الحضانة في قانون الأسرة الإسلامية في ولاية قدح ماليزيا /
This research aims at explaining and clarifying the rules related to custody of children under the Islamic Family Law in the state of Kedah. It also includes a discussion on the provisions related to this custody in the Islamic Family Law, procedures, and related cases from the year 2009 until 2013;...
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| Format: | Thesis |
| Language: | Arabic |
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Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2016
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| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8517 |
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| Summary: | This research aims at explaining and clarifying the rules related to custody of children under the Islamic Family Law in the state of Kedah. It also includes a discussion on the provisions related to this custody in the Islamic Family Law, procedures, and related cases from the year 2009 until 2013; these cases are also analysed. It also includes the causes that led to many parents claiming the right to custody, and implications of the custody, and provides the solutions for the issues related to custody in the Syariah Court in Kedah. The research methods were based on inductive and analytical approaches by examining the subject of custody in scholarly books including ancient and modern texts, statements by Muslim scholars related to custody of children as well as the cases related to custody of children in the Syariah Court in Kedah. Besides that, the researcher also used the survey method to review the documents related to child custody and carried out interviews with an employee at the Syariah Court to obtain information on factors that cause an increase in custody of child cases, its implications, as well as proposed solutions on the issues arising from this jurisdiction of the court. Thus, it was found that the right to the custody of a child does not go to the mother just by following the sections related to custody, as well as specific verses of the Holy Quran and Hadith, but the court decides on the right of custody based on the welfare of the child and its surrounding. It also found that the increase in issues related to child custody in the Syariah Court in Kedah has proven that the court has failed to resolve these issues, especially in cases of taking the child from its guardian without permission. Based on this, the researcher provides the solution by recommending that the passport of the child is taken as well as that of one party who does not get the right of custody in order to prevent its departure from the country. It is also recommended that the visiting hours are recorded at the police station. |
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| Physical Description: | [xii], 121 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 106-114). |