scholarly journals DUTY OF PATERNAL FAMILY MEMBERS IN THE MAINTENANCE OF CHILDREN ACCORDING TO SECTION 73(2) OF ISLAMIC FAMILY LAW (SELANGOR) ENACTMENT 2003

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 111-134
Author(s):  
Norazlina Abdul Aziz ◽  
Rozlinda Abdullah ◽  
Irini Ibrahim ◽  
Nurazlina Abdul Raof
Keyword(s):  
Qualitative Method ◽  
Current Practice ◽  
Family Law ◽  
Extended Family ◽  
Family Members ◽  
Structured Interview ◽  
Structured Interviews ◽  
Islamic Family Law ◽  
Missing In Action ◽  
Child Maintenance

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.

scholarly journals AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

scholarly journals 233 Potential Deprivation of Patient Liberty: A Qualitative Study of Current Practice Amongst Geriatricians in a Tertiary Setting

2019 ◽  
Vol 48 (Supplement_3) ◽  
pp. iii17-iii65
Author(s):  
Michelle O'Brien ◽  
Deirdre O'Donnell ◽  
Barbara Clyne
Keyword(s):  
Decision Making ◽  
Perceived Risk ◽  
Current Practice ◽  
Structured Interview ◽  
Structured Interviews ◽  
Healthcare Ethics ◽  
Patient Decision Making ◽  
Acute Setting ◽  
Difficult Decision ◽  
Patient Decision

Abstract Background The Assisted Decision Making (ADM) Act 2015 was introduced to support decision making and maximise a person’s capacity to make decisions but has not yet commenced. Within this context, medical professionals such as geriatricians must adjust from a best interest’s outlook to that of patient autonomy in response to the changing legislation. The aim of this study is to explore current geriatrician’s practice. In scrutinizing current practice, it will be evident as to what, if any, adaptations are required in order to practice in accordance with the new legislation. Methods Ten semi-structured interviews with individual consultant geriatricians were conducted, each lasting approximately 20 minutes on average in one hospital. Each interview was recorded and transcribed verbatim. The interview involved the geriatrician reading a vignette and answering questions as to how they would manage this situation. Following the vignette, the semi-structured interview proceeded covering topics including; patient decision making in the acute setting, deprivation of patient liberty in the acute setting, thoughts on the ADM (Capacity) Act 2015, and elements learned from experiences in other countries. A thematic analysis was conducted. Results Preliminary themes identified from the interviews include; (a) identification, accessibility and availability of medical and legal colleagues in assisting with difficult decision making, (b) need for clear frameworks, guidance and education in relation to laws applying to medical practice, (c) influence of environment, family, perceived risk and delirium on capacity assessment, (d) paternalism versus autonomy. This work is being conducted as part of a master’s in healthcare ethics and law. Conclusion Preliminary results highlight the need for collaborative communication between medics and the legal profession in order to achieve a structured and supportive framework to inform practice considering the new legislation.

scholarly journals TRADISI SIRIT MASYARAKAT LAMPUNG DALAM PERSPEKTIF HUKUM KELUARGA ISLAM

2017 ◽  
Vol 14 (1) ◽  
pp. 110
Author(s):  
Nency Dela Oktora
Keyword(s):  
Qualitative Method ◽  
Family Law ◽  
Customary Law ◽  
Ethnic Communities ◽  
Potential Partner ◽  
Religious Law ◽  
Islamic Family Law ◽  
The Right ◽  
The Impact ◽  
Collection Methods

