RIGHTS OF PARENTS TO MAINTENANCE UNDER SHARIAH LAW IN MALAYSIA

by: MUHAMMAD NOR BIN ABDURRAHIM, AMILIA BINTI SAIDIN, MOHAMED ISHAK ABDUL HAMID

ABSTRACT

Islam demands children to provide for their parents’ maintenance and sustenance in their old age as exhorted by the Al-Quran and As-Sunnah. There have been several reported cases of children neglecting to maintain their parents’ needs for sustainance in their twilight years. Studies have gathered significant evidence on this state of affairs and the factors which contributed to this problem. There is no specific legislation that provides for rights of maintenance to Muslim parents, however, there are existing laws that could be invoked to support the claims to such rights. This paper looks at the rights of parents to maintenance under Shariah law and Malaysian law perspectives; factors that contribute to children neglecting their filial duty to maintain their parents and whether the current legal framework provides for the rights of Muslim parents to maintenance. The study applies library research and adopts a comparative method by analyzing laws from other jurisdictions, viz, Jordan, Kuwait, Algeria, Singapore and India. The article suggests a much needed reform to be undertaken by the authority to safeguard the rights of parents to maintenance in Malaysia.

Keywords: rights, parents, children, maintenance, Islamic Family Law

Introduction

The family as an institution consists of parents and children. A loving and harmonious family bond between parents and children will bring peace and tranquility not only to the individual but also to society and nation. The breakdown of the family institution due to breach or neglect of the rights and duties of either the parents or children will impact the process of civil communities and nation-building. Among the rights recognized under Islamic law that are conferred to the Muslim parents include the right to maintenance. Maintenance or nafaqah in Arabic has been defined as whatever spent by a person on his dependent and on those for whom he is legally responsible to sustain and the spending is made of things which are beneficial and good.[1] Maintenance comes from ones’ money and property and it includes nourishment, shelter and clothing.[2] Although these rights have been clearly highlighted by Shariah and the Islamic jurists, children are still neglecting this religious obligation.

Rights of Parents

Parents are held in reverence in Islam. This can be evident from various authorities from the divine sources. Injunctions from Al-Quran and As-Sunnah show that parents have their right to be treated with kindness and equity by the children. Allah has revealed in the Al-Quran:

“And your Lord has ordained that you worship none but Him, and that you be good to [your] parents; should one or both attain to old age in your life, never say to them ‘fie’ or any word that implies your weariness of them, nor chide them, but [always] speak to them respectfully. And extend to them a wing of humbleness out of compassion, and say: My Lord, bestow Your grace upon them, as they raised me and cherished me when I was little. Your Lord knows best what is in your hearts; if you are righteous [He will forgive you your errors]; surely, He is All-forgiving to those who turn to Him again [in true repentance].”[3]

The verse above shows that the duty to be good to one’s parents is among the highest decree next to faith to Allah. Therefore, whatever rights and duties due to the parents, are next to the rights and duties due to Allah. This commandment is not a mere reminder, but it serves as a basis of rights of the parents upon the children.[4] The obligation is commanded in another verse:

“And We have enjoined upon the human being [goodness] towards his [/her] parents; his [/her] mother bore him [/her] through strain over strain, and [devoted her time to the baby until] his weaning [going beyond full dependence on the mother that] may take two years; [hence O human being] be grateful towards Me and towards your parents, [and remember that] with Me is all journeys end. Yet should they pressure you to make you associate with Me what you do not know [or what your mind can not accept as divine], obey them not; but [even then] keep their company in this world’s life with kindness, and follow the path of those who turn towards Me. In the end, unto Me you shall return and thereupon I shall make you [truly] understand all that you were doing [in your previous life]”[5]

Thus, it is clear that when a child becomes an adult, he or she is expected to provide materials and moral supports towards his parents.[6] The duty also symbolizes the gratitude for all their sacrifices and struggles in nurturing the child. As the parents had brought up their children at the cost of their own comforts and pleasures; provide them with the nourishment and clothing for their sustenance; comfort the child whenever they need them; strive for the child’s materials’ needs, viz, educational, psychological and spiritual necessities. Nevertheless, these are only few of unlimited reasons to demand appreciation and gratefulness to one’s parents.

