Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]

Ali, Alizah and M., QaharAwaka and Ismail, Noraini and Jangga, Rohani and Abu Bakar, Siti ZarikhSofia (2019) Guardianship and custody of divorced couple’s children: welfare of the children or best interest of the child, a comparison study between Malaysia and Indonesia / Alizah Ali ... [et al.]. Insight Journal: International, Refereed, Open Access, Online Journal, 5 (22). pp. 192-203. ISSN 2600-8564

Abstract

There are several unavoidable matters that must be looked into when divorces happened. Properties and children are matters usually contested by divorced couples. Who should take care of the children and where are they going to be brought up are the subjective issues and depends on the circumstances of the individual case. The welfare concept of the child and best interest of the child are the clues that the family court must deal with delicately. The objective of this paper is to determine the application of these concepts by Malaysian law as compared to Indonesian law. This conceptual research paper will significantly indicate as to what extend these two countries successfully apply
the theories of child welfare as well as best interest theories. The information gathered from books, articles, magazines and previous researches supported by the statutory and decided case are discussed thoroughly in accordance to recent situations. The Malaysian statutory solution refers to Law Reform Act (Marriage and Divorce) Act 1976 (Act 164), Guardianship of Infant Act 1961 (Act 351) while Indonesian statutory reference are Law No. 23 of 2002 on Child Protection jo. Law No. 35 of 2014 Amending Law on Child Protection and Law No. 1 of 1974 on Marriage. In addition, United Nations Convention on the Rights of the Child (UNCRC) are also discussed in this paper.

Metadata

Item Type: Article
Creators:
Creators
Email / ID Num.
Ali, Alizah
UNSPECIFIED
M., QaharAwaka
UNSPECIFIED
Ismail, Noraini
UNSPECIFIED
Jangga, Rohani
UNSPECIFIED
Abu Bakar, Siti ZarikhSofia
UNSPECIFIED
Contributors:
Contribution
Name
Email / ID Num.
Chief Editor
Zainon, Assoc. Prof Dr. Saunah
UNSPECIFIED
Editor
Raja Ahmad, Assoc. Prof Dr. Raja Adzrin
UNSPECIFIED
Editor
Soo, Assoc. Prof. Dr. Carolyn Kum Yoke
UNSPECIFIED
Editor
Kadri, Assoc. Prof. Dr Mohd Halim
UNSPECIFIED
Editor
Ismail, Dr. Noriah
UNSPECIFIED
Editor
Mohd Ariff Albakri, Associate Professor Dr. Intan Safinas
UNSPECIFIED
Editor
Khairani, Dr. Noor Sufiawati
UNSPECIFIED
Editor
Othman, Dr. Akmal Aini
UNSPECIFIED
Editor
Ismail, Dr. Norashikin
UNSPECIFIED
Editor
Ahmad, Dr. Syahrul Ahmar
UNSPECIFIED
Editor
Misman, Dr. Faridah Najuna
UNSPECIFIED
Editor
Shamsuddin, Associate Professor Dr. Amanuddin
UNSPECIFIED
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Conflict of laws > Matrimonial actions
K Law > KBP Islamic law. Sharī'ah. Fiqh > Domestic relations (Islamic law). Family law
Divisions: Universiti Teknologi MARA, Johor > Segamat Campus
Journal or Publication Title: Insight Journal: International, Refereed, Open Access, Online Journal
UiTM Journal Collections: UiTM Journal > INSIGHT Journal (IJ)
ISSN: 2600-8564
Volume: 5
Number: 22
Page Range: pp. 192-203
Related URLs:
Keywords: Malaysia; Indonesia; child custody; divorce; welfare; best interest; UiTM Cawangan Johor
Date: 2019
URI: https://ir.uitm.edu.my/id/eprint/42298
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