DOES LEGAL REPRESENTATION INFLUENCE AMOUNT OF AWARDS IN CHILD MAINTENANCE? A QUANTITATIVE ANALYSIS OF SELECTED CASES IN MALAYSIAN SYARIAH COURTS

IF 0.5 Q3 AREA STUDIES

Journal of Nusantara Studies (JONUS) Pub Date : 2023-01-31 DOI:10.24200/jonus.vol8iss1pp270-289

R. Kadir, Safiek Mokhlis, Junaidah Abd Karim

{"title":"DOES LEGAL REPRESENTATION INFLUENCE AMOUNT OF AWARDS IN CHILD MAINTENANCE? A QUANTITATIVE ANALYSIS OF SELECTED CASES IN MALAYSIAN SYARIAH COURTS","authors":"R. Kadir, Safiek Mokhlis, Junaidah Abd Karim","doi":"10.24200/jonus.vol8iss1pp270-289","DOIUrl":null,"url":null,"abstract":"Background and Purpose: Cases of child maintenance application in courts could have at least one party without counsel representation. Self-representation may lead to litigants’ inability to obtain fair outcomes in their cases. The impact of legal representation and self-representation on case outcomes has not been extensively studied. This study sought to examine whether self-represented mothers or mothers represented by lawyers were the ones who have obtained more promising outcomes in terms of the amounts of award. \n \nMethodology: This quantitative study involved 82 first instance and appeal cases decided in Syariah courts from 1969 to 2020. From these case reports, relevant data on litigants and case decisions were extracted, then statistically analysed using IBM SPSS Statistics version 26. Case reports were retrieved from Current Law Journal, Lexis Nexis, and Jurnal Hukum databases by conducting case searches using a list of search terms including nafkah anak, nafqah, and child maintenance. \n \nFindings: The finding indicated that representation for mothers did not significantly influence the total amounts of awards. Self-represented mothers were also shown to have won higher amounts in terms of their proportion to fathers’ incomes. The amounts of awards were shown to be significantly influenced by evidence relating to fathers’ incomes and child’s expenses. The amounts were higher when these details were presented, as proven by their inclusion in case reports. Self-represented mothers fared better than mothers with lawyers when these determinants were presented. \n \nContributions: Parties and counsels will be better informed of past trend involving full, semi, and non-representation in cases involving child maintenance orders. \n \nKeywords: Child maintenance, Act 303, legal representation, self-representation, child support. \n \nCite as: Kadir, R., Mokhlis, S., & Abd Karim, J. (2023). Does legal representation influence amount of awards in child maintenance? A quantitative analysis of selected cases in Malaysian Syariah courts. Journal of Nusantara Studies, 8(1), 270-289. http://dx.doi.org/10.24200/jonus.vol8iss1pp270-289","PeriodicalId":16687,"journal":{"name":"Journal of Nusantara Studies (JONUS)","volume":null,"pages":null},"PeriodicalIF":0.5000,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Nusantara Studies (JONUS)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24200/jonus.vol8iss1pp270-289","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"AREA STUDIES","Score":null,"Total":0}

引用次数: 0

Abstract

Background and Purpose: Cases of child maintenance application in courts could have at least one party without counsel representation. Self-representation may lead to litigants’ inability to obtain fair outcomes in their cases. The impact of legal representation and self-representation on case outcomes has not been extensively studied. This study sought to examine whether self-represented mothers or mothers represented by lawyers were the ones who have obtained more promising outcomes in terms of the amounts of award. Methodology: This quantitative study involved 82 first instance and appeal cases decided in Syariah courts from 1969 to 2020. From these case reports, relevant data on litigants and case decisions were extracted, then statistically analysed using IBM SPSS Statistics version 26. Case reports were retrieved from Current Law Journal, Lexis Nexis, and Jurnal Hukum databases by conducting case searches using a list of search terms including nafkah anak, nafqah, and child maintenance. Findings: The finding indicated that representation for mothers did not significantly influence the total amounts of awards. Self-represented mothers were also shown to have won higher amounts in terms of their proportion to fathers’ incomes. The amounts of awards were shown to be significantly influenced by evidence relating to fathers’ incomes and child’s expenses. The amounts were higher when these details were presented, as proven by their inclusion in case reports. Self-represented mothers fared better than mothers with lawyers when these determinants were presented. Contributions: Parties and counsels will be better informed of past trend involving full, semi, and non-representation in cases involving child maintenance orders. Keywords: Child maintenance, Act 303, legal representation, self-representation, child support. Cite as: Kadir, R., Mokhlis, S., & Abd Karim, J. (2023). Does legal representation influence amount of awards in child maintenance? A quantitative analysis of selected cases in Malaysian Syariah courts. Journal of Nusantara Studies, 8(1), 270-289. http://dx.doi.org/10.24200/jonus.vol8iss1pp270-289

查看原文本刊更多论文

法律代理会影响子女抚养费的金额吗?马来西亚伊斯兰法庭选定案件的定量分析

背景和目的:在法院申请子女抚养的案件中，至少可以有一方当事人没有律师代表。自我代理可能导致诉讼当事人无法在案件中获得公平的结果。法律代理和自我代理对案件结果的影响尚未得到广泛研究。这项研究试图检验自我代理的母亲还是由律师代理的母亲在赔偿金额方面获得更有希望的结果。方法:这项定量研究涉及1969年至2020年期间伊斯兰法院判决的82个一审和上诉案件。从这些案件报告中提取当事人和案件判决的相关数据，然后使用IBM SPSS Statistics version 26进行统计分析。案例报告通过使用包括nafkah anak、nafqah和儿童抚养在内的搜索词列表进行案例搜索，从《当代法律杂志》、Lexis Nexis和Journal Hukum数据库中检索。研究结果:研究结果表明，母亲的代表权对奖励总额没有显著影响。自我代表的母亲在父亲收入中所占的比例也更高。研究显示，父亲的收入和子女的支出对奖金数额有显著影响。当这些细节被列入病例报告时，数额会更高。当这些决定因素出现时，自我辩护的母亲比请律师的母亲表现得更好。贡献:当事人和律师将更好地了解涉及儿童抚养令的案件中全部、半和无代理的过去趋势。关键词:子女抚养，第303号法案，法律代理，自我代理，子女抚养。引用自:Kadir, R.， Mokhlis, S.和Abd Karim, J.(2023)。法律代理会影响子女抚养费的金额吗?马来西亚伊斯兰法庭选定案件的定量分析。自然科学学报，8(1)，270-289。http://dx.doi.org/10.24200/jonus.vol8iss1pp270-289

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Journal of Nusantara Studies (JONUS) AREA STUDIES-

自引率

20.00%

发文量