Children of Cross-Border Marriage: Rights and Future

Noraini Md Hashim,Nora Abdul Hak,Muhamad Helmi Md Said,Roslina Che Soh@ Yusoff

doi:10.6007/ijarbss/v9-i5/5888

Noraini Md Hashim, Nora Abdul Hak + Show 2 more

Open Access

https://doi.org/10.6007/ijarbss/v9-i5/5888

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Abstract

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.

Highlights

Children are the precious assets of the nation
In Malaysia, the Birth and Death Registration Act 1957 (Amendment 1983) together with National Registration Department will furnish matters relating to registration of birth
The court will not have jurisdiction to entertain their case for an order of divorce or an order pertaining to divorce or matrimonial relief until and unless the parties can prove to the Syariah Court that marriage is registered or deemed to be registered under IFLFTA 1984, or the marriage was contracted in accordance with hukum syara’ and whether either of the parties resides in Federal Territories at the time the application made as provided under section 45

Summary

Introduction

Children are the precious assets of the nation. They are the agents of development and need to be protected and fostered. This can be seen where the government of Malaysia had endorsed the Convention on the Rights of the Child (CRC), introduced the Child Act in 2001 and other relevant laws relating to children. In ensuring that the children are protected under the law, the parents initially must ensure that their marriage must be valid by fulfilling the requirement of marriage under hukum syara’, and the requirement and procedures and formalities registration under the Islamic Family Law Act and Enactments of each States. This paper is to highlight the impact of crossborder marriage on the rights and future of children born out of this marriage

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