ISSN: 2222-6990
Open access
In a cross-border marriage (CBM), failure of the Muslim parties to register their CBM will have direct impact to their future born child. Their action will contravene with Articles 3, 5, 7 and 28 of United Nation Convention on Rights of Child that spell out that parents must do what is the best for their children, protect their rights, legally registered their name and right to education. The main purpose of this paper is to address that failure of the CBM couple to register their marriage, no certificate of marriage be produced, will ended up with failure to register the birth. Even if registration of birth is allowed, the name of the biological father will not be stated. Without birth certificate, the child cannot register at public school and lose his right to education. On the other hand, under hukum syara’ the child paternity is in doubt and he might lose his right to inheritance if his father died. The study is vital to address to the public the importance of registering their marriage as not to jeopardize their child‘s future. This paper uses a qualitative data collection method where in-depth document analysis is carried out. Primary sources such as the Acts, Regulations and court‘s decision are scrutinized. On the other hand, secondary sources that are studied comprise of law reports, legal periodical articles and newspaper cuttings. Possible suggestions are offered in the conclusion.
Administration of Islamic Organization Act 1997
Al-Khusari, A. (1976). Al-Nikah wa al-Qaddaya al-Muta alliqah bihi, Dar Ibn Zaydun, Beirut, 7.
Al-Zuhayli, W. (1989). Al-Fiqh al-Islami wa Adillatuh, 3rd Publication, Damascus: Dar al-Fikr, 7: 78
Al-Qur’an: Surah al-Baqarah (2): 233.
Ainsafree Bidin, Sijil Nikah Halang Hasrat Persekolahan 3 Beradik, utusanperak@utusan.com.my (Accessed on 23 September 2017).
Harun, A. (2006). Zaki Azmi mohon isytihar pernikahannya tak sah.
http://www.utusan.com.my/utusan/archieve. (Accessed on 2 March 2006).
Anderson, J. N. D. and Noel, C. (1967). Islamic Law in the Contemporary Cultural Change, Saeclum, p. 62.
Children Rights Coalition Malaysia, https://unicef.org/eapro/Report_on_Children_Rights_pdf. (Accessed on 23 September 2017).
Cj.my/post/81519/research-50000-undocumented-and-stateless-children-in-malaysia (Accessed on 23 September 2017).
Education (Admission of Pupils to Schools, Keeping of Register and Conditions under which Pupils May be Retained in Schools) Regulations 1998. (Accessed on 23 September 2017).
http://www.espact.com.my/national-education-system/compulsory-primary-education. (Accessed on 23 September 2017). http://www.sinarharian.com.my/edisi/utara/lapan-kes-tiada-sijil-kelahiran-(Accessed on 23 September 2017).
http://www.islam.gov.my/e-rujukan/islammas.html (Accessed 20 September 2017).
Islamic Family Law (Federal Territories) Act 1984
Tayyibji, M. (ed). (1968). Muslim Law: The Personal Law of Muslims in India and Pakistan, 4th Edition, N.M. Tripathi, Bombay, p. 54.
Hashim, N. M. (2003) Kahwin lari: Tinjauan umum (Runaway marriage: A general overview). Paper presented at the Seminar Isu-isu Mahkamah Shariah IV; Kahwin Lari: Masalah dan penyelesaiannya, Moot Court, International Islamic University Malaysia.
National laws and national policies of the Government of Malaysia, including the Syariah law, https://treaties.un.org (Accessed on 22 Sept 2017).
Poligami: Speaker Kelantan terlepas hukuman penjara, Utusan Malaysia, 21 July 1999, p 4.
Qamhani, Hamid, M., Allah, U. A. (1980). Ahkam al-Ahwaql al-Shakhsiyyah li al-Muslimin, Dar al-Matbu‘ah al-Jariah, al-Iskandariyyah, 21.
Registration of Year 1 Students 2017/2018 Intake, https://public.moe.gov.my/ (Accessed on 23 September 2017).
Taib, T. A. B. M. (2006). KenyataanMedia.http://www.freeanwar.net/jan 2000 (Accessed on 8 February 2006).
In-Text Citation: (Hashim, Soh@Yusoff, Hak, & Said, 2019)
To Cite this Article: Hashim, N. M., Soh@Yusoff, R. C., Hak, N. A., & Said, M. H. M. (2019). Children of Cross-Border Marriage: Rights and Future. International Journal of Academic Research Business and Social Sciences, 9(5), 470–480.
Copyright: © 2019 The Author(s)
Published by Human Resource Management Academic Research Society (www.hrmars.com)
This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode