Tuesday, November 12, 2013

Bentang Kertas kerja..


Saya akan ke UIA hari Selasa dan Rabu (12-13 Nov 2013) untuk menghadiri seminar Hak Asasi anjuran UIA- National Conference on Human Rights in Islam: Issues and Challenges
Insya Allah saya akan bentangkan satu paper bertajuk Hak Anak untuk Nafkah: Analisis Kes yang diputuskan oleh Mahkamah Syariah. Peper ini dalam BI, sebahagian dari tesis saya. Saya siapkan, Pak Tim edit dan saya hantar letak dua nama. Alhamdulillah..

Mudah2an ia akan berjaya dipublish kelak..

Abstractnya seperti di bawah:

The Best Interests of the Child?
An Analysis of Malaysian Syariah Court Cases on
Maintenance for Children after Divorce

Nurhidayah, Muhammad Hashim[1]
Tim Lindsey[2]


The term ‘child maintenance’ refers to an amount of money paid by the parents to cover the needs of their children. The right to receive proper maintenance is embedded in the United Nations Convention on the Rights of the Child (UNCRC) 1989 and has long been recognised by scholars of Islamic law. In Malaysia, several pieces of legislation have been enacted to regulate the provision of maintenance for children after divorce. In recent years, however, child maintenance awards by the Syariah courts have been subject to complaint. The amounts granted in most cases are said to be relatively small and insufficient to cover the needs of children after divorce, especially those living with a full-time housewife mother. In addition, decisions in child maintenance cases often lack consistency and do not reflect the non-custodial parent’s ability to pay. This study investigates how Syariah judges decide child maintenance cases and what criteria they rely upon in determining amounts of maintenance for children. By referring to reported and unreported cases (2002 to 2010), and information received from interviewees, we found a range of differing, and sometimes conflicting, approaches taken by the courts that lead to the small and inconsistent amounts awarded. This paper recommends that specific guidelines be introduced to assist judges to assess and determine maintenance in ways that will better protect the interests of children of divorcing parents.

Keywords: child maintenance, Syariah courts, Malaysia

[1] Assoc. Professor Nurhidayah is a lecturer  at the Universiti Teknologi MARA (UiTM), Shah Alam
[2] Professor Tim Lindsey is Director of the Centre for Indonesian Law, Islam and Society in the Law School at the University of Melbourne, where he is also Malcolm Smith Professor of Asian Law.