Prophet Muhammad (s.a.w.) has also emphasized on the children’s duty to care and respect their parents. In a hadith narrated from Abu Hurairah, the Prophet said:

“May his nose be rubbed in the dust, may his nose be rubbed in the dust, may his nose be rubbed in the dust.” It was said: ‘Who, O Messenger of Allah?’ He said: “The one whose parents, one or both of them, reach old age during his lifetime and he does not enter Paradise.”[7]

In other instances, the Prophet had warned his followers on the severity of disrespecting or disobeying the parents where it is regarded as one of the major sins next to associating Allah with others in faith. It has been reported that the Prophet:

“Shall I not narrate to you about the worst of the major sins?” They said: ‘Of course O Messenger of Allah’ He said: “Associating others with Allah and disobeying the parents.”[8]

The responsibility to treat parents with kindness is extended even if they are non-believers. The only qualification imposed on a Muslim child is when the parents strive for the child to associate the Oneness of Allah; the child should not obey; but it is not a reason for him to deal with the parents with cruelty and rudeness. This is clearly commanded by Allah in various verses such as:

“And We have enjoined on man goodness to his parents, and if they contend with you that you should associate [others] with Me, of which you have no knowledge, do not obey them, to Me is your return, so I will inform you of what you did.”[9]

“And when We made a covenant with the children of Israel: You shall not serve any but Allah and [you shall do] good to [your] parents…”[10]

“And serve Allah and do not associate anything with Him and be good to the parents…”[11]

“Say: Come I will recite what your Lord has forbidden to you, [remember] that you do not associate anything with Him and show kindness to your parents…”[12]

In an authentic hadith of the Prophet, Asma’ binti Abu Bakr narrated: My mother, while she was a polytheist during the treaty of Quraish, came to me, I asked: O Messenger of Allah! My mother has come to me while she is ill-disposed (to Islam). Should I show her respect? “Yes” He replied: “Show respect to her”.[13]

Rights to Maintenance

Islam imposes upon every child a duty to provide maintenance to their parents. This duty has been clearly expressed when Allah says:

“They ask you as to what they should spend. Say: Whatever wealth you spend, it is for the parents and the near of kin and the orphans and the needy and the wayfarer, and whatever good you do, Allah surely knows it.”[14]

This verse was revealed on a question raised by ‘Amru Ibn Jamuh where he asked the Prophet on how and what should he spend in charity.[15] And the answer given through the verse is very clear that the priority should be given to the parents before others.

According to Al-Qurtubi, based on this verse, a man with means must give priority in spending on voluntary charity for his needy parents until their standard of living achieved at par with the standing of the man in respect of food, clothing and other such things.[16] In another verse Allah has commanded:

“And give to the near of kin his due and (to) the needy and the wayfarer and do not squander wastefully.”[17]

According to At-Tabari, the term “za al-qurba” in the verse refers to the immediate kin and they are the parents, who have been ordained by Allah to be obeyed and treated with courtesy.[18]

The duty of children to maintain parents can also be seen in the hadith narrated from Amr bin Shuaib from his father that his grandfather said: A man came to the Prophet and said: My father is taking all my wealth. He said: “You and your wealth belong to your father”. And the Prophet said: “Your children are among the best of your earnings, so eat from your wealth”[19] From this hadith, it is clear that parents are allowed to take a portion of their children’s property to maintain themselves or as much as what is a necessity for them.[20]

In another hadith reported by An-Nasa’i, it was narrated by Tariq Al-Muharibi that when he came to al-Madinah, the Messenger of Allah was standing on the Minbar addressing the people and said: “The hand which gives is the upper hand. Start with those for whom you are responsible; your mother, your father, your sister, your brother, then the next closest and the next closest.”[21]

The Prophet has also indicated that a father is not barred from taking what is necessary to fulfill his needs from the children as what has been narrated by Al-Hakam, from Umarah bin Umair, from his mother, from Aishah that the Prophet said: “A man’s son is part of his earning, among the purest of his earnings, so you may take from their wealth.”[22]

Besides the injunctions in divine revelations, the Islamic jurists have been unanimously agreed that the children are responsible to maintain their destitute parents who have no belongings or any means of support; and the maintenance shall come from the property of the children.[23] However, the jurists have ruled that the duty to maintain shall depend on several conditions and exceptions, related to the situation and capability of the children, with the principal consideration that parents shall be treated with equity and kindness remain unchanged.

