Towards the establishment of family courts in Malaysia /
The objective of this thesis is to propose for the establishment of family courts in Malaysia. The thesis analyses how family disputes are dealt with in the Malaysian courts and other institutions. This includes studies on the administration of family law and mechanisms of dispute resolution that ar...
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
| Published: |
Gombak, Selangor :
Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia,
2016
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| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
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| Summary: | The objective of this thesis is to propose for the establishment of family courts in Malaysia. The thesis analyses how family disputes are dealt with in the Malaysian courts and other institutions. This includes studies on the administration of family law and mechanisms of dispute resolution that are available in the Syariah courts and civil courts; and also studies on the non-judicial institutions that provide family services and mechanisms to settle family disputes. These mechanisms include litigation, mediation, arbitration and family counselling. This research is undertaken on the ground that the present court system is not effective enough in dealing with family problems. The research involves qualitative methods where interviews and study visits were conducted for specific purposes. Library research was conducted intensively to gather all the information that is essential to this research. Subsequently, comparative studies are made with three countries. These are Singapore, Australia and Morocco. The purpose of studying these countries is to find a suitable model of family court as a benchmark for Malaysia. The family court structures of these countries are also examined to see where their family courts are placed in the judicial hierarchy. It is found that amicable dispute resolutions are very much encouraged by the family courts in those countries. The family courts also establish a strong networking with the institutions that can help the families to cope with their conflicts. Therefore, this research emphasizes that family disputes must not only be heard in a specialized court dedicated to deal with family cases only, but these courts, apart from determining legal issues, can also provide holistic resolutions to the family conflicts. This can be done either by establishing support units within the court itself, or by establishing a networking with the external institutions. The ideal solution is to establish a single family court for both Muslims and non-Muslims. However, due to certain limitations, the most practical recommendation for the time being is to establish family courts within the streamline of the existing civil and Syariah court structure. For the civil system, it is suggested that a specialized family court be established within the civil court of every states in Malaysia. Whereas, for the Syariah courts, the elements that make up a family court must be incorporated into the Syariah courts, to strengthen its role in dealing with family cases. The research suggested that both civil courts and Syariah courts need to have a counselling unit set up within the courts, with their own qualified counsellors. Mediation must be the essential tool in dispensing justice in family disputes. At the same time, the family courts and the Syariah courts must have a networking with the external family service providers that can assist the family to resolve their personal and interpersonal conflicts through many ways. Through this cooperation, it is expected that family disputes can be handled in a more holistic approach. |
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| Physical Description: | xv, 279 leaves : ill. ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 267-279). |