A study on Article 121(1A) of federal constitution: issues on dispute over properties / Fara Nadia Hashim and Jay Ferrer Jeffrey Linjungan

Hashim, Fara Nadia and Jeffrey Linjungan, Jay Ferrer (2007) A study on Article 121(1A) of federal constitution: issues on dispute over properties / Fara Nadia Hashim and Jay Ferrer Jeffrey Linjungan. [Student Project] (Unpublished)

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Abstract

When one of the parties in a non-Muslim marriage has converted to Islam, there will be conflicts as to which court they should go to to seek remedies. Article 121 (1A) makes the Civil Court not having jurisdiction over matters that already fall under the jurisdiction of the Syariah Courts. However, conflicts arise when it comes to implementation of Article 121 (1A). A non-Muslim does not have a locus standi in the Syariah Court hence they not allowed to bring their case to the Syariah Court. On the other hand, a Muslim could not bring his or her case to the Civil Court because a Muslim marriage falls within the jurisdiction of the Syariah Courts. These parties will have difficulties in searching for remedies that can help them to solve their disputes. Therefore, the purpose of this project is to examine the scope and limitation of Article 121(1 A) of the Federal Constitution, particularly on the issue on disputes over properties. In addition to that, the purpose of this project is to help the parties in seeking resolution to their problems. Our research has shown that problems still arise despite the introduction of Article 121 (1 A) into the Federal Constitution. When a party to a marriage becomes an apostate or converts to Islam and disputes over properties occur, conflict of laws soon follow. Our conclusion is that perhaps amendments need to be made to the relevant laws in order to reduce the conflicts between laws that are applicable in Malaysia.

Metadata

Item Type: Student Project
Creators:
Creators
Email
Hashim, Fara Nadia
2005600668
Jeffrey Linjungan, Jay Ferrer
2005479038
Contributors:
Contribution
Name
Email / ID Num.
Thesis advisor
Mohd. Saufi, Suzaini
UNSPECIFIED
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Constitutional law
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Bachelor in Legal Studies (Hons)
Item ID: 35882
Uncontrolled Keywords: Article 121(1A), Federal, Constitution, Civil court
URI: https://ir.uitm.edu.my/id/eprint/35882

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