Family Law Malaysia Case Study

2028 Words5 Pages
bulb-icon

Recommended: Consideration of Malaysian law

FRAMEWORK OF FAMILY LAW IN MALAYSIA

1. INTRODUCTION
The very existence of family law is premised upon the fundamental right of a man and a woman to get married to form a family. Such a right is guaranteed by Article 12 of the Federal Constitution of Malaysia.

Whilst family law seems to connote only applications to persons who is related by blood or marriage, it is pertinent to note that it also applicable in some others relations, such as co-habitants, adopted parent and children.
It remains that in Malaysia there are two types of family law, one being the Syariah family law that applies to Muslims and the other being the civil family law that applies to non-Muslims.

The Syariah family law has long been in existent in Malaysia even prior to the civil family law when Muslims marry according to the various states Syariah law. …show more content…

The latter requirement may be waived by the court if adopter is a relative or a mother of the child as the adopter can also a person who married the natural parent of the child.

An adoption order will be, made by the court only if it is satisfied that the consent of the parent or guardian of the child or the person liable to contribute to the support of the child has been obtained; or, that the adoption is in the best interest of the child.

2.5 Legitimacy Act 1961
An illegitimate child refers to him/her born out of wedlock, it is the purpose of this Act to provide for legitimation of a person by subsequent marriage of his/her parents.

2.6 Child Act 2001
This is basically the law that gives protection of child’s right in Malaysia. As seen in the preamble of the Act.

This is an Act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental

Show More
Related

  • 31st Amendment to the Constitution

    2234 Words  | 5 Pages

    ...l now be given the power to interfere in cases where parents have failed in their duties towards the child. This is extremely important as it allows the State to intervene in cases where there has been a failure, which was difficult to do in the past. This new role of protecting children's rights is favourable as it will, hopefully, prevent any failure by the State to children in unacceptable circumstances/situation.

    Read More

  • Child Protective Services and Adoption

    1129 Words  | 3 Pages

    What is adoption? “Adoption establishes a legally recognized, lifelong relationship between a parent and child. The adoptive parent becomes legally and morally responsible for the child's safety, education, health care, value development, development of life skills, as well as the day-to-day care of that child.(Society, 2014)” Adoption is not only maintaining a child, but it is maintaining the responsibility to love and take care of a human being.

    Read More

  • The Children Act of 1989

    1057 Words  | 3 Pages

    “An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.”

    Read More

  • Safeguarding Affects Day-To-Day Work With Children And Young People

    793 Words  | 2 Pages

    The environment has to be safe and secure and equal attention according to the needs of the child is necessary. The Act puts emphasis on the welfare and rights of the child, teachers and support staff must effectively communicate with children and young people respecting their views, wishes and feelings. Again, procedures for reporting concerns and information sharing have to be followed. Professionals such as social workers under the Act are permitted to make investigations and where significant harm is apparent; the police are permitted to take the child.

    Read More

  • Safeguarding Children: Overview of UK Legislation and Policies

    594 Words  | 2 Pages

    Children act 1995 – this act provides the legislative framework for Scotland’s child protection system. Parental responsibilities and rights. Duties and powers public authorities must support and intervene if there are concerns about a child.

    Read More

  • Family Law Essay

    1641 Words  | 4 Pages

    The Amendment Act has followed the research and recommendations that were provided by the Australian Law Reform Commission in 2010. There has been a large move away from providing parents with more rights in terms of parenting orders and access to their children, and has emphasised that there are a large amount of risks when going through these processes. The Amendment Act has provided women and children with more protection from violence and abuse, by assessing potential risks in a larger context and by expanding definitions to include different categories that are considered acceptable within modern society.

