Zuliza Mohd Kusrin

Talaq (Divorce) Procedure in the Provisions of Muslim Family and Inheritance Law of Patani Province, Southern Thailand

This research discusses the implementation procedure of Muslim marriage dissolution in Patani Province of Southern Thailand, specifically execution of talaq (divorce) in Southern Thailand. In the year 1943, the Muslim Family and Inheritance Law in Thailand in force was repealed, and a newly legislated law could not take effect. Muslim law was re-adopted under a new act passed in the year 1946. This research begins from the implementation of marriage dissolution without a Shariah Court in Southern Thailand. Thus, this research examines the concept of marriage dissolution according to Shariah and analyses its implementation in Patani Province, Southern Thailand. The research methodology is analysis of Thai laws and Shariah relating to marriage dissolution.

Comment conversion and the conflict of laws in respect of spouse rights to inheritance in Malaysia

AbstractConversion of either of non-Muslim spouses to Islam has far-reaching legal consequences in matters of the law of personal status in the Malaysian context. This is due to the existence of two different legal systems governing family matters or matters of personal status. Muslims citizens are governed by Islamic family law, whilst non-Muslim citizens are governed by civil law. The existence of dual legal systems, in the case of conversion of either spouse of any civil marriage, leads to a conflict of interest between both parties, for the marriage has to be dissolved according to civil law and the divorce petition has to be applied by the non-Muslim spouse in the civil court. This article attempts to analyze the conflict of laws caused by such conflicts of interest on matters related to the claims of property after the death of either spouse or their conversion. This article focuses mainly on the issues of inheritance and jointly acquired properties.