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The Journal of Legal Pluralism and Unofficial Law | 2016

Impact of globalisation on domestic family law: multi-tiered marriage in Nigeria as a case study

Mohd Kamal Imam-Tamim; Najibah Mohd Zin; Norliah Ibrahim

ABSTRACT The concept of globalisation is commonly discussed as an issue in international law. However, little attention is paid to its influence in domestic family law. As a result of the growing trend of globalisation, legal and cultural norms of the host culture and the foreign culture are fused, thereby, leading to cultural homogenisation or cultural hybridisation, depending on the level of accommodation of the foreign norm by the host norm. One of the areas where hybridisation or homogenisation of cultural and legal norms manifests, especially in African countries including Nigeria, is in the marriage system, particularly in the conclusion of marriage contracts. In Nigeria, one of the impacts of cultural hybridisation is the evolvement of multi-tiered marriage, where a couple combines marriages under the statute law, customary law and religious law, especially Islamic law. This paper is an exploratory study of how globalisation impacts on how and why multi-tiered marriage is contracted in contemporary Nigeria. The paper also briefly discusses how the combination of marriages as a response to globalisation affects the operation of family law rules in Nigeria as well as the rights of the parties involved, especially the women.


Archive | 2016

Analysis on the Legal and Administrative Mechanisms in Curbing Syndicate and Runaway Marriages in Malaysia

Rafeah Saidon; Zaleha Kamarudin; Mahamad Arifin; Norliah Ibrahim; Mohamed Azam Mohamed Adil; Noorul Huda Sahari

Legal and administrative mechanisms are designed to ensure the legality of marriage under both the Shariah and Malaysian laws. The aim is also to preserve the interest of the family and the public. However, there are people who still look other alternatives to be married mainly through syndicate or simply to run away to country’s border. This study attempts to examine the existing legal and administrative systems and to find out their weaknesses in preventing syndicate and runaway marriage for Muslim people in Malaysia. In this research, laws and procedures from four selected states in Malaysia are chosen, i.e., Selangor, Federal Territories, Negeri Sembilan and Kelantan. Data of this research were obtained from library research and semi-structured interviews conducted on several respondents from the related institutions. Law and procedures from the four states were also studied and analysed. The finding of this research shows some significant weaknesses in both legal and administrative aspects that contribute to the country’s alarming syndicate and runaway marriage rate. This research also suggests some recommendations for improvement that could reduce the rate of both illegal marriages.


Archive | 2011

Family law (Non-Muslims) in Malaysia

Norliah Ibrahim; Najibah Mohd Zin; Nora Abdul Hak; Noraini Mohd Hashim; Normi Abdul Malek; Azizah Mohd; Mohd Hisham Mohd Kamal


Archive | 2007

Masalah tuntutan harta sepencarian

Norliah Ibrahim


Archive | 2012

Adequacy of legislation in protecting the rights of muslim women against spousal violence in Malaysia

Nora Abdul Hak; Norliah Ibrahim


SEJARAH | 2007

Division of matrimonial property in Malaysia: the legal historical perspective

Norliah Ibrahim; Nora Abdul Hak


Archive | 2007

The right of wife to apply for the division of matrimonial property on dissolution of marriage: the Malaysian perspective

Norliah Ibrahim


Archive | 2007

An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable?

Norliah Ibrahim


IEL Family and Succession Law | 2018

Part III. Matrimonial Property Law

Zaleha Kamaruddin; Mohammad Naqib Ishan Jan; Akmal Hidayah Halim; Azizah Mohd; Norliah Ibrahim


Archive | 2017

Efforts to save savable marriage through reconciliation process under family law in Malaysia: Issues and challenges

Noraini Hashim; Nora Abdul Hak; Norliah Ibrahim; Nur Ezan Rahmat; Sarafuddin Abdul Syahid Sowell

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Nora Abdul Hak

International Islamic University Malaysia

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Zuhairah Ariff Abd Ghadas

International Islamic University Malaysia

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Azizah Mohd

International Islamic University Malaysia

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Mahamad Arifin

International Islamic University Malaysia

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Rafeah Saidon

Universiti Teknologi MARA

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Najibah Mohd Zin

International Islamic University Malaysia

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Normi Abdul Malek

International Islamic University Malaysia

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Zaleha Kamaruddin

International Islamic University Malaysia

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Akmal Hidayah Halim

International Islamic University Malaysia

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