Proceedings of Icwc 2016 Subang Jaya, Malaysia
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1ST INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17-18 OCTOBER 2016, DORSETT GRAND SUBANG PROCEEDINGS OF ICWC 2016 SUBANG JAYA, MALAYSIA 1st INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17 – 18 OCTOBER 2016 DORSETT GRAND SUBANG MALAYSIA 1 1ST INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17-18 OCTOBER 2016, DORSETT GRAND SUBANG PUBLICATION COMMITTEE: Assoc Prof Dr Norha Abu Hanifah Dr Suzaini Mohd Saufi En Muhammad Umar Abdul Razak En Mohd Rushidi Jamaluddin En Ahmad Suzairi Ahmad Sukri ORGANISER: Faculty of Law Universiti Teknologi MARA Selangor, MALAYSIA NOTES ON THE COMPILATION: This is the proceeding for full papers of ICWC2016. Each author is responsible for opinions and facts presented in each paper. The Organiser of ICWC2016 will not claim copyright on the published proceedings. PUBLISHER: Faculty of Law, Jalan Arif, Universiti Teknologi MARA 40450, Shah Alam SELANGOR ISBN NO: 978-967-0171-65-4 2 1ST INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17-18 OCTOBER 2016, DORSETT GRAND SUBANG ORGANIZING COMMITTEE ADVISOR ASSOC. PROF. DR. HAIDAR DZIYAUDDIN CHAIRPERSON DR SUZAINI MOHD SAUFI SECRETARY PN NADZRIAH AHMAD TREASURER PN FARIDAH HUSSAIN PUBLICATION ASSOC PROF DR NORHA ABU HANIFAH PROGRAMME PN MIMI SINTIA HJ MOHD BAJURY PROTOCOL & PUBLIC RELATIONS PN NURUL JANNAH MUSTAFA KHAN INVITATION & REGISTRATION PN AINUL HAFIZA ZAINUDIN TECHNICAL & LOGISTICS EN AHMAD WASEEM DHIHNY YUNUS SOUVENIERS PN NUR ASMA YAHAYA ABSTRACTS & PROCEEDINGS DR. NORAIZA ABDUL RAHMAN SPONSORSHIP EN MUHAMMAD UMAR ABDUL RAZAK WEBSITE & MULTIMEDIA EN MOHD YUNUS ABU SAMAH 3 1ST INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17-18 OCTOBER 2016, DORSETT GRAND SUBANG SUB-COMMITTEE EN AHMAD SUZAIRI AHMAD SUKRI EN MOHD RUSHIDI JAMALUDDIN EN AHMAD SHUKREE MOHD SALLEH PN FARIZAH MOHD ISA EN MOHAMMAD RIZAL ABIDIN PN RAFIZAH ABU HASSAN PN HABIBAH OMAR PN NADIA OMAR PN NURUL HUDA AHMAD PN NUR ATIKAH@WATI SALAM CIK NORHIDAYAH HAMDAN PN FATIMATUZZAHRA’ DZULKIFLI PN NUR EZAN RAHMAT PN SITI SARAH SULAIMAN DR ANIDA MAHMOOD PN FAZLIN MOHAMED ZAIN PN MAZLINA MOHAMAD MANGSOR@MANSOOR PN NURUL SHUHADA SUHAIMI 4 1ST INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17-18 OCTOBER 2016, DORSETT GRAND SUBANG FOREWORD BY THE VICE CHANCELLOR I would like to applaud the Faculty of Law, for its steadfastness in pursuing academic excellence and knowledge advancement, as demonstrated through the debut hosting of the International Conference on Children and Women (ICWC2016). In fact, its focus on legal and social issues reflects thoughtfulness, empathy and conscience on the part of the organiser in championing the rights of women and children—two vulnerable groups of human beings whose needs and rights are often times relegated to the back seat, in certain world communities, for reasons only known to them. Truly, an enterprise borne of a noble intent to alleviate the suffering and predicament of women and children is one which should be given unequivocal support. This is especially significant as the international community has taken special interest in addressing issues surrounding women and children. Hence, these issues can no longer fall exclusively within the ambit of domestic affairs of any one country, in particular for countries which have signed, ratified or acceded to the Convention on the Elimination of All Forms of Discrimination Against Women 1981, and the Convention on the Rights of the Child 1989, each of which affords protection to women and children, respectively. In this context, it is hoped that ICWC2016 will provide the needed platform from where participants are able to discover new knowledge, recover lost information and uncover hidden facts about matters that have a bearing on the well-being of women and children today and in the future. Thus, I wholly commend the initiative undertaken by the faculty to address issues of common concerns which affect women and children globally, particularly so, concerns brought about by human greed and the scourge of society, the likes of human traffickers, warlords and extremists. On this score, I must say that I have great faith in the legal community, including conference participants, to persist and resist in their quest to seek justice for women and children, in the face of transgression against their basic rights to lead a protected life, wherever they are, whatever their station in life. I am also hopeful to see the end of this inaugural conference leading up to the beginning of fresh efforts to form research collaborations the outcome of which will translate into deliverables to further strengthen the legal protection afforded to both women and