Jurists have ruled that maintenance shall be due to parents when they are in need for it from the children.[24] However, it is not required that the parents must be unable to work as the parents are not forced to work and earn their living while the children can maintain them.[25] It is even emphasized that if a child is rich, whether young or adult, he is duty bound to maintain the parents, irrespective of their ability to work or not.[26] If the child is not really fortunate, but has means of employment and earning, he is obliged to take the parents to live with him and spend on them accordingly or to the extent that the needs of his family and the parents are adequately satisfied.[27]

Howeve, in a situation where the parents have many children the priority to spend or to maintain shall fall on those who are closest to the parents regardless of whether he is one of the inheritor or not. But if there is more than one child of the same social status, they shall bear the responsibility of maintaining the parents equally together.[28]

It is clear that according to Shariah, the duty to maintain parents is not a mere religious decree yet it is also a legal obligation that is imposed on the children. Failure to discharge this duty will amount to a liability that can be taken to a court of law and can be claimed by the parents.[29]

Non-Maintenance of Parents

According to the data collected by the Ministry of Women, Family and Community Development, there are approximately 636,461 elderly parents being denied their maintenance by their children. This is based on the survey conducted by the Ministry’s agency and other governmental departments in 2004 and 2010.[30] Table 1 below shows the percentage:

Table 1: Percentage of Parents who receive No Financial Assistance from their children who live apart

Area

Percentage

Peninsular Malaysia

26.0

Sabah

28.2

Sarawak

32.8

This state of affairs is unacceptable, considering that the percentage of no financial assistance made to parents represent 28% of the total ageing parents in Malaysia. The issue is further aggravated by the fact that the maintenance or financial assistance to parents is being neglected by the children who live apart from the parents.[31] It raises questions as to why Muslim society who are guided by Al-Quran and As-Sunnah could frivolously perceive the obligation and responsibility of filial duty in Malaysia.

Among the factors that have been identified as contributing to the issue include the children’s financial constraint and family conflict between parents and children.[32] The children cannot maintain the parents as they have to bear the high expenditure in maintaining their immediate families. As a result, parents’ maintenance is neglected. Besides, it is revealed that the existing domestic conflict and bitter relationship between the children and the parents contribute to the neglect of parents’ maintenance by the children.[33]

Legal Framework of Maintenance for Parents

The Judiciary of Malaysia comprises of a parallel dual legal system, ie, the Civil legal system and Syariah legal system. The States’ legislation and the Syariah courts have jurisdiction over any matter pertaining to Islamic law and concerning persons professing the religion of Islam. This includes Islamic law relating to maintenance.[34]

Currently, there is no specific legislation, either at federal or state level, dealing with the issue of maintenance for Muslim parents. However, it can be suggested that the rights of Muslim parents to claim for maintenance is provided in Malaysia. As compared to non-Muslim parents, this right is embodied in the States’ legislation on Islamic family laws.

Most of the Islamic Family Law legislation provide the power to the Syariah court to order for payment of maintenance of certain people by another. However, these provisions do not exclusively indicate the beneficiaries are meant for Muslim parents or highlight the duty to maintain rests on the children. For instance, section 60 of the Islamic Family Law (Federal Territory) Act 1984 provides that:

The Court may order any person liable thereto according to Hukum Syarak, to pay maintenance to another person where he is incapacitated, wholly or partially, from earning a livelihood by reason of mental or physical injury or ill-health and the Court is satisfied that having regard to the means of the first-mentioned person it is reasonable so to order.[35]

From the said provision, it could be implied that the right of parents to claim for maintenance from the children is provided by the law. This is due to the fact that parents are considered as parties entitled to maintenance, according to Hukum Syarak as discussed before. However, the flaw in the law is obvious where one can question the definition of the term ‘person’ used in the provision. Neither the provision nor the States’ Islamic Family Law in general provides for specific interpretations of the term ‘person’ liable or entitled under the provision. Instead, the term ‘person’ should be defined as according to Hukum Syarak, without any reference in the order of priority. This can lead to confusion and uncertainty as various interpretations can be given to the scope of the term. For instance, one may argue that the person liable should be a Muslim man.[36] In comparison, the States’ Islamic Family Law clearly provides for the husband to pay maintenance to the wife or former wife[37] while the father is bound to maintain his children.[38] However, the same reference is not provided for parents.

