, Md Said K Law (General) In a cross-border marriage (CBM), failure of the Muslim parties to register their CBM will have direct impact to their future born child. Their action will contravene with Articles 3, 5, 7 and 28 of United Nation Convention on Rights of Child that spell out that parents must do what is the best for their children, protect their rights, legally registered their name and right to education. The main purpose of this paper is to address that failure of the CBM couple to register their marriage, no certificate of marriage be produced, will ended up with failure to register the birth. Even if registration of birth is allowed, the name of the biological father will not be stated. Without birth certificate, the child cannot register at public school and lose his right to education. On the other hand, under hukum syara‘ the child paternity is in doubt and he might lose his right to inheritance if his father died. The study is vital to address to the public the importance of registering their marriage as not to jeopardize their child‘s future. This paper uses a qualitative data collection method where in-depth document analysis is carried out. Primary sources such as the Acts, Regulations and court‘s decision are scrutinised. On the other hand, secondary sources that are studied comprise of law reports, legal periodical articles and newspaper cuttings. Possible suggestions are offered in the conclusion. 2017 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/58976/15/58976-Chidren%20of%20cross%20border%20marriage_rights%20and%20future.pdf Md Hashim, Noraini and Che Soh @ Yusoff, Roslina and Abdul Hak, Nora and Mohd Helmi, Md Said (2017) Children of cross border marriage (CBM): Their rights and future. In: International Conference On Child And Humanitarian Law (ICCHL), 8th-9th October 2017, Kuala Terengganu, Terengganu. (Unpublished)
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)
spellingShingle K Law (General)
Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
Abdul Hak, Nora
Mohd Helmi, Md Said
Children of cross border marriage (CBM): Their rights and future
description In a cross-border marriage (CBM), failure of the Muslim parties to register their CBM will have direct impact to their future born child. Their action will contravene with Articles 3, 5, 7 and 28 of United Nation Convention on Rights of Child that spell out that parents must do what is the best for their children, protect their rights, legally registered their name and right to education. The main purpose of this paper is to address that failure of the CBM couple to register their marriage, no certificate of marriage be produced, will ended up with failure to register the birth. Even if registration of birth is allowed, the name of the biological father will not be stated. Without birth certificate, the child cannot register at public school and lose his right to education. On the other hand, under hukum syara‘ the child paternity is in doubt and he might lose his right to inheritance if his father died. The study is vital to address to the public the importance of registering their marriage as not to jeopardize their child‘s future. This paper uses a qualitative data collection method where in-depth document analysis is carried out. Primary sources such as the Acts, Regulations and court‘s decision are scrutinised. On the other hand, secondary sources that are studied comprise of law reports, legal periodical articles and newspaper cuttings. Possible suggestions are offered in the conclusion.
format Conference or Workshop Item
author Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
Abdul Hak, Nora
Mohd Helmi, Md Said
author_facet Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
Abdul Hak, Nora
Mohd Helmi, Md Said
author_sort Md Hashim, Noraini
title Children of cross border marriage (CBM): Their rights and future
title_short Children of cross border marriage (CBM): Their rights and future
title_full Children of cross border marriage (CBM): Their rights and future
title_fullStr Children of cross border marriage (CBM): Their rights and future
title_full_unstemmed Children of cross border marriage (CBM): Their rights and future
title_sort children of cross border marriage (cbm): their rights and future
publishDate 2017
url http://irep.iium.edu.my/58976/
http://irep.iium.edu.my/58976/15/58976-Chidren%20of%20cross%20border%20marriage_rights%20and%20future.pdf
first_indexed 2023-09-18T21:23:28Z
last_indexed 2023-09-18T21:23:28Z
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