Marriage is one of the laws that apply to all the creatures of Allah are dead. Sirit is carry off a woman by force, deceit sense, even violence to marry. Problematic is that Sirit is not in accordance with the concept of marriage in Islam is that her marriage was valid if it meets the requirements of marriage is one of the conditions is the willingness between two potential partner, which may mean that that marriage should not be forced to either party. The formulation of the problem are (1) the factors behind the occurrence of Sirit?, (2) How is the operational / implementation and impact Sirit ?, and (3) How Sirit Lampung ethnic communities in the Perspective of Islamic Family Law. Objective: (1) Knowing the factors that cause Sirit in Lampung ethnic society, (2) Explain the operational/ implementation Sirit and the impact Sirit, (3) Analyze Sirit Lampung ethnic society in the perspective of the Islamic Family Law.  Data collection methods used was interviews and documentation. Data analysis method used is qualitative method. Based on the analysisof, it was concluded that the factors that caused the most dominant Sirit is a lack of awareness of self or less of its sturdywalls of faith to comply with religious law and customary law, economic factors, and self-controlfactor(liver). Sirit is done by means of deceit, coercion and even violence and some aresexually abused. Sirit can not be justified because Islam does not teachsuch things, as explained in Firman of Allah and the Hadis is the Hadis is more concerned with the right of a woman to decide a case which is about the marriage of their own. If viewed from the eyes of urf' the tradition Sirit is customary imperfect, that is not in accordance with the texts of Personality 'so that this tradition must be rejected or abandoned. Perkawinan merupakan salah satu sunnatullah yang berlaku untuk semua makhluk Allah SWT yang bernyawa.  Sirit adalah membawa lari perempuan dengan cara paksa, akal tipu daya, bahkan kekerasan untuk dinikahi.  Problematika nya, bahwa sirit tidak sesuai dengan konsep perkawinan dalam Islam menyebutkan sahnya pernikahan jika memenuhi syarat-syarat perkawinan yaitu adanya kerelaan antara dua calon pasangan. Permasalahan yang dibahas yaitu tradisi sirit masyarakat suku Lampung Perspektif Hukum Keluarga Islam. Tujuan (1) Mengetahui faktor-faktor yang menyebabkan terjadinya sirit  masyarakat suku Lampung, (2) Menjelaskan operasional/pelaksanaan sirit dan dampak sirit, (3)Menganalisis  sirit masyarakat suku Lampung dalam perspektif Hukum Keluarga Islam.  Metode pengumpulan data berupa wawancara dan dokumentasi.  Metode analisis data menggunakan metode kualitatif. Berdasarkan hasil analisis disimpulkan Faktor-faktor yang menyebabkan terjadinya sirit yaitu kurangnya kesadaran diri atau kurang kokoh nya tembok keimanan  untuk mentaati hukum agama dan hukum adat, faktor ekonomi, dan faktor pengendalian diri (hati).  Sirit  dilakukan dengan cara tipu daya, paksaan bahkan dengan kekerasan serta ada juga yang mengalami pelecehan seksual.  Sirit tidak dibenarkan dalam Islam, sebagaimana diterangkan dalam Firman Allah SWT dan hadis yaitu dalam hadis lebih mementingkan hak seorang perempuan dalam memutuskan sesuatu yaitu mengenai pernikahan mereka sendiri.  Jika dilihat dari urf’, tradisi sirit merupakan adat yang fasid, tidak sesuai dengan nash-nash syara’ sehingga tradisi ini wajib ditolak atau ditinggalkan.

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
Keyword(s):  
Socioeconomic Status ◽  
Content Analysis ◽  
Financial Support ◽  
Family Law ◽  
Maintenance Rate ◽  
Clear Explanation ◽  
Islamic Family Law ◽  
Depth Interviews ◽  
Child Maintenance

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. 

scholarly journals Understanding the priorities of residents, family members and care staff in residential aged care using Q methodology: a study protocol

BMJ Open ◽  
2019 ◽  
Vol 9 (3) ◽  
pp. e027479 ◽  
Author(s):  
Kristiana Ludlow ◽  
Kate Churruca ◽  
Louise A Ellis ◽  
Virginia Mumford ◽  
Jeffrey Braithwaite
Keyword(s):  
Q Methodology ◽  
Family Members ◽  
Structured Interview ◽  
Aged Care ◽  
Ethics Committee ◽  
Care Staff ◽  
Residential Aged Care ◽  
Think Aloud ◽  
Structured Interviews ◽  
Human Research