Moreover, the present provision indicates that the parents will only qualify to claim for maintenance if they are incapacitated from earning a livelihood, either wholly or partially. Their eligibility is further restricted with ‘incapacitated’ due to injury, mentally or physically or ill-health.[39] Thus, after perusing all these qualifications, it can be inferred that the procedures are bureacratic and the parents’ chances to claim for their maintenance may be difficult. It can also be suggested that the provision is too restrictive and do not embody the spirit of filial duty as articulated by Shariah.

There are only a few reported cases with regard to claims of maintenance by parents against their children. This does not correspond to the figure produced by the authority of the neglected parents thereto.

In the case of Khalil bin Ahmad v. Kamal bin Khalil,[40] the plaintiff-father claimed for maintenance from the defendant-son a sum of RM36,000 on the basis of RM500 per month alleging that the defendant did not provide for him financial assistance for about 10 years. The plaintiff further claimed another RM2,000 for medical expenses of the plaintiff’s wife, ie, the defendant stepmother, who was also responsible for his upbringing. It was held by the Syariah High Court of Negeri Sembilan that the defendant had to pay maintenance on the basis of the Shariah ruling that maintenance of parent is obligatory upon children (son) or grandchildren if they are financially capable. The court held that the defendant had to pay RM200 per month starting from 1998 and to pay RM2000 for medical expenses of the defendant’s stepmother.

In another case of Kassim Bin Othman & Fatimah Binti Salleh v. Raja Suzana Binti Raja Kasim & Zul Azli Bin Hashim[41] the plaintiffs were the biological parents to the first defendant and parents-in-law to the second defendant. The plaintiff parents had claimed for maintenance from the defendants till they die and that the defendants need to respect and care for their well being. The Syariah High Court in this case had allowed the plaintiff claims based on an agreement made between the parties and ordered the defendants to pay and maintain their plaintiff parents a sum of RM250 per person. The Court highlighted the first defendant’s duty to maintain as she is the biological daughter to the plaintiff and she had made a promise to maintain them when the parents agreed to transfer the title of property to her name. The court also held that the same reasons applied to the second defendant irrespective that he was just a son-in-law to the plaintiff.

Comparative Laws on Maintenance of Parents

Malaysian law is lacking in a specific legislation pertaining to the protection of maintenance to parents. This is an obvious lacunae in the law if a comparison is to be made with other countries. For instance, Singapore is among the pioneers in legislating specific laws to enforce children’s obligation to specifically maintain the parents and in general to protect the welfare of the parents. The Maintenance of Parents Act 1995[42] was enforced since 1st June 1996 till now.

The said legislation is aimed at providing maintenance to any parent who is 60 years old and above, and unable to maintain himself adequately to apply for an order that the children pay him a monthly allowance or any other periodical payment or a lump sum for his maintenance.[43] The provision provides that application for a maintenance order under this Act is made to a special body, i.e, Tribunal for the Maintenance of Parents.[44]

The procedure to seek for the maintenance in the Act is rather convenient and equitable to the parents and children. The Tribunal may make a maintenance order if it considers that it is just and equitable that the children should maintain the parent after taking into account several considerations.[45] The parent’s application may be dismissed or the quantum of maintenance ordered may be reduced if the Tribunal is satisfied that the parent had abandoned, abused or neglected the children.[46]

India is another country which enforces a specific legislation to protect the rights of parents to maintenance. Since 2007, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 was enforced to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution of the Republic of India. The legislation is not only applicable in India, but also extended even to citizens of India residing outside India.[47] The Act provides for application of maintenance from the children or relatives by a parent who is unable to maintain himself from his own earnings or property owned by the parent.[48]

The application for maintenance in India shall be made through a Tribunal, named as Maintenance Tribunal, which has its own procedure in dealing with the application as provided under Section 8 of the Act. The Tribunal shall take all relevant evidence in the presence of the children or relative before deciding upon the claim for maintenance. If the claim is allowed, it will be due in the form of a monthly allowance at such monthly rate that is not exceeding ten thousand rupees per month.[49]

Besides the absence of a specific legislation protecting the rights of Muslim parents to maintenance from their children, lacunae in the existing provisions of the State’s Islamic Family Law can also be raised when reference is made to other Muslim countries’ laws such as Algeria, Jordan and Kuwait.

