This book makes available cases and materials on the Act to assist in its study and application. It provides insightful commentary on the provisions of the Act. Reference is made to related legislation which impact on the functioning of family law as it applies to non-Muslims in Malaysia. A vast body of case law both local and foreign, principally from England and Singapore, has been surveyed to prepare helpful summaries of the cases which shed light on the application of statutory provisions. The commentary also considers and provides views on issues and difficulties which have arisen in the application of the Act. 

KEY FEATURES:

• Provides insightful commentary on the Act
• Contains new case law 2013 - 2017
• Considers the Law Reform (Marriage and Divorce) (Amendment) Act 2017
• Provides updated provisions arising from the 2017 Amendment Act in a separate Appendix
• Delivered exclusively on ProView: Comparison of key features of the Act against corresponding provisions in the law of Singapore, England and Hong Kong. This will be enhanced and expanded with more content within 3 months of publication

• Contains practical notes and procedures on family law practice in Malaysia, with commentary on statutory provisions, case law and court forms
• Discusses difficult topics often misinterpreted in current family law practice, with critical commentary on conflicting areas, including the procedures which are often overlooked in practice
• Provides generally applicable templates of the court forms that are required to be filed in family law litigation
• Template court forms are provided in Bahasa Melayu which is the language used for the filing of documents in court in West Malaysia
• Explanatory notes on the usage of the templates are available in English
• Supported by procedural tables which provide step-by-step guidance on procedures for different applications together with the applicable timelines

 

 

KEY FEATURES:

• Provides insightful rule-by-rule commentary on the DMPR 1980
• Provides helpful section-by-section commentary on the MWCEMA
• Contains updated and current discussion of the law up to March 2020
• Complemented with Appendices covering the methods and procedure for the enforcement of maintenance; comparison of the enforcement of maintenance in Peninsular Malaysia, Sabah and Sarawak; and the problems in enforcement of maintenance for non-Muslims
• Authored by an experienced professor of family law, who had successfully published several family law books in the past, the latest being the second edition of the Law Reform (Marriage and Divorce) Act 1976: Commentary and Cases 

This is a complete and up-to-date textbook on Islamic family law in Malaysia. The topics are carefully surveyed and the discussion is adequately supported by legal sources and religious authorities. The views and practices of the different schools of thought are considered to ensure a comprehensive treatment of the issues that arise. 

The second edition of this book updates the application of Islamic family law in the Syariah Courts as well as expounds on new amendments to the existing Islamic family law statutes applicable in Malaysia. The book consists of 17 chapters addressing selected major issues pertaining to Islamic family law matters, namely betrothal, requirements of a valid marriage and its registration, mahr, polygamy, reconciliatory committee and hakam, types and methods of divorce, 'iddah and ruju', maintenance and its enforcement, as well as ancillary matters such as mut'ah, distribution of matrimonial assets, legitimacy of children, adoption and custody of children.

Besides serving as a valuable guide to law practitioners, this book should prove to be a useful textbook in English for law students.

KEY FEATURES

• Written by a team of experienced Islamic family law lecturers from the International Islamic University Malaysia.
• Incorporates the latest amendments to applicable legislation and the rulings contained in all major cases.
• Introduces two new Chapters, i.e. Conciliatory Committee (JKP) and Hakam (Arbitrator) under the Islamic Family Law Act/Enactment and Period of ‘Iddah (‘Iddah) and Resumption of Conjugal Relation (Ruju’).
• Includes comparative analysis with the law of other countries which practise Shariah law where relevant.
• Discussion is supported by the guidance of Islamic scholars. 

 

In the breakdown of a marriage, one of the most important considerations for divorcing parties (alongside the custody and care of children of the marriage) is the division of matrimonial assets.

