Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia

Cross border marriage (CBM) is one of the solutions to legalise a marriage and is a common phenomenon involving both monogamous and polygamous eloped marriages. This polemic issue has occurred among the Malays (mainly among the followers of Shafie Mazhab) since a long time ago and still continues....

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Main Author:	Md Hashim, Noraini
Format:	Conference or Workshop Item
Language:	English English
Published:	2011
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/7586/ http://irep.iium.edu.my/7586/ http://irep.iium.edu.my/7586/1/National_Seminar_Msia_Family_Policy__Noraini_Hashim_IIUM_2.pdf http://irep.iium.edu.my/7586/4/Cross_border_marriage_%28cbm%29.pdf

id	iium-7586
recordtype	eprints
spelling	iium-75862015-09-18T08:40:21Z http://irep.iium.edu.my/7586/ Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia Md Hashim, Noraini K Law (General) KBP Islamic Law Cross border marriage (CBM) is one of the solutions to legalise a marriage and is a common phenomenon involving both monogamous and polygamous eloped marriages. This polemic issue has occurred among the Malays (mainly among the followers of Shafie Mazhab) since a long time ago and still continues. This article examines the issue that CBM, which are rampant at present, will lead to uncertainty to the validity of marriages. This uncertainty will lead to problems in determining the status of the marriage and other claims in the marriages including matters involving children and inheritance. This article discusses factors that influence parties to contract CBM and violate the specified law and procedures. Qualitative and quantitative methods were employed in collecting information from the Shariah courts’ files pertaining to the profiles of parties to CBM in four selected states in Malaysia namely Kedah, Kelantan, Selangor and Johor. Data were collected using questionaires developed based on the Islamic Family Law Act and other legal literatures. Data were analysed by using descriptive statistical technique which revealed the general pattern of all variables understudied. The findings from this research are expected to fill in the gap in socio-legal literature in relation to Muslim marriages. It could provide valid justification to support the National Family Policy and to design any regulatory framework relating to the implementation and enforcement of Islamic family law in Malaysia. It is important to marry according to the law and procedures that have been laid down under the Islamic Family Law Act and Enactments so that appropriate protection provided under the law can be extended, especially to women and children whenever matrimonial problems arise. 2011-09-15 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/7586/1/National_Seminar_Msia_Family_Policy__Noraini_Hashim_IIUM_2.pdf application/pdf en http://irep.iium.edu.my/7586/4/Cross_border_marriage_%28cbm%29.pdf Md Hashim, Noraini (2011) Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia. In: National Seminar on Malaysia Family Policy 2011: Bridging Research and Policy on the Family, Children and Adolescent, 14-15th September 2011, Dewan Al-Farabi, Faculty of Human Ecology, Universiti Putra Malaysia. (Unpublished) http://www.eco1.upm.edu.my/mfp2011/
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) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Md Hashim, Noraini Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia
description	Cross border marriage (CBM) is one of the solutions to legalise a marriage and is a common phenomenon involving both monogamous and polygamous eloped marriages. This polemic issue has occurred among the Malays (mainly among the followers of Shafie Mazhab) since a long time ago and still continues. This article examines the issue that CBM, which are rampant at present, will lead to uncertainty to the validity of marriages. This uncertainty will lead to problems in determining the status of the marriage and other claims in the marriages including matters involving children and inheritance. This article discusses factors that influence parties to contract CBM and violate the specified law and procedures. Qualitative and quantitative methods were employed in collecting information from the Shariah courts’ files pertaining to the profiles of parties to CBM in four selected states in Malaysia namely Kedah, Kelantan, Selangor and Johor. Data were collected using questionaires developed based on the Islamic Family Law Act and other legal literatures. Data were analysed by using descriptive statistical technique which revealed the general pattern of all variables understudied. The findings from this research are expected to fill in the gap in socio-legal literature in relation to Muslim marriages. It could provide valid justification to support the National Family Policy and to design any regulatory framework relating to the implementation and enforcement of Islamic family law in Malaysia. It is important to marry according to the law and procedures that have been laid down under the Islamic Family Law Act and Enactments so that appropriate protection provided under the law can be extended, especially to women and children whenever matrimonial problems arise.
format	Conference or Workshop Item
author	Md Hashim, Noraini
author_facet	Md Hashim, Noraini
author_sort	Md Hashim, Noraini
title	Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia
title_short	Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia
title_full	Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia
title_fullStr	Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia
title_full_unstemmed	Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia
title_sort	cross border marriage (cbm): a comparative study on the profiles and factors of cbm among malays in malaysia
publishDate	2011
url	http://irep.iium.edu.my/7586/ http://irep.iium.edu.my/7586/ http://irep.iium.edu.my/7586/1/National_Seminar_Msia_Family_Policy__Noraini_Hashim_IIUM_2.pdf http://irep.iium.edu.my/7586/4/Cross_border_marriage_%28cbm%29.pdf
first_indexed	2023-09-18T20:17:03Z
last_indexed	2023-09-18T20:17:03Z
_version_	1777407857815191552

Cross border marriage (CBM): a comparative study on the profiles and factors of CBM among Malays in Malaysia

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