Published on June 8, 2020
1. AMALIA SULAIMAN UKM LAW SCHOOL 2020 1st March 1982- LAW REFORM (MARRIAGE AND DIVORCE) IS ENFORCED WEEK 1 | FAMILY 1. What is family? [General definition] • Husband, wife, children • All blood relations • Live in the same household including servants and relatives with some person persons directing this economic and social unit 2. Social Science Definition MacIver: Family is defined by a sex relationship to procreate Clare: Family is a relationship existing between parents and children Elliot & Merril: Family is a social unit consist of husband, wife and children 3. Criticism [Questions Arise] • What if there are no children? • What about non-blood? Are they considered as not a part of the family? • What if some of the family members living apart in a different household? 4. Commentary Family is not always blood. It is the people in your life who wants you in their lives, the one who accepts you for who you are. 5. Types of family TRADITIONAL MODERN Nuclear Family: a couple and their dependent children, regarded as a basic social unit. Eg: The Duke and Duchess of Cambridge Unmarried family: a couple cohabit together with their children without tying the knot. Eg: Angeline Jolie and Brad Pitt
2. AMALIA SULAIMAN UKM LAW SCHOOL 2020 Extended family: a family which extends beyond the nuclear family to include grandparents and other relatives. Eg: the late Karpal Singh’s family Blended family: a blended family is one where the parents have children from previous relationships but all the members come together as one unit. Eg: The Kardashian-Jenner before Caitlyn’s transition Power for court to make order for custody 88. (1) The court may at any time by order place a child in the custody of his or her father or his or her mother or, where there are exceptional circumstances making it undesirable that the child be entrusted to either parent, of any other relative of the child or of any association the objects of which include child welfare or to any other suitable person. (2) In deciding in whose custody a child should be placed the paramount consideration shall be the welfare of the child and subject to this the court shall have regard— (a) to the wishes of the parents of the child; and (b) to the wishes of the child, where he or she is of an age to express an independent opinion. (3) There shall be a rebuttable presumption that it is for the good of a child below the age of seven years to be with his or her mother but in deciding whether that presumption applies to the facts of
3. AMALIA SULAIMAN UKM LAW SCHOOL 2020 any particular case, the court shall have regard to the undesirability of disturbing the life of a child by changes of custody. (4) Where there are two or more children of a marriage, the court shall not be bound to place both or all in the custody of the same person but shall consider the welfare of each independently. Amendments made under the Act Conversion: Section 3 (3)- one of the parties who has converted to Islam now can file for a divorce. Section 51- both parties can file for divorce on the ground of conversion. Section 51A- One of the married couples converted to Islam and not yet being dissolved under the civil law (if the Islam one died); the division of assets will follow the civil law and not the Syariah law. [berlaku adil kepada non converting party] Consent for marriage: Section 12 (1)- the power of consent for marriage has been given to both mother and father.