scholarly journals Assessing the Rate of Child Maintenance (Financial Support) from a Shariah Perspective: the Case of Malaysia

2020 ◽  
Vol 58 (2) ◽  
pp. 293-322
Author(s):  
Bahiyah Ahmad ◽  
Raihanah Hj. Azahari ◽  
Asmak Ab Rahman ◽  
Mazni Abdul Wahab

Shariah mandates the criteria of kifāyah and ma’rūf in assessing maintenance for wives and children; however, these criteria currently require assesment and evaluation as maintenance is mostly influenced by society’s practices and by socioeconomic status. Consequently, Malaysia’s Islamic Family Law (Federal Territory) Act 1984 presribes that the maintenance assesment for wives and children must be based on the means (ma’rūf)  and needs (kifāyah) of the parties. However, this provision is too general and there is no clear explanation of what constitutes these criteria for the parties. This provision has troubled some parties as it leaves the determination of the maintenance rate to a judge’s discretion regarding both criteria. This study, with a methodology of content analysis and in-depth interviews, determines an assessment formula for both criteria in assessing child maintenance. Hukum Islam mensyaratkan dua kriteria dalam pemberian nafkah istri dan anak yaitu kifāyah dan ma’rūf. Namun kriteria tersebut saat ini perlu ditinjau dan evaluasi lagi sesuai dengan praktik masyarakat serta keadaan social ekonomi saat ini. Seperti yang terdapat dalam hukum perundangan keluarga Islam Malaysia tahun 1984 yang menyatakan bahwa ma’rūf dan kifāyah menjadi syarat utama pemberian nafkah istri dan anak. Bagaimanapun penjelasan kriteria tersebut masih terlalu umum dan kurang jelas. Hal ini juga menyisakan beberapa persoalan akibat keputusan pengadilan yang mendasarkan pada kedua kriteria tersebut. Dengan menggunakan pendekatan analisis isi dan wawancara mendalam, kajian ini menguatkan penilaian kedua kriteria tersebut. 

Author(s):  
Veeraporn Siddoo ◽  
Noppachai Wongsai

This paper presents the views of four Thai government organizations who had been awarded ISO/IEC 29110 Basic Profile Certification. Team ideas as to the success factors and barriers involved in implementations are explored. In-depth interviews with closed- and open-ended questions were conducted. The data collected was analyzed using qualitative content analysis. The results show two reasons for choosing standard, first, to enhance software development process, and second, because the financial support from the SIPA. The success factors were supportive organizational policy, staff participation, availability of time and resources for the improvement of the software process, consultations with the SIPA and team commitment and recognition. The barrier factors were time constraints, lack of experience, documentation load, unsynchronized means of communication and improper project selection. The findings were based on four diverse organizations. Other countries may take into account the variations e.g. working culture or organizational structure when seeking to apply these results.


2015 ◽  
Vol 21 (4) ◽  
pp. 363-383 ◽  
Author(s):  
Raihanah Abdullah ◽  
Taslima Monsoor ◽  
Fuadah Johari ◽  
Wirdati Mohd Radzi

2021 ◽  
Vol 5 (S4) ◽  
pp. 2102-2111
Author(s):  
Nadia Murshida Abd Azzis

This writing examines the Syariah court’s approach in applying the principle of res judicata and estoppel in family law cases in Syariah. With the existence of the legal provisions, there are still the unclear application of res judicata and the principle of estopple in terms of hearing mal cases especially the matter involved with a monetary claim for example mut’ah cases, child maintenance, and jointly acquired property. Although this principle has been understood by the legal practitioner, the synchronization between the principle of res judicata, estopple, and court procedure is yet to be scrutinized by the Courts. Thus, a qualitative study was carried out along with library research including decided cases in this research. The content analysis method is applied in data analysis. This study indicated that in arriving at a decision, Syariah Court indirectly applied these principles. However, the implementation of these principles should be highlighted to validate the principle of justice in Syariah Courts.


