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Islamic Family Law in Malaysia, Second Edition

 

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Islamic Family Law in Malaysia, Second Edition
Sep 2021
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Najibah Mohd Zin is a Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She obtained her LLB and Master of Comparative law (MCL) from IIUM, and her PhD from Glasgow Caledonian University, Scotland, UK. She has taught various subjects in civil and shariah law including law of contract, law of torts, land law, Islamic legal system, family law and shariah procedures. At present, Najibah specialises in family- related laws and women’s rights. She teaches these courses to postgraduate students, and supervises research students in these related fields. She has gained international recognition as an examiner for postgraduate theses and has been invited as a guest speaker on family law, as well as on various issues relating to gender studies and women’s rights in Malaysia. She was a visiting fellow at the National University of Singapore and the Oxford Centre for Islamic Studies, University of Oxford in 2005 and 2010– 2011 respectively. She co- authored Family Law (non- Muslims) in Malaysia (IIUM Press, 2012), The Law on Domestic Violence in Malaysia (IIUM Press, 2019). She is also the author of “Female Judges in Malaysian Shari’a Courts: A Problem of Gender or Legal Interpretation?” in Nadia Sonneveld and Monika Lindbekk (eds), Women Judges in Muslim World: A Comparative Study of Discourse and Practice (Brill, 2017) and “Reform of Family Laws: Bridging the Gap Between Legal Doctrine and Family Realities in Malaysian Courts” in Salim Farrar and Paul Subramaniam (eds.), Law and Justice in Malaysia: 2020 and Beyond (Thomson Reuters Asia, 2021) among others.

Nora Abdul Hak, LLB (Hons), LLBs (Shariah), MCL (IIUM), PhD (Glasgow Caledonian University, Scotland, UK) is a Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). Her PhD thesis was on “Family Mediation and Tahkim (arbitration) in Resolving Family Disputes”. She lectures and conducts research on family law, Islamic jurisprudence, alternative dispute resolution, law of probate and succession and Islamic legal system. She has published articles in various refereed law journals and has delivered papers at conferences and seminars in Malaysia as well as in academic institutions overseas. She was a visiting academic at the Sutherland School of Law, University College Dublin, Ireland in 2013. She was also a visiting fellow at the Asian Law Institute of the National University of Singapore in 2005 and a guest lecturer at the Cairo University, Egypt in 2007. She has been involved in a number of research grants funded by the Ministry of Education Malaysia (MOE). In 2014, MOE awarded her the best Fundamental Research Grant Scheme (FRGS) research findings phase 2011.

Azizah Mohd obtained her LLB, LLBs (Shariah), MCL and PhD from the International Islamic University Malaysia (IIUM). At present, she is a Professor at the Islamic law Department, Ahmad Ibrahim Kulliyyah of Laws, IIUM. She was the Coordinator of the IIUM Legal Clinic. She lectures on Islamic jurisprudence and Islamic family law. Her areas of interest are Islamic family law and rights of women and children in Islam. She has presented and published a number of papers in the area of Islamic family law, women and children’s rights and child protection which include the issues of wife and children rights to maintenance, mut’ah, legitimacy, filiation and adoption, breastfeeding and fostering, child marriage and guardianship in marriage. She has also published a book entitled Protection and Adoption of Abandoned Children in Malaysia: A Comparative Overview with the Islamic Law (International Law Book Services, 2009). Among her recent publications are “Minimum Age of Marriage under Islamic Law and the Islamic Family Law (Federal Territories) Act 1984: a Preliminary Study on the Ideal Age of Marriage in Malaysia” (Al- Shajarah, Vol 24 No. 2, 2019), “Filiation and the Protection of Parentless Children (Malaysia)” (2019), “Talaq through Electronic Medium under Islamic and Malaysian Law: The Impact on ‘Iddah and Ruju’” (2020), “Protection of Adopted Children’s Rights to Custody and Maintenance: an Appraisal of the Law Governing Muslims in Malaysia” (The Asian Yearbook of Human Rights and Humanitarian Law, Chapter 8, Vol 4, 2020) and “Kedudukan dan Perlindungan Hak- Hak Wanita dalam Islam Secara Sepintas Lalu” (2021).

Normi Abdul Malek, LLB (Hons), MCL (IIUM), PhD (Glasgow Caledonian University, Scotland, UK), is an Associate Professor in the Department of Islamic Law at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She has taught several subjects including family law for Muslims and non- Muslims, evidence and procedure in the Shariah Court and Malaysian Legal System. Her areas of specialisation are Islamic family law and family law, especially in the area of custody. She has published in various refereed law journals and has presented various papers in Malaysia as well as in academic institutions overseas. Beside this book, she is also a co- author of Family Law (non- Muslims) in Malaysia (IIUM Press, 2012). She has been involved in a number of research grants funded by the Malaysian Ministry of Education (MOE), namely the Fundamental Research Grant Scheme (FRGS) as a principal as well as co- researcher. Her research interests are in the area of sustaining family institution and she has written a Chapter on “Mengekalkan Institusi Kekeluargaan di Malaysia: Perpektif Islam” in Undang- undang Keluarga Islam: Teori, Amalan dan Pelaksanaan (JKSM and AIKOL, 2021) and also co- authored an article entitled “Sustaining Marriage Institution in Malaysia: Lesson Learnt From Quranic Stories” (Al- Shajarah, 2019). She has been involved in the development of Post- Marriage Module (Stress Management through the performance of Ibadah in four stages of Marriage, i.e. Bulan Madu, Sehati Sejiwa, Semarak Kasih and Syurga Cinta) under JAKIM. Currently, she is one of the consultants and speakers for kawenkawen.com and a committee member for the Legal Clinic in IIUM.