Malaysian Law on Division of Matrimonial Assets (Second Edition) is a comprehensive text covering all the principles which govern the judicial division of matrimonial assets incidental to a court decree of divorce or judicial separation. The main provisions of the Law Reform (Marriage and Divorce) Act 1976 (“LRA 1976”) and its accompanying rules, the Divorce and Matrimonial Proceedings Rules 1980 that govern this area of law in relation to non-Muslims are analysed and explained in great depth and detail. The law applicable to Muslims and the application of native customary laws are also covered.

To elucidate the application of the law in various factual scenarios, copious court decisions – selected from Malaysia and countries with similar laws, such as the UK, Singapore and Australia – are thoroughly reviewed, to provide a good grasp of the different considerations in ascertaining how matrimonial assets should be divided. Important issues such as what constitutes matrimonial assets, the duty to make full disclosure, and the relationship between the law on division of matrimonial assets and other laws such as contract, trust, and succession laws are given due focus.

This second edition has been updated with two new chapters: Chapter 15 covers the nexus test for determining whether an asset is to be regarded as matrimonial property and the division of such properties, which was introduced in Yap Yen Piow v Hee Wee Eng. Chapter 16 surveys the Law Reform (Marriage and Divorce) (Amendment) Act 2017, and its impact on section 76 of the LRA 1976 for the purposes of division of matrimonial assets.

Family law practitioners will welcome the treatment given to practical matters such as the procedure for making an application for property division, the types of orders that a court may issue, and the means available to resist attempts to defeat any potential claim for division of matrimonial assets, as well as the methods of enforcement when there is non-compliance with a division order.

Key Developments Covered in this Edition

• Chapter 6 provides discussion on key authorities such as Hong Leong Finance Bhd v Low Thiam Hoe (2016) (leave for amendment of pleadings), Liew Chong Yee v Chai Yem You (2020) (amendments of pleadings after close of pleadings and commencement of trial), Ng Yuet Mooi v Leong Yee Heim (2018) (the time to make applications for orders for ancillary relief) and Ng Boon Chwee v Yan Shuwei (2018) (rescission of decree nisi).
• Chapter 8 discusses fragmentation of ownership (Tan Su Lin v Andrew Lim (2018)).
• The Nexus Test in Yap Yen Piow v Hee Wee Eng (2017) is discussed extensively, including a review of its application in recent cases like Wong Chong Kiew v Lee Hock Seng (2019), Poonageswari a/p P Krishnan v Bailand a/l Govindanam (2019) and Wong Chong Kiew v Lee Hock Seng (2019).
• The workings of the Law Reform (Marriage and Divorce) (Amendment) Act 2017 are explored in detail in cases such as Kamalahasan a/l Singaram v Portia Ceri Poorans (2019), Shilashshree Shirely Gomez v Raymond Shilendran a/l Simon (2019), Theynarasi a/p Selambaram v Periasamy a/l Chinnappan (2019).
   

This book makes available cases and materials on the Act to assist in its study and application. It provides insightful commentary on the provisions of the Act. Reference is made to related legislation which impact on the functioning of family law as it applies to non-Muslims in Malaysia. A vast body of case law both local and foreign, principally from England and Singapore, has been surveyed to prepare helpful summaries of the cases which shed light on the application of statutory provisions. The commentary also considers and provides views on issues and difficulties which have arisen in the application of the Act. 

KEY FEATURES:

• Provides insightful commentary on the Act
• Contains new case law 2013 - 2017
• Considers the Law Reform (Marriage and Divorce) (Amendment) Act 2017
• Provides updated provisions arising from the 2017 Amendment Act in a separate Appendix
• Delivered exclusively on ProView: Comparison of key features of the Act against corresponding provisions in the law of Singapore, England and Hong Kong. This will be enhanced and expanded with more content within 3 months of publication

• Contains practical notes and procedures on family law practice in Malaysia, with commentary on statutory provisions, case law and court forms
• Discusses difficult topics often misinterpreted in current family law practice, with critical commentary on conflicting areas, including the procedures which are often overlooked in practice
• Provides generally applicable templates of the court forms that are required to be filed in family law litigation
• Template court forms are provided in Bahasa Melayu which is the language used for the filing of documents in court in West Malaysia
• Explanatory notes on the usage of the templates are available in English
• Supported by procedural tables which provide step-by-step guidance on procedures for different applications together with the applicable timelines