children, in diverse aspects of their existence. On a final note, I would like to wish all participants two days of insightful experience through a journey to bring about change and a better future for women and children of the world. To participants who are guests of the country: I wish you a memorable stay in Malaysia and a safe journey home. Prof. Emeritus Dato’ Dr Hassan Said Universiti Teknologi MARA (UiTM) 5 1ST INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17-18 OCTOBER 2016, DORSETT GRAND SUBANG GREETINGS FROM THE DEAN Assalamualaikum wbt… On behalf of the Faculty of Law UiTM Shah Alam, it gives me great pleasure to extend a very warm welcome to each and every participant to the inaugural International Conference on Children and Women (ICWC) 2016 at Dorsett Grand Subang. The objectives of organising ICWC 2016 are to provide an excellent platform to gather all academicians from both local and overseas, government and institutional regulators, non- governmental agencies, institutions and organizations, stakeholders in the private sectors, legal practitioners, students and other interested parties to discuss and to exchange opinions concerning legal and social issues relating to women and children. In addition, this conference provides opportunities to all participants to build linkages and to deliberate on ways to strengthen the legal protection afforded to women and children. I sincerely hope that this conference will give opportunities to all participants to engage in meaningful intellectual discourse that highlights a myriad of legal and social issues relating to women and children. I believe this conference will be of great benefit, particularly for those who share a common goal of providing a better future for women and children. On behalf of the Faculty of Law, I would like to express my deepest gratitude to each participant from both local and overseas for participating in this conference. I would also like to record my heartfelt appreciation to the Organising Committee for their commitment and continuous effort in making this conference a reality. Wishing all participants a fruitful, productive and enjoyable conference. Thank you and wassalam. Assoc. Prof Dr Haidar Dziyauddin Dean, Faculty of Law, UiTM 6 1ST INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17-18 OCTOBER 2016, DORSETT GRAND SUBANG MESSAGE FROM THE CHAIRPERSON In the name of Allah, the Most Gracious, the Most Merciful. Assalamualaikum wbt. Welcome to the Inaugural International Conference on Women and Children 2016: Legal and Social Issues, organised by the Faculty of Law, Universiti Teknologi Mara Shah Alam. Based on the premise that “the hand that rocks the cradle rules the world” and “children are our future”, it is strongly felt that the main theme of this conference is apt and timely. I fervently hope that this conference will serve as a platform for academicians, researchers, practitioners, as well as students to share and exchange ideas and experience within their field of expertise, especially with the presence of local and international presenters and participants. It is also my wish that this conference not only serve as a catalyst to share knowledge but it will also create the path for greater exploration and improvement in the legal framework governing the legal and social issues pertaining to women and children. It is hoped that this will create a better future and greater harmony within our society. I wish to thank and congratulate my dedicated organizing committee for their hard work in making this conference a reality. I would also like to take this opportunity to thank our sponsors for their generous support. Finally, I wish all the participants and presenters an enjoyable and fruitful conference. Happy conferencing to all. Thank you. Dr. Suzaini Mohd. Saufi Chairperson ICWC2016 7 1ST INTERNATIONAL CONFERENCE ON WOMEN AND CHILDREN LEGAL AND SOCIAL ISSUES 17-18 OCTOBER 2016, DORSETT GRAND SUBANG CONTENT: PAGE NO: The Role of Family Support Division of Syariah Court of Selangor in Protecting the Rights of Women and Children to Maintenance 10 Child protection on educational rights in Zanzibar in relation to poverty 20 Overlaps and Gaps in Understanding Filicide in Malaysia: Framework Analysis 31 of the Perspectives of Convicted Women and Service Providers Labour force participation of single mothers in Malaysia: 39 An implication on their economic well being Interfaith Custody and The Best Interest of The Child 50 Jurisdictional Conflict on Interfaith Custody Dispute in Malaysia: Challenges and 60 Prospect for Reform Religion as a Determinant of Child Welfare in Custody Cases 68 Human Rights for Children with Disabilities in Malaysia: Issues and Challenges 79 Using Images in Enhancing Learning