Publication: The application of the concept of best interests of the child in participating in the matrimonial proceeding in the Shariah court
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Date
2017
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Journal ISSN
Volume Title
Publisher
American Scientific Publishers
Abstract
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.
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Keywords
Best interest of the children, Hadhanah, Judicial procedure, Shariah court, Sulh