Norliah Ibrahim, LLB (Hons) (IIUM), MCL (IIUM), PhD (IIUM) is an Associate Professor in the Department of Islamic Law at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She has taught several subjects including family law for Muslims and non- Muslims as well as evidence and procedure of the Syariah Court. Her areas of specialisation are in Islamic family law and family law, especially in matrimonial property disputes. She has presented various papers at both local and foreign universities and has produced several articles and co- authored few books in the area of family law including Family Law (non- Muslims) in Malaysia (IIUM Press, 2012). She has been actively involved in a number of research grants funded by the Malaysian Ministry of Education (MOE), namely the Fundamental Research Grant Scheme (FRGS), the Exploratory Research Grant Scheme (ERGS) and the Research Acculturation Grant Scheme (RAGS). She has supervised many master and PhD students for their dissertations. Currently, she is one of the panel of advisors for the Legal Aid Services of IIUM which provides legal assistance not only to IIUM community but also to the public as a whole on pro bono basis.

Roslina Che Soh, DPA (ITM), LLB (Hons) (IIUM), MCL (IIUM), PhD (IIUM) is an Associate Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She currently holds the post of Head of Department of Islamic Law and teaches family law at undergraduate and postgraduate levels. Her major research interests are in family law, children’s rights and gender studies. She has presented various papers in universities both locally and abroad and has published several articles and books in the field of family law. Among her articles are “The Cultural and Legal Perspectives of Wife Battering in Malaysia” (Law Review, 2010), “Shared Parenting as an Interpretation of the Best Interest of the Child in Custody Disputes: an Overview of the Practice in Malaysia” (Journal of Applied Sciences Research, 2011) and “Adequacy of Legislation in Protecting the Rights of Muslim Women Against Spousal Violence in Malaysia” (Australian Journal of Basic and Applied Sciences, 2012). She has co- authored three books, namely, Family Law (non- Muslims) in Malaysia (IIUM Press, 2012), Islamic Family Law in Malaysia, 1st edn (Thomson Reuters Asia, 2016) and Law and Practice of Family Law in Malaysia (Thomson Reuters Asia, 2019) respectively. She has been actively involved in a number of research funded by the Malaysian Ministry of Higher Education (MOE) and other ministries, as principal, co- researcher and consultant, i.e., the Fundamental Research Grant Scheme (FRGS), the Exploratory Research Grant Scheme (ERGS) and the Research Acculturation Grant Scheme (RAGS). Currently she is a member of the Technical Committee of Bahagian Sokongan Keluarga (BSK) of the Malaysian Shariah Judiciary (Jabatan Kehakiman Shariah Malaysia).

Noraini Md Hashim, DPA (ITM), LLB (Hons) (IIUM), MCL (IIUM), PhD (IIUM) is an Associate Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She currently teaches family law and family management and parenting for undergraduates. She has held the post of Co- ordinator for AIKOL Post Graduate studies (English language) and Co- ordinator for Islamic Family Law subject for undergraduate. Her major research interests are in family law, children’s rights, women’s rights and gender studies. She has presented various papers in universities both locally and abroad and has published several articles and books in the field of family law. Among the articles written are “Children of Cross- Border Marriage: Rights and Future” (2019); “Socio- Legal Study on Knowledge of Respondents in Malaysia: an Empirical Evidence from the Registration of Cross- Border Marriage” (2016); and “Legal Development in Cross Border Marriages Among Malay Muslims in Malaysia” (2015). She has co- authored two books, namely, Family Law (non- Muslims) in Malaysia (IIUM Press, 2012) and Islamic Family Law in Malaysia, 1st edn (Thomson Reuters Asia, 2016). She has been actively involved in a number of research funded by the Malaysian Ministry of Higher Education (MOE) and other ministries, as principal, co- researcher and consultant, i.e., the Fundamental Research Grant Scheme (FRGS), the Exploratory Research Grant Scheme (ERGS) and the Research Acculturation Grant Scheme (RAGS). Currently she is a member of the Technical Committee of Bahagian Sokongan Keluarga (BSK) of the Malaysian Shariah Judiciary (Jabatan Kehakiman Shariah Malaysia).

Badruddin Ibrahim obtained his LLB (Shariah & Law), LLM (Shariah & Law) from the International Islamic University Islamabad and PhD from the International Islamic University Malaysia (IIUM). He is an Associate Professor at the Ahmad Ibrahim Kulliyyah of Laws, IIUM. He has held various administrative posts, including Academic Advisor, Head of the Department of Islamic Law, Coordinator for the Diploma in Law and Islamic Judiciary, board member of the IIUM Institute of Islamic Banking and Finance (IIiBF), the Deputy Dean of Academic Affairs and Head of International Waqf Research Institute, IIUM. He has experience in teaching Islamic jurisprudence, Islamic legal maxim, siyasah shar’iyyah, Islamic law of transaction and human rights in Islam. His areas of interest are Islamic law of property, Islamic law of trust, Administration of personal wealth, Islamic jurisprudence and Maqasid al-Shari’ah. He has presented and published several academic papers on maintenance rights, gift (hibah), social obligation, will of entrustment and unlawful wealth.
 

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