Protection of rights in divorce

Conversion can be no excuse for avoiding prior marriage obligations. WHEN a man embraces Islam just before a divorce, where will the matrimonial property go? This difficult question is only the tip of the iceberg of the current legal limbo in issues relating to conversion. This and various other questions need to be answered, because in cases of conversion of one party to the marriage, the effect of the conversion is colossal - especially on other persons (spouse and children) who have some rights vested in them before the conversion. Under the Law Reform (Marriage and Divorce) Act, 1976, the court has the power, when granting a decree of divorce, to order the division of property acquired by them during the marriage. The division of property does not involve any legal conflict because the division of the respective parties’ acquired properties during their civil marriage does not involve the element of faith. ...

Strict liability in criminal law : a comparative approach

This book was largely based on my dissertation submitted as partial fulfilment for Master of Comparative laws in International Islamic University. It is the aim of this book to highlight the lacunae in the common law concept of strict liability. Strict liability is a technical area of the law. Its apparent simplicity is complicated by many inconsistencies and anomalies within many of the statutory offences that form the bulk of its manifestations. I therefore offers shariah as solution to the problems manifested by strict liabilit

Divorce laws in Malaysia

The aim of this book is to define the outline of the history of divorce laws in Malaysia, without losing sight that divorce must be carefully integrated into a much broader context. A knowledge of that background helps to explain why the law is as it is, but it does not necessarily provide a justification for it to remain unchanged in those areas where reforms may be considered desirable. This has been done by focusing critically on divorce in the Malaysian society. The discussion in this book is divided into two; the Civil Law which is applicable to Non-Muslims and Islamic Law Rfor the Muslims. From the civil law perspective, although the Law Reform (Marriage and Divorce) ACT, 1976 has brought fundamental changes, reforms in divorce law, so far have been confined to the substantial aspects of the law without any consideration as regards the judicial institutions which administer the law. This book highlights possible reforms to improve certain areas of the law. As for divorce law relating to Muslims, although it has improve greatly, unfortunately there are some areas in the administration of Islamic Family Law that need to be further reformed to suit the needs of modern society