Browsing by Author "Awal N.A.M."
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Publication The application of the concept of best interests of the child in participating in the matrimonial proceeding in the Shariah court(American Scientific Publishers, 2017) ;Yaakob A. ;Ahmad A. ;Musa A.S. ;Mushaddad Hasbullah ;Rajuddin A.S. ;Zakaria M.Z. ;Awal N.A.M. ;Samuri M.A.A. ;Islamic Finance and Wealth Management Institute (IFWMI) ;Faculty of Syariah and Law ;Universiti Sains Islam Malaysia (USIM)Universiti Kebangsaan Malaysia (UKM)This paper discusses the application of children’s best interests in participating in the matrimonial proceedings of the Malaysian Shariah Court. The existing legal framework governing the children’s participation is also examined by looking at the court procedure and Sulh processes. The Sulh process is the present mechanism, introduced by the Shariah Court to expedite the settlement of matrimonial disputes. In practice, the settlement is always subject to mutual consent of both parties involved in disputes, but rarely the importance of children’s interests and hopes is taken into consideration. Hence, various children’s best interests could have been jeopardized in the process of courts proceedings. Therefore, it is suggested that a Sulh Council for Children should be established and a standard judicial procedures for children’s participation in matrimonial disputes particularly in the case of Hadhanah be developed in order to protect the children’s best interests. - Some of the metrics are blocked by yourconsent settings
Publication Children’s participation in custody dispute involving interfaith parents(American Scientific Publishers, 2017) ;Zakaria M.Z. ;Yaakob A. ;Ahmad A. ;Musa A.S. ;Mushaddad Hasbullah ;Rajuddin A.S. ;Awal N.A.M. ;Samuri M.A.A. ;Faculty of Syariah and Law ;Islamic Finance and Wealth Management Institute (IFWMI) ;Universiti Sains Islam Malaysia (USIM)Universiti Kebangsaan Malaysia (UKM)The paper seeks to discuss children’s participation in custody dispute involving interfaith parents and to examine to what extent the voice of the children will be considered and followed by the judge. This is in line with Article 12 of the United Nation Convention on the Rights of Child (CRC) which gives privilege to the children the right to be heard in any matter affecting their lives and as a State party, Malaysia has the obligation to uphold this right. This paper further discusses the views of Muslim jurists on the custodial right under the Islamic law and the approach of the civil and Shariah court in considering the views of children in custody dispute. It was found that in most cases, each party tried to convince the court that he or she is more eligible than the other to obtain the custody. The battles compounded and ignited controversies when both disputing parties commenced the legal tussle over custody of the children in the civil court and Shariah court respectively. In these cases the judgments often turned out differently and consequently, no satisfactory outcomes were achieved for the disputing parties. - Some of the metrics are blocked by yourconsent settings
Publication Children’s participation in judicial procedure to prevail family justice(American Scientific Publishers, 2017) ;Ahmad A. ;Awal N.A.M. ;Samuri M.A.A. ;Rajuddin A.S. ;Yaakob A. ;Zakaria M.Z. ;Islamic Finance and Wealth Management Institute (IFWMI) ;Faculty of Syariah and Law ;Universiti Sains Islam Malaysia (USIM)Universiti Kebangsaan Malaysia (UKM)Children, like adults, are equally entitled to enjoy their fundamental rights especially in deciding matters related to their lives. However, in cases that involve family disputes especially pertaining to custody of children, such rights have often been denied or disregarded all together. Therefore, this paper seeks to discuss the relationship between the children’s rights to participate in legal proceedings and whether the best interests of the child are considered in such family proceedings. To this end, this paper highlights the application of these two principles with special reference to the pluralistic legal system that Malaysian has namely the Civil and Shariah law, as well as the International law. Upon presenting the arguments, this paper recommends some improvements on the judicial procedures in order for judges to meet the children and ensure that justice is served to the latter, particularly by providing them equal rights to be heard in custodial cases. - Some of the metrics are blocked by yourconsent settings
Publication International discourse on child participation in family justice(Canadian Center of Science and Education, 2016) ;Ahmad A. ;Awal N.A.M. ;Samuri M.A.A. ;Faculty of Syariah and Law ;Universiti Sains Islam Malaysia (USIM)Universiti Kebangsaan Malaysia (UKM)Family justice has undoubtedly molded in an interesting shape throughout the century. Recent development upholds the sovereignty of children’s right over the traditional paternalistic and maternal preference in deciding matrimonial disputes. Affording right to children to participate in matrimonial proceeding will surely be debatable and bring about further complex issues to the proceeding since children are viewed as vulnerable group who must be protected from any harm. Hence, this article intends to review the international discourse ranging from the children’s right and family justice as undertaken internationally and provides commentary on Malaysian current practice. Results indicated that statutory provisions in Malaysian laws value the wishes of a child only in custody cases but the practice is slightly erratic as distinctive judges have different practices. It is submitted that a comprehensive guideline on judicial procedure are then required to be developed in ensuring that Justice must not only be done but must be seen to be done to all parties including the children. - Some of the metrics are blocked by yourconsent settings
Publication Spiritual education module for out-of-wedlock pregnant adolescents(Sakarya University, 2015-08) ;Md Sham F. ;Dakir J. ;Tibek S.R.H. ;Awal N.A.M. ;Hamjah S.H. ;Ismail A.H. ;Ismail M. ;Ismail Ibrahim S.M. ;Faculty of Leadership and Management ;Universiti Kebangsaan Malaysia (UKM)Universiti Sains Islam Malaysia (USIM)Out-of-wedlock pregnancy among adolescents has become a social issue in today's global society. In Malaysia, statistics (Department of National Statistics of Malaysia) show that in the years 2000-2008, there were 257,000 births registered without father. In the context of the Muslim community in Malaysia, pregnancy outside of legal marriage is something contrary to the norms, moral values, culture and religion of society. Such pregnant adolescents would be placed in a shelter and rehabilitation centre run by the government or an NGO. The aim is to give protection, moral and spiritual support, so that the adolescents may be psychologically restored and they would not repeat the same mistake after the intervention. The purpose of this study is to examine the syllabus of the spiritual education module that has been implemented by a shelter home, the Harapan Secondary School Rehabilitation Centre. An Islamic Practice Instrument (IPIfariza) Questionnaire was administered to 38 pregnant adolescents at the rehabilitation centre which conducted this spiritual education module. Data was analyzed to assess the spiritual level of adolescents after undergoing the intervention process through learning and training in this module. The results of this study show that the level of spirituality among adolescents improved in three categories namely faith, worship and morality. The study also finds that adolescents' knowledge relating to religious and moral values also increased. Overall, the study finds that the spiritual education module has a positive impact on the adolescents psychology and spirituality. The Turkish Online Journal of Educational Technology.