Johor Islamic Family Law Enactment effectiveness in child custody

A study on the effectiveness of the Johor Islamic Family Law Enactment 2003 examines the protection of child custody (hadhanah) following divorce. While the enactment provides a relatively adequate legal basis regarding the qualifications of guardians, maintenance, and visitation rights, implementation faces significant challenges.

Research conducted through interviews at the Johor Bahru Sharia High Court indicates that legal effectiveness is hindered by non-compliance from involved parties. Specific issues include the refusal to surrender children and failure to comply with court-ordered maintenance payments, suggesting that existing norms and institutional mechanisms do not automatically guarantee legal enforcement.