As for Algeria, the law provides that the maintenance of the ascendants is imposed on the descendants and vice versa, according to the possibilities, needs and the degree of relationship in the order of succession.[50] The provision is very general, but concise, where the obligation to maintain the ascendants shall fall on those who are nearer and eligible in the order of succession. As such, the children shall be held responsible to maintain their parents as they are the one who will succeed the parents in inheritance. The law also clearly defines maintenance shall consist of food, clothing, medical care, housing or rent and anything that is deemed necessary in relation to the use and custom.[51] These entitlements shall not only apply to children or wives, but to parents alike.

Whereas in Jordan there are specific provisions that impose the obligation on children to maintain their parents if the parents are poor. The law provides that it is an obligation of the wealthy or rich children, whether male or female; minor or adult, to provide maintenance to their destitute parents even though they are able to work.[52] The provision further imposes that even if the children are poor and they are not able to work, they are still obliged to maintain their poor parents.[53] However, if their means are merely sufficient for themselves or to their immediate family, it is compulsory for the children to nurse the parents together with them and treat them as what they treat their families.[54] These provisions sanction that the children cannot be excused from maintaining their destitute parents, even though they are individually poor. The least that can be done by the children is by taking care of their parents in their own home together with their immediate family.

In Kuwait, the law clearly provides for protection of maintenance for poor parents, almost similar to what can be seen in the Jordanian Personal Law 1976. The legislation provides that it is an obligation to children who are financially capable, whether male or female, to provide maintenance to their parents and grandparents who are poor; even if they are different in belief or even if they are able to work.[55] The provision further illustrates that in the event that there are several children; the obligation shall be imposed based on their ease.[56] From this provision, the law has extended the obligation of the children to maintain not only their biological parents, but also their immediate ascendants, provided that they are poor. The law also explicitly allows non-Muslim parents to claim for their rights of maintenance from their wealthy children even if they are able to work.

Legal Reform to Rights of Maintenance of Parents

In order to address the issue of parents not being maintained by the children or those who are responsible, reform should be made through legal and non-legal approaches. The legal provison should comprise amendment, power of enforcement as well as the introduction of a better legislation to deal with the issue. The non-legal approach should consider social awareness through education and effective publicity to the population.

Thus, from the analysis made on the current legal provision in the States’ Islamic Family Law, it is clear that there is a cogent need to reform the existing States’ legislation in order to strengthen and to clarify provisions pertaining to the rights of Muslim parents to maintenance. As such, several areas should be taken into consideration, the interpretation of the term such as ‘maintenance’ and ‘person’ liable or entitled for maintenance; a broader qualification attached to the rights; the procedural aspect of the claim as well as enforcement of the rights.

Amendment should be made to the interpretation of maintenance in order for it to become clearer. For instance, a provision can be inserted in the present States’ Islamic Family Law to define maintenance to include monetary support, shelter, sustenance, clothing, general care, etc. If such interpretation can be made, it will not only benefit the parents but also other stakeholders of the law such as spouse and dependents as well. Moreover, the current provision should also determine the term ‘person’ who should be ordered by the Syariah court to maintain the parents. The determination can be made in a form of a list of priorities of those liable thereto under the Hukum Syarak to maintain the parents as to what can be seen under s. 81 of Islamic Family Law (Federal Territories) Act 1984[57] and s. 88 of the same Act.[58]

Affirmation of Muslim parents’ right to maintenance can also be made in the States’ Islamic Family Law by explicitly expressing the rights of maintenance to parents rather than generally providing the means via a multi-purpose and broad provision as can be seen in the current provision of s. 60.[59] Amendment can also be made to the States’ Islamic Family Law provision to relax the qualification of incapacity under s. 60 in order to reduce the rigidity of the provision.

Apart from reinforcing the current provision in the States’ Islamic Family Law, new guidelines on the procedure that encourage mutual discussion and settlement between the parents and the children should also be considered in order to facilitate the claim of maintenance by the Muslim parents. Besides facilitating the claim, special provisions should also be inserted to provide for the enforcement of any order made relating to maintenance of Muslim parents. Finally, the States’ Islamic Family Law should also consider to sanction any deliberate neglect of Muslim parents’ maintenance on the part of the Muslim children, rather than to wait for the parents to seek for redress from the Syariah Court.

