The amendment to the Act of 1964: reconciling the irreconcilability

This paper examines the ramifications of the recent amendment to the Law Reform (Marriage and Divorce) Act 1976 (‘The Act of 164’) in protecting the well-being of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed subst...

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Main Authors:	Mohd Zin, Najibah, Abdul Hak, Nora, Hamid, Abdul Ghafur@Khin Maung Sein, Mohamed Jani, Hidayati
Format:	Conference or Workshop Item
Language:	English English
Published:	2018
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/65835/ http://irep.iium.edu.my/65835/ http://irep.iium.edu.my/65835/1/The%20Amendment%20-%20NAJIBAH%20MOHD%20ZIN.pdf http://irep.iium.edu.my/65835/2/iclas%202018.pdf

id	iium-65835
recordtype	eprints
spelling	iium-658352018-09-25T06:32:37Z http://irep.iium.edu.my/65835/ The amendment to the Act of 1964: reconciling the irreconcilability Mohd Zin, Najibah Abdul Hak, Nora Hamid, Abdul Ghafur@Khin Maung Sein Mohamed Jani, Hidayati K Law (General) This paper examines the ramifications of the recent amendment to the Law Reform (Marriage and Divorce) Act 1976 (‘The Act of 164’) in protecting the well-being of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed substantial reforms to section 51 of the Act pertaining to the divorce on the ground of conversion, increasing the age limit for child maintenance and adopting more flexible principles in dividing matrimonial assets. However, the focus will be on the impact of the amendment to section 51 of Act of 164 due to its significant in changing the landscape of legal arguments pertaining to jurisdiction of the court in dealing with the subject matter in dispute, ranging from the divorce and other intense arguments pertaining to maintenance of wife, child custody and religious status of children. The study adopts qualitative study in elucidating relevant documents that comprised of statutory laws, articles in legal journals and decided cases where arguments leading to the need for the reform of those affected issues were well addressed. Certain aspects of Islamic jurisprudence will be referred to and analysed in searching for authoritative and practical legal arguments within the existing legal framework. Harmonisation of law is adopted whenever applicable when dealing with resolution of conflict of laws. It is hope that this study will provide constructive argument and invaluable source of reference for the Malaysian civil court in disposing interfaith family disputes when the law is fully enforced. 2018 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/65835/1/The%20Amendment%20-%20NAJIBAH%20MOHD%20ZIN.pdf application/pdf en http://irep.iium.edu.my/65835/2/iclas%202018.pdf Mohd Zin, Najibah and Abdul Hak, Nora and Hamid, Abdul Ghafur@Khin Maung Sein and Mohamed Jani, Hidayati (2018) The amendment to the Act of 1964: reconciling the irreconcilability. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished) https://iclas2018.org/parallel-sessions/
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) Mohd Zin, Najibah Abdul Hak, Nora Hamid, Abdul Ghafur@Khin Maung Sein Mohamed Jani, Hidayati The amendment to the Act of 1964: reconciling the irreconcilability
description	This paper examines the ramifications of the recent amendment to the Law Reform (Marriage and Divorce) Act 1976 (‘The Act of 164’) in protecting the well-being of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed substantial reforms to section 51 of the Act pertaining to the divorce on the ground of conversion, increasing the age limit for child maintenance and adopting more flexible principles in dividing matrimonial assets. However, the focus will be on the impact of the amendment to section 51 of Act of 164 due to its significant in changing the landscape of legal arguments pertaining to jurisdiction of the court in dealing with the subject matter in dispute, ranging from the divorce and other intense arguments pertaining to maintenance of wife, child custody and religious status of children. The study adopts qualitative study in elucidating relevant documents that comprised of statutory laws, articles in legal journals and decided cases where arguments leading to the need for the reform of those affected issues were well addressed. Certain aspects of Islamic jurisprudence will be referred to and analysed in searching for authoritative and practical legal arguments within the existing legal framework. Harmonisation of law is adopted whenever applicable when dealing with resolution of conflict of laws. It is hope that this study will provide constructive argument and invaluable source of reference for the Malaysian civil court in disposing interfaith family disputes when the law is fully enforced.
format	Conference or Workshop Item
author	Mohd Zin, Najibah Abdul Hak, Nora Hamid, Abdul Ghafur@Khin Maung Sein Mohamed Jani, Hidayati
author_facet	Mohd Zin, Najibah Abdul Hak, Nora Hamid, Abdul Ghafur@Khin Maung Sein Mohamed Jani, Hidayati
author_sort	Mohd Zin, Najibah
title	The amendment to the Act of 1964: reconciling the irreconcilability
title_short	The amendment to the Act of 1964: reconciling the irreconcilability
title_full	The amendment to the Act of 1964: reconciling the irreconcilability
title_fullStr	The amendment to the Act of 1964: reconciling the irreconcilability
title_full_unstemmed	The amendment to the Act of 1964: reconciling the irreconcilability
title_sort	amendment to the act of 1964: reconciling the irreconcilability
publishDate	2018
url	http://irep.iium.edu.my/65835/ http://irep.iium.edu.my/65835/ http://irep.iium.edu.my/65835/1/The%20Amendment%20-%20NAJIBAH%20MOHD%20ZIN.pdf http://irep.iium.edu.my/65835/2/iclas%202018.pdf
first_indexed	2023-09-18T21:33:24Z
last_indexed	2023-09-18T21:33:24Z
_version_	1777412660980088832

The amendment to the Act of 1964: reconciling the irreconcilability

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