The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position

In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention has been adopted to secure the return of the abducted child to the country of his habitual residence. Most of the Muslim countries are, however, not yet parties to the Convention. Th...

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Main Authors:	Hamid, Abdul Ghafur@Khin Maung Sein, Abdul Hak, Nora, Mohd Zin, Najibah
Format:	Conference or Workshop Item
Language:	English English
Published:	2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/59254/ http://irep.iium.edu.my/59254/ http://irep.iium.edu.my/59254/1/Applicability%20of%20Hague%20Abduction%20Convention%2C%206th%20AsianSIL%20biennial%20Conference%202017%20%28%20Presentation%2C%20Prof.%20Ghafur%29.pdf http://irep.iium.edu.my/59254/10/59254_tentative.pdf

id	iium-59254
recordtype	eprints
spelling	iium-592542018-05-17T07:23:40Z http://irep.iium.edu.my/59254/ The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah K Law (General) In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention has been adopted to secure the return of the abducted child to the country of his habitual residence. Most of the Muslim countries are, however, not yet parties to the Convention. This paper seeks to investigate the reason for this phenomenon, focusing in particular on the compatibility of the Convention with basic tenets of Islamic law. The paper further evaluates the Malaysian domestic legislation and case law in order to ensure whether it is in a position to be a party to the Convention. The paper finds that although there are a few areas of concern, no serious incompatibility between Shari’ah and the Convention exist and that more dissemination is required to quash misconceptions about the Convention among Muslim countries. The paper concludes with recommendations for Muslim countries in this crucial area of protecting the best interests of our children. 2017-08-26 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/59254/1/Applicability%20of%20Hague%20Abduction%20Convention%2C%206th%20AsianSIL%20biennial%20Conference%202017%20%28%20Presentation%2C%20Prof.%20Ghafur%29.pdf application/pdf en http://irep.iium.edu.my/59254/10/59254_tentative.pdf Hamid, Abdul Ghafur@Khin Maung Sein and Abdul Hak, Nora and Mohd Zin, Najibah (2017) The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position. In: 6th Biennial Conference of the Asian Society of International Law 2017, 25th-26th August 2017, Lotte Hotel, Seoul, Republic of Korea. (Unpublished) http://www.asiansilkoreachapter.or.kr/main/main.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position
description	In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention has been adopted to secure the return of the abducted child to the country of his habitual residence. Most of the Muslim countries are, however, not yet parties to the Convention. This paper seeks to investigate the reason for this phenomenon, focusing in particular on the compatibility of the Convention with basic tenets of Islamic law. The paper further evaluates the Malaysian domestic legislation and case law in order to ensure whether it is in a position to be a party to the Convention. The paper finds that although there are a few areas of concern, no serious incompatibility between Shari’ah and the Convention exist and that more dissemination is required to quash misconceptions about the Convention among Muslim countries. The paper concludes with recommendations for Muslim countries in this crucial area of protecting the best interests of our children.
format	Conference or Workshop Item
author	Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position
title_short	The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position
title_full	The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position
title_fullStr	The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position
title_full_unstemmed	The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position
title_sort	applicability of the 1980 hague abduction convention in muslim countries: a particular reference to the malaysian position
publishDate	2017
url	http://irep.iium.edu.my/59254/ http://irep.iium.edu.my/59254/ http://irep.iium.edu.my/59254/1/Applicability%20of%20Hague%20Abduction%20Convention%2C%206th%20AsianSIL%20biennial%20Conference%202017%20%28%20Presentation%2C%20Prof.%20Ghafur%29.pdf http://irep.iium.edu.my/59254/10/59254_tentative.pdf
first_indexed	2023-09-18T21:23:55Z
last_indexed	2023-09-18T21:23:55Z
_version_	1777412064546914304

The applicability of the 1980 Hague Abduction convention in Muslim countries: a particular reference to the Malaysian position

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