 

 

KEY FEATURES:

• Provides insightful rule-by-rule commentary on the DMPR 1980
• Provides helpful section-by-section commentary on the MWCEMA
• Contains updated and current discussion of the law up to March 2020
• Complemented with Appendices covering the methods and procedure for the enforcement of maintenance; comparison of the enforcement of maintenance in Peninsular Malaysia, Sabah and Sarawak; and the problems in enforcement of maintenance for non-Muslims
• Authored by an experienced professor of family law, who had successfully published several family law books in the past, the latest being the second edition of the Law Reform (Marriage and Divorce) Act 1976: Commentary and Cases 

In the breakdown of a marriage, one of the most important considerations for divorcing parties (alongside the custody and care of children of the marriage) is the division of matrimonial assets.

Malaysian Law on Division of Matrimonial Assets (Second Edition) is a comprehensive text covering all the principles which govern the judicial division of matrimonial assets incidental to a court decree of divorce or judicial separation. The main provisions of the Law Reform (Marriage and Divorce) Act 1976 (“LRA 1976”) and its accompanying rules, the Divorce and Matrimonial Proceedings Rules 1980 that govern this area of law in relation to non-Muslims are analysed and explained in great depth and detail. The law applicable to Muslims and the application of native customary laws are also covered.

To elucidate the application of the law in various factual scenarios, copious court decisions – selected from Malaysia and countries with similar laws, such as the UK, Singapore and Australia – are thoroughly reviewed, to provide a good grasp of the different considerations in ascertaining how matrimonial assets should be divided. Important issues such as what constitutes matrimonial assets, the duty to make full disclosure, and the relationship between the law on division of matrimonial assets and other laws such as contract, trust, and succession laws are given due focus.

This second edition has been updated with two new chapters: Chapter 15 covers the nexus test for determining whether an asset is to be regarded as matrimonial property and the division of such properties, which was introduced in Yap Yen Piow v Hee Wee Eng. Chapter 16 surveys the Law Reform (Marriage and Divorce) (Amendment) Act 2017, and its impact on section 76 of the LRA 1976 for the purposes of division of matrimonial assets.

Family law practitioners will welcome the treatment given to practical matters such as the procedure for making an application for property division, the types of orders that a court may issue, and the means available to resist attempts to defeat any potential claim for division of matrimonial assets, as well as the methods of enforcement when there is non-compliance with a division order.

Key Developments Covered in this Edition

• Chapter 6 provides discussion on key authorities such as Hong Leong Finance Bhd v Low Thiam Hoe (2016) (leave for amendment of pleadings), Liew Chong Yee v Chai Yem You (2020) (amendments of pleadings after close of pleadings and commencement of trial), Ng Yuet Mooi v Leong Yee Heim (2018) (the time to make applications for orders for ancillary relief) and Ng Boon Chwee v Yan Shuwei (2018) (rescission of decree nisi).
• Chapter 8 discusses fragmentation of ownership (Tan Su Lin v Andrew Lim (2018)).
• The Nexus Test in Yap Yen Piow v Hee Wee Eng (2017) is discussed extensively, including a review of its application in recent cases like Wong Chong Kiew v Lee Hock Seng (2019), Poonageswari a/p P Krishnan v Bailand a/l Govindanam (2019) and Wong Chong Kiew v Lee Hock Seng (2019).
• The workings of the Law Reform (Marriage and Divorce) (Amendment) Act 2017 are explored in detail in cases such as Kamalahasan a/l Singaram v Portia Ceri Poorans (2019), Shilashshree Shirely Gomez v Raymond Shilendran a/l Simon (2019), Theynarasi a/p Selambaram v Periasamy a/l Chinnappan (2019).
   

