Comment Conversion and the Conflict of Laws in Respect of Spouse Rights to Inheritance in Malaysia
نام عام مواد
[Article]
نام نخستين پديدآور
Zuliza Mohd Kusrin, Mohd Zamro Muda, Hayatullah Laluddin, et al.
وضعیت نشر و پخش و غیره
محل نشرو پخش و غیره
Leiden
نام ناشر، پخش کننده و غيره
Brill
یادداشتهای مربوط به خلاصه یا چکیده
متن يادداشت
Conversion of either of non-Muslim spouses to Islam has far-reaching legal consequences in matters of the law of personal status in the Malaysian context. This is due to the existence of two different legal systems governing family matters or matters of personal status. Muslims citizens are governed by Islamic family law, whilst non-Muslim citizens are governed by civil law. The existence of dual legal systems, in the case of conversion of either spouse of any civil marriage, leads to a conflict of interest between both parties, for the marriage has to be dissolved according to civil law and the divorce petition has to be applied by the non-Muslim spouse in the civil court. This article attempts to analyze the conflict of laws caused by such conflicts of interest on matters related to the claims of property after the death of either spouse or their conversion. This article focuses mainly on the issues of inheritance and jointly acquired properties. Conversion of either of non-Muslim spouses to Islam has far-reaching legal consequences in matters of the law of personal status in the Malaysian context. This is due to the existence of two different legal systems governing family matters or matters of personal status. Muslims citizens are governed by Islamic family law, whilst non-Muslim citizens are governed by civil law. The existence of dual legal systems, in the case of conversion of either spouse of any civil marriage, leads to a conflict of interest between both parties, for the marriage has to be dissolved according to civil law and the divorce petition has to be applied by the non-Muslim spouse in the civil court. This article attempts to analyze the conflict of laws caused by such conflicts of interest on matters related to the claims of property after the death of either spouse or their conversion. This article focuses mainly on the issues of inheritance and jointly acquired properties.
مجموعه
تاريخ نشر
2012
توصيف ظاهري
1-9
عنوان
Religion & Human Rights
شماره جلد
7/1
شماره استاندارد بين المللي پياييندها
1871-0328
اصطلاحهای موضوعی کنترل نشده
اصطلاح موضوعی
conversion
اصطلاح موضوعی
inheritance
اصطلاح موضوعی
Islamic law
اصطلاح موضوعی
Malaysia
اصطلاح موضوعی
marriage
اصطلاح موضوعی
Muslim
اصطلاح موضوعی
property
اصطلاح موضوعی
spouse rights
نام شخص به منزله سر شناسه - (مسئولیت معنوی درجه اول )