    Read More

  • Biracial Adoption

    1608 Words  | 4 Pages

    Adoption is the complete and permanent transfer of parental rights and obligations, usually from one set of legal parents to adoptive parents(Ademec 27). Not until the late 19th century did the U.S. legislative body grant legal status to adoptive parents. This is when children and parents started to gain rights and support from the government. Through the years new laws have been passed and amended to keep the system fair to all adoptive parents. In 1994, Congress passed the Multiethnic Placement Act, making it illegal to delay the placement a child to find a racially matching family. In 1996 the Multiethnic Placement Act was amended to say, “One can not use race as a routine consideration in child placement”(Lewin sec.A). Before 1994, it was difficult to place a black child with white adopters. Last year 5,000 children were adopted from Europe, and 6,000 from Asia, while 183 came from Africa.(Lewin sec. A). The number of out-of-country adoptions are so high because of the requirements and regulations one must follow in the U.S. The requirements include being 21, and include being committed and loving. The home income must be adequate enough to support the family. Passing all of the medical exams and filling out the personal information is mandatory. But the main reason people adopt from overseas is because it is much quicker. A person can adopt a child from another country in a matter of months. In the U.S. the wait can exceed 5 years, which is why some people choose international adoption.

    Read More

  • Women Are Still Fighting For Equal Rights

    2897 Words  | 6 Pages

    Hossain, Kamrul. "In search of equality: marriage related laws for Muslim women in Bangladesh." Journal of International Women's Studies 5.1 (2003): 96+. Global Issues In Context

    Read More

  • Australian Family Law

    1918 Words  | 4 Pages

    In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may involve children, which can make an already tricky situation even more problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the time their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of dispute resolution such as mediation, albeit with its own criticisms, helps to keep relationships afoot in that it provides an opportunity for peaceful and mutual agreements to be made in a more laid back environment.

    Read More

  • Family Law

    1244 Words  | 3 Pages

    Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009

    Read More

  • Adoptiontion: The Legal Process Of Adoption

    1966 Words  | 4 Pages

    What is adoption? Adoption is a legal process by which permanent legal custody is transferred from the birth parent to other parents. In this case Adoption is the process of making a child your own. Adoption is usually a process from non-biological parents. There are far more people wanting to adopt babies than there are babies to be adopted, only about twenty thousand babies a year are put up to be adopted, if an adoption agency places your baby up for an adoption only the best fit family can choose to adopt your child. All adoptions involve some form of consent – an agreement by the birth parent that the child should be adopted. If there are no living birth parents or the child was abandoned, then the consent must be given by the state or country where the child is a resident. Kinship adoptions occur when the birth parents are unstable to care for a child and some member of the child’s family seeks to adopt him or her.

    Read More

  • The Benefits of Adoption

    535 Words  | 2 Pages

    What is adoption? Adoption is to take into one's family through legal means and raise as one's own child. I'm sure everyone in this class would like to become parents someday. But how many of you have ever considered adoption? Growing up as a child I had a friend that was adopted from Russia. Over the years we began to get closer, not just friends, practically brothers. We did absolutely everything together, band, drama, and tennis. Then one day he started to talk about his life and how much different it would be if he wasn't adopted. This sparked my interest in adoption and all the benefits behind it. Everyone wanting to have children should consider there options and keep an open mind about adoption. The benefits of adoption are endless. First, it can promote sharing within a house hold. Secondly, it provides many benefits for the child being adopted. Finally it can gives the parents the satisfaction of raising a child. Adoption is a great way to enhance a family's bond.

    Read More

  • Sociology of Family

    1149 Words  | 3 Pages

    A family might include anyone related by blood or by adoption such as: step parents, grandparents acting as parents, and even brothers and sisters sharing the same household. However, worldwide “the family is regarded as the most ba...

    Read More

  • Malaysia: The Dramatical Change to Pro-Business Policies

    1047 Words  | 3 Pages

    Even though Malaysia’s law system is similar to English Common law system, things like family conflicts and small conflicts at work are so...

    Read More

  • Marriage And Kinship Case Study

    1908 Words  | 4 Pages

    1) Throughout the world societies view marriage and kinship systems from different vantage points. Depending on their government, religion, social interactions, as well as economic circumstances, these factors all play essential roles in how they define marriage and family. Universally, society puts in place rules that govern sexual access between males and females (Nanda, Warms, 2017, p.221). As a result, these rules help to organize labor, distribute individual rights, administer social positions between generations, and relegate how these relationships interact with each other. Often it is because of these external sources that are responsible for determining what type of marriage or family system is deemed acceptable among a

    Read More

More about Family Law Malaysia Case Study

Open Document