This essential title has long been the most comprehensive examination of all the rules in primary and secondary legislation relating to children’s hearings in Scotland. The book is a step-by-step procedural guide to the entire system, from the bringing of the child to an initial hearing, through procedure at the hearing itself, to potential outcomes and appeals. Our expert author, Professor Norrie, deals in detail with the mechanisms for challenging grounds of referral before the Sheriff Court, Sheriff Appeal Court and the Court of Session. The combination of extensive coverage and academic insight alongside practical guidance on recognised situations ensures that this is the complete resource for legal practitioners, local authorities, children’s reporters and panel members.

Cretney and Probert’s Family Law provides a clear and detailed account of this core area of law. As part of the Textbook Series, the work sets out a clear framework and seeks to explain the intricacies of the law as clearly as possible, without sacrificing the detail that is required for a proper understanding of the subject. Provides students with guidance on all the major themes and principles of family law Sets issues in their social and historical context showing students how the law has developed and its modern social significance Includes discussion of key debates and policy developments Mirrors the structure of a traditional family law course for ease of use during studies Uses cases, references and explanatory narrative to support the text New to the 11th Edition: Key legislative changes include the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, the Divorce, Dissolution and Separation Act 2020, the Domestic Abuse Act 2021, and the Marriage and Civil Partnership (Minimum Age) Act 2022. A new chapter on Cohabitation.

Cretney and Probert’s Family Law provides a clear and detailed account of this core area of law. As part of the Textbook Series, the work sets out a clear framework and seeks to explain the intricacies of the law as clearly as possible, without sacrificing the detail that is required for a proper understanding of the subject. Provides students with guidance on all the major themes and principles of family law Sets issues in their social and historical context showing students how the law has developed and its modern social significance Includes discussion of key debates and policy developments Mirrors the structure of a traditional family law course for ease of use during studies Uses cases, references and explanatory narrative to support the text New to the 11th Edition: Key legislative changes include the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, the Divorce, Dissolution and Separation Act 2020, the Domestic Abuse Act 2021, and the Marriage and Civil Partnership (Minimum Age) Act 2022. A new chapter on Cohabitation.

This essential title has long been the most comprehensive examination of all the rules in primary and secondary legislation relating to children’s hearings in Scotland. The book is a step-by-step procedural guide to the entire system, from the bringing of the child to an initial hearing, through procedure at the hearing itself, to potential outcomes and appeals. Our expert author, Professor Norrie, deals in detail with the mechanisms for challenging grounds of referral before the Sheriff Court, Sheriff Appeal Court and the Court of Session. The combination of extensive coverage and academic insight alongside practical guidance on recognised situations ensures that this is the complete resource for legal practitioners, local authorities, children’s reporters and panel members.

This essential title has long been the most comprehensive examination of all the rules in primary and secondary legislation relating to children’s hearings in Scotland. The book is a step-by-step procedural guide to the entire system, from the bringing of the child to an initial hearing, through procedure at the hearing itself, to potential outcomes and appeals. Our expert author, Professor Norrie, deals in detail with the mechanisms for challenging grounds of referral before the Sheriff Court, Sheriff Appeal Court and the Court of Session. The combination of extensive coverage and academic insight alongside practical guidance on recognised situations ensures that this is the complete resource for legal practitioners, local authorities, children’s reporters and panel members.

Cretney and Probert’s Family Law provides a clear and detailed account of this core area of law. As part of the Textbook Series, the work sets out a clear framework and seeks to explain the intricacies of the law as clearly as possible, without sacrificing the detail that is required for a proper understanding of the subject. Provides students with guidance on all the major themes and principles of family law Sets issues in their social and historical context showing students how the law has developed and its modern social significance Includes discussion of key debates and policy developments Mirrors the structure of a traditional family law course for ease of use during studies Uses cases, references and explanatory narrative to support the text New to the 11th Edition: Key legislative changes include the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, the Divorce, Dissolution and Separation Act 2020, the Domestic Abuse Act 2021, and the Marriage and Civil Partnership (Minimum Age) Act 2022. A new chapter on Cohabitation.