IntroductionResidential aged care facilities (RACFs) are under increasing pressure to provide high-quality, round the clock care to consumers. However, they are often understaffed and without adequate skill mix and resources. As a result, staff must prioritise care by level of importance, potentially leading to care that is missed, delayed or omitted. To date, the literature on prioritisation and missed care has been dominated by studies involving nursing staff, thereby failing to take into account the complex networks of diverse stakeholders that RACFs comprise. This study aims to investigate the priorities of residents, family members and care staff in order to make comparisons between how care is prioritised in RACFs by the different stakeholder groups.Methods and analysisThis study comprises a Q sorting activity using Q methodology, a think-aloud task, a demographics questionnaire and semi-structured interview questions. The study will be conducted in five RACFs across NSW and QLD, Australia. Using purposive sampling, the project will recruit up to 33 participants from each of the three participant groups. Data from the Q sorting activity will be analysed using the analytic software PQMethod to identify common factors (shared viewpoints). Data from the think-aloud task and semi-structured interviews questions will be thematically analysed using the Framework Method and NVivo qualitative data analysis software.Ethics and disseminationThe study has been approved by St Vincent’s Health and Aged Care Human Research and Ethics Committee and Macquarie University Human Research Ethics Committee. It is expected that findings from the study will be disseminated: in peer-reviewed journals; as an executive report to participating facilities and a summary sheet to participants; as a thesis to fulfill the requirements of a Doctor of Philosophy; and presented at conferences and seminars.

scholarly journals CONCEPT OF MAQASYID SYARIAH FAMILY SAKINAH IN THE AL-MISBAH TAFSIR BY MUHAMMAD QURAISH SHIHAB

2019 ◽  
Vol 24 (1) ◽  
pp. 165
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Family Law ◽  
Family Members ◽  
Marriage Law ◽  
Mind And Body ◽  
Large Families ◽  
Islamic Family Law ◽  
Fear Of God ◽  
Family Based ◽  
Husband And Wife

The concept of sakinah family according to Muhammad Qurasih Shihab in Tafsir Al-Mishbah there are ten basic constructs, namely: 1). Marriage unites spirituality (mind) and body. 2). Marriage brings calm. 3). Know each other. 4). Love each other. 5). Love each other. 6). Biological channeling. 7). Sourced from all family members. 8). Its function brings together two large families. 9). Sourced from the heart (heart), then radiated outward in the form of activity (husband and wife). 10). Sakinah family strongly supports the effectiveness of worship to God. Ten constructs, the essence of Maqasyid sharia from the concept of the sakinah family according to Muhammad Quraish Shihab in the interpretation of Al-Mishbah is mahabbatullah (love of Allah). Love (mawaddah) is a tree that thrives in the heart. The root is humility to the lover (warahmah), the trunk is the introduction to him, the branch is fear of God and the creature must not let anyone stain it, the leaves are shy to shame and humiliation, the fruit is the unity of the heart that gives birth to cooperation, the flowers are mutually guarding each other's honor and closing the other's shame, the seed is calm (sakinah), while the water that watering it is remembering and mentioning his name. The thinking of Muhammad Quraish Shihab about sakinah family in the interpretation of al-Mishbah in terms of the development of Islamic family law in Indonesia that the concept of sakinah family is very relevant to the Marriage Law, because his concept according to article 1 is to establish a happy and eternal family based on the Godhead The Almighty. Keywords: Concept, Maqasyid Syariah, and Sakinah Family  

scholarly journals Dampak Pemutusan Hubungan Kerja di Masa Pandemi Covid-19 Terhadap Ketahanan Keluarga

2021 ◽  
Vol 4 (1) ◽  
pp. 61
Author(s):  
Nabila Luthvita Rahma ◽  
Anisa Yuniar ◽  
Fatimah Qurrotu A'yun ◽  
Indri Kurniati ◽  
Dania Saferina Ifada
Keyword(s):  
Family Member ◽  
Interpersonal Communication ◽  
Family Law ◽  
Family Members ◽  
Divorce Rate ◽  
Family Resilience ◽  
The Family ◽  
Islamic Family Law ◽  
The Impact