In addition, other than making the necessary amendment and upgrading to the existing States’ Islamic Family Law, which directly deals with the matter of maintenance for Muslim parents in Malaysia, the Federal legislature should also consider legislating and enforcing a similar law as introduced by Singapore, ie, a specific statute that addresses the issue of maintenance for parents. This is not a mere afterthought as the government had actually considered the possibility of having such law before.[60] Although the proposed law may not be exclusively meant for the Muslim parents, yet it may become another alternative for the Muslim parents to seek for redress in circumstances where their rights to maintenance are to be neglected by the children. Moreover, if the specific law can be introduced, it will give a kind of deterrence to irresponsible children. This eventually will help to avoid the issue of neglect of Muslim parents. Nevertheless, the specific law should portray the spirit of social security, caring society and preservation of family unity by advancing conciliation over legal enforcement.[61]

Legal measures alone will not be sufficient to counter the issue. Non-legal efforts through education and social awareness should also be introduced in order to highlight the issue to the public and society at large. Systematic and continuous lessons in the education system on filial piety and virtues should be introduced with special emphasis on the rights of parents and duty of children. In addition, the academia should also give more focus on developing and producing more literature and research on parents and filial duty. Social awareness through the constant promotion of the law through civil advocacy and the media can also contribute to the better understanding of the issue and appropriate action to be taken by society.

Also the government and its machinery should empower and improve the current policies relating to elderly parents by giving emphasis on the involvement of the children in maintaining and supporting parents. Policies such as a National Senior Citizen Policy and National Policy for the Elderly that provide for assistance and protection of elderly parents should be improved and strengthened to ensure that the duty and responsibility of the children to maintain Muslim parents are not delegated to the government alone; instead it should be a mutual responsibility with limited liability on the government and positive undertaking from the children.

Conclusion

The family is a basic unit in a social structure. A strong family that cares and supports each other’s rights and obligations and live in a harmonious environment will eventually help the country to prosper. Children should always be reminded to take this filial duty as an important obligation in life. Should the children themselves be in need; the duty of filial duty should not be abandoned but should be taken as a responsibility by the relatives, the society or the government. Parents should not be allowed to suffer in their old age, as what they faced when they raised their children. They deserve better attention, care and support rather than hardship and impoverishment.

____________________________________________________________

* Lecturer, Faculty of Law, Multimedia University Malaysia, LL.B (Hons), LL.Bs (Hons) IIUM.

** Lecturer, Faculty of Accountancy, UiTM Malacca, B.Acc. (Hons), M.Acc, UiTM.

*** Senior Lecturer, Faculty of Law, Multimedia University Malaysia, Ph. D (Law), M. Ed (Curriculum & Instruction), LL.B (Hons),International Islamic University Malaysia. B.A (Hons), University of Calgary, Alberta, Canada, Cert. Ed. (Merit/General), Cert. Developmental Guidance, Institute of Education, University of Singapore, Consultant, Trainer, Lead Assessor - Quality Management System (SIRIM- Malaysia, IATCA - Australia, IEMA - UK), Cert. Mediation (Australia), Mediator, Arbitrator, Adjudicator- KLRCA, MIArb, CIArb (UK).

Endnotes:

[1] Wahbah Zuhaili, al-Fiqh al-Islami wa Adillatuhu, 1985, vol.7, Dar al-Fikr, Damascus,p. 765.

[2] Ibid.

[3] Al-Quran. Al-Isra’ 17: 23-25.

[4] Abu ‘Ala Al-Maududi, The Meaning of Quran (Translation to English by Muhammad Akbar), Lahore: Islamic Publication (Pvt) Limited, p.610.

[5] Al-Quran. Luqman 31: 14-15.

[6] Dr Fathi Osman, 1997, Concept of the Quran: A Topical Reading, Kuala Lumpur: Angkatan Belia Islam Malaysia, p. 839.

[7] Muslim, A. (2007). The Book of Virtue, Enjoining Good Manners and Joining of the Ties of Kinship. In Sahih Muslim (Vol. 6). Riyadh: Darussalam, Hadith No. 9.