2021 ◽  
Vol 29 ((S1)) ◽  
pp. 111-134
Author(s):  
Norazlina Abdul Aziz ◽  
Rozlinda Abdullah ◽  
Irini Ibrahim ◽  
Nurazlina Abdul Raof

Section 73 of Islamic Family Law (Selangor) Enactment 2003 provides that it is the duty of the paternal family to provide maintenance to the children in the event of the father’s death, missing in action or suffers from any disabilities. However, the efficiency of this provision depends on the understanding and application by the courts and the person who is said to be liable under ‘hukum syarak’. Currently there is not many studies conducted on the efficiency of this provision in solving cases where there is a failure to provide maintenance to children in the circumstances stated above. This study analyses the application of section 73 of Islamic Family Law (Selangor) Enactment 2003 with the aim of looking into the efficiency of this section in solving the issue children’s maintenance. The study adopts a qualitative method that involves doctrinal study, arm-researcher approach and semi-structured interviews. The provision, scope and jurisdiction of section 73 of Islamic Family Law (Selangor) Enactment 2003 is analysed in detail. The semi-structured interview delves into the current practice of the court in the Federal Territories where the views of selected respondents ranging from the judges in the Shariah courts in the Federal Territories, Shariah law practitioner, and academics. This study finds that the existing laws are somewhat insufficient in addressing issues of child maintenance and lack of awareness on the claimant (mother and children) on the responsibility of the extended family. The study proposed some recommendations for some reforms of the current law and practice.


2019 ◽  
Vol 18 (5) ◽  
pp. 1-17
Author(s):  
Maria Fernanda Parra Grajales ◽  
Estefanía Zamora Vásquez ◽  
María Clara Cuevas Jaramillo

In the framework of Colombia’s peace process, we explore the moral disengagement in the attitudes of Colombians from Cali towards the first version of the Peace Accords. To achieve this, we conducted 12 in-depth interviews with emerging adults. Participant characteristics considered in the study include how they voted in the 2016 peace referendum, age, sex, socioeconomic status and educational level. The transcripts were analyzed through a content analysis applying consensual qualitative research (CQR) guidelines and considering the identity markers mentioned above. The results show that most participants’ discourse presented moral disengagement mechanisms. However, the morality in their attitudes is not adequately comprehended by only analyzing traces of moral disengagement. Other moral elements must be considered, especially since morality appears to be an important aspect of the participants’ attitudes towards topics related to the peace accords. Social implications are discussed.


Author(s):  
Thongphon Promsaka Na Sakolnakorn

The objectives of the study are: 1) to study the problems of small and medium-sized enterprises in the northeastern region of Thailand and 2) to analyze the problems of the operation and management of small and medium-sized enterprises in the northeastern region of Thailand. The researcher used a qualitative method with in-depth interviews of 30 entrepreneurs in small and medium-sized enterprises in northeast Thailand. In addition, content analysis was used to analyze this data. The researcher found five problems affecting SMEs in northeast Thailand: 1) public policy and government support, 2) financial support, 3) knowledge capital, 4) labor, and 5) marketing.


Revista Foco ◽  
2018 ◽  
Vol 11 (3) ◽  
pp. 110
Author(s):  
Rafaella Cristina Campos ◽  
Natália Fernandes Fonseca ◽  
Odemir Vieira Baeta

O objetivo é averiguar a correlação dos fatores motivacionais e produtivos no contexto institucional da Polícia Civil. O estudo de caso foi conduzido por entrevistas em profundidade com um Delegado de Polícia, um Investigador de Polícia, e um Escrivão de Polícia. A análise de conteúdo foi utilizada. Conclui-se que há evidente correlação entre o desenvolvimento de artefatos motivacionais, sejam eles de ordem ambiental ou individual, com a produtividade na instituição da Polícia Civil. Destaca-se também, que apesar do controle e avaliação dos índices de produtividade serem predominantemente burocráticos, institucionalizados e legitimados, a ligação que se estabelece com a manifestação dos artefatos motivacionais é subjetiva, relacional e intangível nas normas institucionais. Destaca-se este evento neste artigo, porque como foi visto anteriormente, tanto a natureza do trabalho, quanto o ambiente da Polícia Civil, estão em total desencontro ao desenvolvimento de produtividade e motivação no sentido clássico destas vertentes. The aims is to determine the correlation of the motivational and productive factors in the institutional context of the Civil Police. The case study was conducted by in-depth interviews with a Chief of Police, Police Investigator, and Actuary Police. The content analysis was used for fixed grid. It is concluded that there is clear correlation between the development of motivational artifacts, whether environmental or individual order, with productivity in the civil police institution. Also noteworthy is that despite the control and evaluation of productivity indexes were predominantly bureaucratic, institutionalized and legitimized, the connection that is established with the manifestation of motivational artifacts is subjective, relational and intangible assets in the institutional rules. It highlights this event in this article, because as discussed above, both the nature of the work, as the environment of the Civil Police, are in complete disagreement with the development of productivity and motivation in the classical sense of the aforementioned areas.


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