Child Custody after Divorce Laws in Malaysia: Muslim Parents and Children Perspective

Abstract

Child custody after divorce laws in Malaysia advocates sole custody as the main practice. Sole custody means the child will live with a parent and have contact with the other parent through access. The parent living with the child will also have parental responsibility. Social studies have suggested that sole custody generates problems that affect the best interests of the child. Some problems are lack of contact and the child being deprived of maintenance. Other countries have undergone legal reforms to better the situation through joint custody. Joint custody advocates sharing the child's residence and parental responsibility. Therefore, this article examines the experiences the selected Muslim parents and children faced regarding child custody. The experiences concern the legal process of divorce, child custody, the residence of the child and access, parental responsibility, and parental relationships. An important finding is the general recognition of joint custody by the Shari'ah courts, the parents, and the children. However, the recognition must be in line with the best interests of the child.