[8] At-Tirmidhi, Abu Eisa Mohammad, Jami’ At-Tirmidhi (Translation by Abu Khaliyl), 2007, Riyadh, Maktaba Dar-us-Salam, Book on the Tafsir of Quran, Chapter 4, Hadith no. 3019.

[9] Al-Quran. Al-Ankabut 29:8.

[10] Al-Quran. Al-Baqarah 2:83.

[11] Al-Quran. An-Nisa 4:36.

[12] Al-Quran. Al-An’am 6:151.

[13] Al-Bukhari,Muhammad bin Ismail, Sahih Al-Bukhari (Translation by Dr. Muhammad Muhsin Khan) 1997, Riyadh, Maktaba Dar-us-Salam, The Book of Gifts, Chapter 29, Hadith no. 2620. See also Muslim, Ibid. Book of Zakat, v.3, Hadith no. 50.

[14] Al-Quran. Al-Baqarah 2:215.

[15] Al Baidhawi, Abdullah bin Umar, Tafsir Al-Baidhawi translation in Malay by Abdul Rauf bin Ali Al-Fansuri, 1951, Singapore: Pustaka Nasional p. 34.

[16] Al-Qurtubi, Abu Abdullah Muhammad bin Ahmad, Al-Jami’e al-Ahkam al-Quran, 2006, Beirut, vol. 3, Muassasah al-Risalah, p.414.

[17] Al-Quran, Al-Isra 17:26.

[18] At-Tabari, Abi Jaafar Muhammad bin Jarir, Jaami’ al-Bayaan ‘an Ta’weel Aayi al-Quran, 1988, Beirut, Vol. 15, Dar al-Fikr, p.72.

[19] Ibn Majah, Muhammad bin Yazeed, Sunan Ibn Majah (Translation by Nasiruddin al-Khattab), 2007, Riyadh, Maktaba Dar-us-Salam, Book on Business Transaction, Chapter 64, Hadith no. 2292.

[20] See Syarah hadith “Anta wa Maluka Li Abika” retrieved from http://aliftaa.jo/ Question.aspx?QuestionId=633#.VefsvZMpqx0 on 30 June 2015.

[21] An-Nasa’i, Abu Abdur Rahman Ahmad bin Shuaib, Sunan An-Nasa’i (Translation by Nasiruddin al-Khattab), 2007, Riyadh, Maktaba Dar-us-Salam, Book of Zakah, Chapter 51, hadith no. 2533.

[22] Abu Dawood, Sulaiman bin Ash’ath, Sunan Abi Dawood, (Translation by Yaser Qadhi), 2008, Maktaba Dar-us-Salam, Book of Employment, Chapter 77, Hadith No. 3529.

[23] Abdul Karim Zaidan, Al-Mufassal fi Ahkam al-Marah wa al-Bait al-Muslim fi al-Syariah al-Islamiyyah, 1993, Beirut, Muassasah al-Risalah, vol. 10, p. 183.

[24] Muhammad Abu Zahrah, al-Ahwal al-Syakhsiah, 1957, Cairo, Darul Fikr al-‘Arabi, p.416.

[25] Ibid.

[26] Ala’eddin Kharofa, Islamic Family Law, 2004, Petaling Jaya, ILBS. p.274.

[27] Ibid.

[28] Ibid.

[29] Badruddin Hj Ibrahim & Azizah Mohd, Hak Ibu Bapa Terhadap Nafkah dalam Perundangan Islam, Jurnal Kanun, Jun 2012, p. 24.

[30] Answer by Minister of Women, Family and Community Development. Parliament of Malaysia. Dewan Rakyat. (2013). Parliamentary meetings (Hansard). Retrieved from http://www.parlimen.gov.my/hansard-dewan-rakyat.html?&uweb=dr&searchref =hansard-dewan-rakyat&searchref=hansard-dewan-rakyat&str=&str=&doctype%5B %5D=DR-hs&dokumen%5B%5D=perbahasan&searchrefcode=dr&str2=& DATETYPE=0&DATERANGE%5B%5D=&DATERANGE%5B%5D=&takwimnum%5B%5D=13%7C1%7C3&arkib=yes.

