ASSESSING THE WORKING DRAFT OF THE HAGUE CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE: MALAYSIAN SHARiIAH PERSPECTIVE

This article examines some of the key provisions in the Working Draft of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance from the Shariah perspective and appraises the current practice of the Shariah Courts in Malaysia in the light of them. Part One of this article provides an overview on the Malaysian legal system as a backdrop to Part Two which is an analysis on the extent of application and implications of Articles 1, 2, 3 and 15 of the said Convention from the Shariah perspective. The objective is to highlight problems and to suggest improvements and modifications to reflect international compromise