The rights of custody and guardianship of the children are different from each other. Custody is primarily vested in the female, especially the mother, and guardianship is the right of the male, such as the father and grandfather. Both rights require different obligations from the mother and father. This article discusses the issues arising from custody and guardianship rights during marriage as well as after divorce. The issues that will be discussed are breach of duties by the custodian or guardian regarding child maintenance and access. The discussion also covers the issue of the choice of religion of the child, child habitual residence as well as the issue of travelling overseas with the child...

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Kajian ini bertujuan membina satu model penghayatan keibubapaan Islam bagi keluarga Muslim. Selain itu membina soalselidik penghayatan keibubapaan Islam dan mengetahui tahap penghayatan keibubapaan Islam mengikut empat pembolehubah iaitu lokasi, status, tempoh perkahwinan dan taraf pendidikan. Di samping itu melihat perbezaan amalan awal dan amalan khusus terhadap empat pembolehubah di atas. Seramai 372 ibubapa (bapa= 162, ibu= 209) telah dipilih. Persampelan rawak berstrata dan rawak mudah dipilih. Data dianalisis menggunakan peratusan, min dan sisishan piawai, fruenkensi, Ujian t, Pearson R dan ANOVA satu hala. Dapatan kajian telah menghasilkan satu model penghayatan keibubapaan Islam yang mempunyai tiga komponen iaitu input (kefahaman), output (amalan) dan mardhatillah (matlamat). Soalselidik terbahagi kepada ilmu kekeluargaa Islam, amalan awal dan amalan khusus keibubapaan dan mempunyai kesahan dan kebolehpercayaan yang tinggi. Kajian ini menghasilkan satu profil penghayatan keibub.....

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Child marriage is not a new topic of debate within the Muslim society. Different understandings and tendencies in interpreting the laws on such an issue among Muslims has sometimes led to conflicts in the society. The discussion regarding child marriage is closely related to the issues of puberty according to Islamic law as well as the readiness of the child to engage in sexual intercourse and the approaches taken by Islamic countries, including Malaysia, to tackle such issues. This article discusses the above mentioned aspects according to Islamic law in classical Fiqh books and also provides comparisons between Islamic family law statutes in other countries...

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Acquiring a temporary wife by contracting a mut‘ah marriage is a controversial issue between the Sunnis and Shi’as. The Sunnis agree that mut‘ah was permitted by the Prophet at certain points during His lifetime, but, in the end, it was prohibited completely. Those who practiced mut‘ah marriage are considered as committing illegal intercourse (zina). In contrast, the Shi’as maintain that the Prophet did not ban the practice, and having established its legality, they go to great lengths in developing the jurisprudence of mut‘ah marriage within the imamiyah school of jurisprudence, laying out the rules and regulations in respect of mut‘ah marriage. The Shi’a generally praise the mut‘ah institution as a solution to problems that can be caused by unchecked human sexual urges and needs. Mut‘ah marriage is seen as a legitimate and progressive way to deal with the sexual nature of human beings, while preserving Islamic values. To emphasise such practices, they claimed that.....

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This article discusses rights of access and the issue of denying access to a parent or party with an access order as well as a parent’s refusal to hand over the children to the party with a custody order. In some cases, it has even led to the abduction of children by the party whose access was denied. Denying a parent the right of access to his/her children is not only an act of breaching the law but also an act of committing sin to the denied parent as well as to the children. In fact, for their emotional and physical well-being, children are entitled to continue their relationship with both parents...

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Kajian ini menghuraikan pembinaan alat ukur amalan keibubapaan Muslim dan melaporkan kesahan dan kebolehpercayaannya. Metode kajian menggunakan penulisan tokoh dalam bidang pendidikan anak-anak dan kekeluargaan Islam untuk menghasilkan konsep dan item amalan keibubapaan. Tiga proses pengukuran iaitu memberi definisi kepada konsep, memilih pengukuran untuk konsep dan memperoleh maklumat empirikal digunakan. Dua konstruk amalan keibubapaan iaitu amalan awal dan amalan khusus keibubapaan dibina. Amalan awal mempunyai 11 item meliputi tiga subkonstruk iaitu sebelum kelahiran, semasa dan selepas kelahiran anak. Amalan khusus keibubapaan mempunyai 59 item dengan lapan subkonstruk bagi pendidikan aqidah, ibadah, sosial, akhlak, emosi, intelektual, pendidikan jasmani/kesihatan dan seksualiti. Lima kaedah mendidik anak dimasukkan dalam setiap skala iaitu kaedah bimbingan dan nasihat, qudwah, pengawasan/pemerhatian, kebiasaan dan hukuman. Sampel kajian terdiri daripada 372 orang ibu bapa daripad.....

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The study discusses about the changing perceptions toward gender justice in sociolegal context of Malay society. The transmission of Egyptian reformists' ideas regarding gender justice to Malay society through the Azharites, increasing education provided to women as well as the interaction between Malay intellectuals with Western civilization are among the factors which contributed to this changes. To conform with the modem nation-state, the jiqh rules have been selectively codified and gradually drafted onto unified legal systems, inspired by Western model. The transformation ofjiqh rules to statutory law in the realm of family law were justified on the principal of judicious policy which enabled the rules to be changed, so as to conform with the changing modem Muslim society. Such reforms however, were claimed insufficient to tackle the issue of patriarchal aspects of family which were regarded as highly disadvantageous to women, especially in the area of marriage,divorce and child c.....

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The basis of the discussion in this article is the protection of the abandoned children or foundlings (al-laq?? ) that covered aspects namely custody, maintenance as well as self-identity. The discussion of foundling’s identity is related to his/her status as a free person (not slave), religion and  lineage are based on Islamic principle that had been examined by dist inctive jurists from different school of jurisprudences. This study utilized document analysis approach, scrutinizing  Islamic jurists’ views as well as Malaysian law provisions on Zanariah Noor these issues. In Malaysia, aspects of custody, maintenance, and identity of the foundlings are handled differently from Islamic law pertaining to these issues, because matters related to the foundlings are under civil law jurisdiction, for instance, Child Act 2001 and Registration of Births and Deaths Act 1957,  aepartment of Social Welfare. The law provisions under Acts/ Enactments of Islamic Family Law in Malaysia in.....

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This paper examines Sheikh Dawud al-Fatani's ?d?hu l-b?b li-mur?di l-nik?h bi-l-saw?b (?Explanation of the chapter for the one who desires a good marriage?), which outlines his understanding and mastery of the jurisprudence of Islamic family law. Al-Fatani is a renowned nineteenth-century Malay Muslim scholar, and his work is widely referred to in Islamic education institutions in the region. A close scrutiny of ?d?hu l-b?b offers a profound understanding of nineteenth-century Malay Muslims' view of the institution of marriage. The foci of this paper include the general concept of marriage in Islam; guidelines on spouse selection; the obligations of both husband and wife; and the law on inter-religious marriage. In summary, al-Fatani shows that marriage requires a meticulous consideration of all parties involved; after all, family is a paramount social unit that needs to be preserved to ensure stability in the development of a society. ? Koninklijke Brill NV, Leiden, 2021..

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