[31] Dato’ Aminah Abdul Rahman & Ahmad Hashimi Mohammad, Penduduk dan Keluarga: Penemuan Kajian Penduduk dan Keluarga Keempat, retrieved from http://familyrepository.lppkn.gov.my/346/1/Persidangan_Statistik_Full_Text_19Mei.pdf Penduduk dan Keluarga: Penemuan Kajian Penduduk dan Keluarga Keempat on 20 June 2015.

[32] op cit. Parliament of Malaysia, p.17.

[33] Ibid.

[34] Ninth Schedule, State List, Item 1, Federal Constitution.

[35] Similar provision can be found in other States Islamic Family Law, such as section 61 of Islamic Family Law (Negeri Sembilan) Enactment 2003, Section 61 of Malacca’s Islamic Family Law Enactment 2002, Section 61 of Islamic Family Law (State of Selangor) Enactment 2003, section 61 of Islamic Family Law (Perak) Enactment 2004, section 61 of Kelantan’s Islamic Family Law Enactment 2002, section 61 of Islamic Family Law (State of Johore) Enactment 2003 and section 61 of Pahang’s Islamic Family Law Enactment 2005.

[36] See Syuhaeda Aeni binti Mat Ali & Azhani binti Arshad, Claiming Maintenance from Children: The Malaysian Legal Perspective, GJBSSR, Vol. 1(2), January-March 2015: 481, at p.483.

[37] For instance section 59 of Islamic Family Law (Federal Territory) Act 1984.

[38] For instance section 72 of Islamic Family Law (Federal Territory) Act 1984

[39] See also wording of ss. 60 & 61 of States Islamic Family Law Act/Enactment.

[40] (2003) 16 JH 19.

[41] (2010) 30 JH (2) 299.

[42] Act 35 of 1995.

[43] Section 3(1) Maintenance of Parents Act 1995.

[44] Section 13(1) Maintenance of Parents Act 1995.

[45] Section 5(1) Maintenance of Parents Act 1995.

[46] Section 5(3) Maintenance of Parents Act 1995.

[47] Section 1(2) Maintenance and Welfare of Parents and Senior Citizens Act 2007.

[48] Section 4, Maintenance and Welfare of Parents and Senior Citizens Act 2007.

[49] Section 9, Maintenance and Welfare of Parents and Senior Citizens Act 2007.

[50] See Article 77, Algeria Family Code 1984, retrieved from http://www.droit. mjustice.dz/code_famille.pdf on 19 June 2015.

[51] See Article 78, Algeria Family Code 1984, retrieved from http://www.droit. mjustice.dz/code_famille.pdf on 19 June 2015.

[52] See Article 172(a) of the Jordanian Family Code 1976, retrieved from http://www.lob.gov.jo/AR/Pages/AdvancedSearch.aspx on 20 June 2015.

[53] See Article 172(b) of the Jordanian Family Code 1976, retrieved from http://www.lob.gov.jo/AR/Pages/AdvancedSearch.aspx on 20 June 2015.

[54] See Article 172(b) of the Jordanian Family Code 1976, retrieved from http://www.lob.gov.jo/AR/Pages/AdvancedSearch.aspx on 20 June 2015.

[55] See Article 201 of the Kuwaiti Family Code 1984, retrieved from http://www.e.gov.kw/Documents/Arabic/Forms/MOJ/%D9%82%D8%A7%D9%86%D9%88%D9%86%20%D8%A7%D9%84%D8%A3%D8%AD%D9%88%D8%A7%D9%84%20%D8%A7%D9%84%D8%B4%D8%AE%D8%B5%D9%8A%D8%A9.pdf on 19 June 2015.

[56] Ibid.

[57] Provision pertaining to ‘Persons entitled to custody of a child’.

[58] Provision pertaining to ‘Persons entitled to guardianship’.

[59] Badruddin, op. cit, p.34.

[60] See: 636,000 Warga Emas Di Negara Ini Tidak Pernah Diberi Wang Oleh Anak-Anak”, retrieved from http://www.lppkn.gov.my/index.php?Itemid=575&catid=38& id=132:636-000-warga-emas-di-negara-ini-tidak-pernah-diberi-wang-oleh-anak-anak&lang=ms&option=com_content& view=article on 30 June 2015.

[61] Syuhada, op. cit, p.486.

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