Children of cross-border marriage: 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...

Full description

Bibliographic Details
Main Authors:	Md Hashim, Noraini, Che Soh @ Yusoff, Roslina, Abdul Hak, Nora, Md Said, Muhamad Helmi
Format:	Article
Language:	English
Published:	Human Resource Management Academic Research Society (HRMARS) 2019
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/72780/ http://irep.iium.edu.my/72780/ http://irep.iium.edu.my/72780/ http://irep.iium.edu.my/72780/1/72780_Children%20of%20Cross-Border%20Marriage.pdf

id	iium-72780
recordtype	eprints
spelling	iium-727802019-06-25T08:51:48Z http://irep.iium.edu.my/72780/ Children of cross-border marriage: rights and future Md Hashim, Noraini Che Soh @ Yusoff, Roslina Abdul Hak, Nora Md Said, Muhamad Helmi K Law (General) KBP Islamic Law 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 scrutinized. 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. Human Resource Management Academic Research Society (HRMARS) 2019-05 Article PeerReviewed application/pdf en http://irep.iium.edu.my/72780/1/72780_Children%20of%20Cross-Border%20Marriage.pdf Md Hashim, Noraini and Che Soh @ Yusoff, Roslina and Abdul Hak, Nora and Md Said, Muhamad Helmi (2019) Children of cross-border marriage: rights and future. International Journal of Academic Research in Business and Social Sciences, 9 (5). pp. 470-480. E-ISSN 2222-6990 http://hrmars.com/hrmars_papers/Children_of_Cross-Border_Marriage_Rights_and_Future1.pdf 10.6007/IJARBSS/v9-i5/5888
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 Md Hashim, Noraini Che Soh @ Yusoff, Roslina Abdul Hak, Nora Md Said, Muhamad Helmi Children of cross-border marriage: 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 scrutinized. 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	Article
author	Md Hashim, Noraini Che Soh @ Yusoff, Roslina Abdul Hak, Nora Md Said, Muhamad Helmi
author_facet	Md Hashim, Noraini Che Soh @ Yusoff, Roslina Abdul Hak, Nora Md Said, Muhamad Helmi
author_sort	Md Hashim, Noraini
title	Children of cross-border marriage: rights and future
title_short	Children of cross-border marriage: rights and future
title_full	Children of cross-border marriage: rights and future
title_fullStr	Children of cross-border marriage: rights and future
title_full_unstemmed	Children of cross-border marriage: rights and future
title_sort	children of cross-border marriage: rights and future
publisher	Human Resource Management Academic Research Society (HRMARS)
publishDate	2019
url	http://irep.iium.edu.my/72780/ http://irep.iium.edu.my/72780/ http://irep.iium.edu.my/72780/ http://irep.iium.edu.my/72780/1/72780_Children%20of%20Cross-Border%20Marriage.pdf
first_indexed	2023-09-18T21:43:10Z
last_indexed	2023-09-18T21:43:10Z
_version_	1777413275172995072

Children of cross-border marriage: rights and future

Similar Items