<p><em>The purpose of this study was to determine the impact of termination of employment during the Covid-19 pandemic on family resilience. This study uses a case approach and a law approach with primary legal sources and secondary legal sources in the form of books or legal journals related to the research title. The results of this study indicate that the termination of employment experienced by the head of the family or family member during the Covid-19 pandemic did not significantly affect family resilience, as evidenced by the divorce rate which did not increase significantly and was not caused by termination of employment. As for maintaining family resilience during the Covid-19 pandemic can be done by carrying out the rights and obligations of each family member in accordance with the study of Islamic family law, in addition to maintaining interpersonal communication between family members. </em></p>

scholarly journals Family Conflicts Are Bitter Splits That Hurt: A Qualitative Inquiry Toward Understanding the Impact of Family Issues in Functional Neurological Symptom Disorder

2021 ◽  
Vol 12 ◽  
Author(s):  
Iram Zehra Bokharey ◽  
Urusa Fahim ◽  
Khola Tahir
Keyword(s):  
Neurological Symptom ◽  
Extended Family ◽  
Tertiary Care ◽  
Family Members ◽  
Qualitative Inquiry ◽  
Care Hospital ◽  
Structured Interviews ◽  
Common Diagnosis ◽  
The Impact ◽  
Functional Neurological Symptom Disorder

Functional Neurological Symptom Disorder (FNSD) or Conversion Disorder, is a fairly common diagnosis among mental health patients in Pakistan. Despite its prevalence there's a dearth of research on the phenomenon, particularly on the experience of FNSD. The study was conducted with the aim to ascertain the lived experiences of individuals with Functional Neurological Symptom Disorder (FNSD) around stressful situations in their families in Pakistan. For this purpose, a total sample of 10 participants (Women = 8; Men = 2) were recruited from the psychiatry department of a tertiary care hospital in Lahore, Pakistan. Semi-structured interviews were conducted and analyzed through Interpretative Phenomenological Analysis (IPA). The two main themes revealed in the analyses were quarrels and unexpressed emotions. The sub-themes of quarrels included quarrels with family members, quarrels within family, parental/marital discord, and quarrels with extended family members. The subthemes for unexpressed emotions were hurt, anger, sadness, and jealousy. In conclusion, this study revealed that in Pakistan, stressors related to family serve as significant contributing factors in the development of FNSD.

scholarly journals ADULT CHILDREN MOVING IN WITH PARENTS DURING PANDEMIC COVID 19: A CHALLENGE IN PARENTS LIFE

2020 ◽  
Vol 5 (21) ◽  
pp. 210-219
Author(s):  
Noor ‘Aza Ahmad
Keyword(s):  
Young People ◽  
Adult Children ◽  
Family Law ◽  
Extended Family ◽  
Family Members ◽  
Elderly Parents

Due to the pandemic of coronavirus or Covid 19, those who were working, studying, and building lives on their own before, are affected. Many employees, mostly young people becoming jobless. Now, it is a great deal of these young people or adult children to go back to live with their parents. In other words, these adult children and/or grandchildren have to stay together with their family members, normally with their elderly parents or grandparents or even extended family members. This paper seeks to discuss the obligation and rights of the parties involved as regards Family Law in Malaysia. This paper uses the library study method, in addition, to analyse the provisions related to Family Law matters, and also by looking at reported cases related to the abovementioned matters. Finally, this paper discusses the actions and recommendations of the said parties involved in order to cope with the challenges of staying together during the pandemic of Covid 19.

The Extended Family: Elder Law and the Law of Inheritance

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Member ◽  
Family Life ◽  
Family Law ◽  
Extended Family ◽  
Family Members ◽  
Law School ◽  
Elder Law ◽  
The Family ◽  
The Law ◽  
Law Of Succession

This chapter deals with the complexities of succession, specifically in the ways money is shared with other members of the family. Family members not only earn money from work; some family members also inherit money from dead relatives, or get gifts from living ones. Other members give money away, during their lifetimes, or after death. Parents obviously have to pay for everything their children need, and grown children sometimes support old, sick, and destitute parents. When a family member dies, typically they leave whatever money or assets remain to members of the family. And while books, law school curricula, and legal practice treat family law and the law of succession as entirely different subjects, this chapter deals away with those distinctions in order to reveal how these subjects impact family life and family law.

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