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]
Abstract:
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
