Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions

Dispute resolution outside the court is not new in human interactions. Different societies across the world have long used non-judicial indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but are almost invariably complicated by th...

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Main Authors:	Md Hashim, Noraini, Abdul Hak, Nora, Rahmat, Nur Ezan
Format:	Article
Language:	English
Published:	INSI Publications 2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/27925/ http://irep.iium.edu.my/27925/ http://irep.iium.edu.my/27925/1/Section_106.pdf

id	iium-27925
recordtype	eprints
spelling	iium-279252013-02-13T22:28:30Z http://irep.iium.edu.my/27925/ Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions Md Hashim, Noraini Abdul Hak, Nora Rahmat, Nur Ezan K Law (General) Dispute resolution outside the court is not new in human interactions. Different societies across the world have long used non-judicial indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but are almost invariably complicated by the intense and intimate emotions of the parties in conflict. Therefore, the utilization of other processes, such as conciliation and mediation, will lead to a more satisfactory resolution of disputes rather than the prevailing practice of litigation. Section 55(2) of the Law Reform (Marriage and Divorce) Act 1976 (LRA1976) provides that even when the parties have presented a petition for divorce, if it appears to the court at any stage of the proceedings that there is a reasonable possibility of a reconciliation between them, the court may adjourn the proceedings for such period as deems fit to enable attempts to be made to effect such a reconciliation. In the case of a petition for divorce based on the irretrievable breakdown of the marriage, the petitioner must first refer the matrimonial difficulty to a conciliatory body before filing the petition in accordance with sections 51 and 52 of LRA. Practitioners of family law are of the view that the conciliation process in Malaysia has not been very successful in helping disputing couples resolve their problems and this is supported by statistics, which shows that the success rate recorded at the statutorily mandated reconciliation sessions is very low. This article examines some emerging issues relating to the effectiveness of conciliatory bodies appointed under section 106 of LRA 1976, especially the effectiveness of the marriage tribunal under the National Registration Department. It highlights the problems and constraints faced by the conciliatory bodies, and suggests some law and policy reforms. INSI Publications 2012-11 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27925/1/Section_106.pdf Md Hashim, Noraini and Abdul Hak, Nora and Rahmat, Nur Ezan (2012) Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 281-285. ISSN 1991-8178 http://www.ajbasweb.com/ajbas_Special%20issue_2012.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Md Hashim, Noraini Abdul Hak, Nora Rahmat, Nur Ezan Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions
description	Dispute resolution outside the court is not new in human interactions. Different societies across the world have long used non-judicial indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but are almost invariably complicated by the intense and intimate emotions of the parties in conflict. Therefore, the utilization of other processes, such as conciliation and mediation, will lead to a more satisfactory resolution of disputes rather than the prevailing practice of litigation. Section 55(2) of the Law Reform (Marriage and Divorce) Act 1976 (LRA1976) provides that even when the parties have presented a petition for divorce, if it appears to the court at any stage of the proceedings that there is a reasonable possibility of a reconciliation between them, the court may adjourn the proceedings for such period as deems fit to enable attempts to be made to effect such a reconciliation. In the case of a petition for divorce based on the irretrievable breakdown of the marriage, the petitioner must first refer the matrimonial difficulty to a conciliatory body before filing the petition in accordance with sections 51 and 52 of LRA. Practitioners of family law are of the view that the conciliation process in Malaysia has not been very successful in helping disputing couples resolve their problems and this is supported by statistics, which shows that the success rate recorded at the statutorily mandated reconciliation sessions is very low. This article examines some emerging issues relating to the effectiveness of conciliatory bodies appointed under section 106 of LRA 1976, especially the effectiveness of the marriage tribunal under the National Registration Department. It highlights the problems and constraints faced by the conciliatory bodies, and suggests some law and policy reforms.
format	Article
author	Md Hashim, Noraini Abdul Hak, Nora Rahmat, Nur Ezan
author_facet	Md Hashim, Noraini Abdul Hak, Nora Rahmat, Nur Ezan
author_sort	Md Hashim, Noraini
title	Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions
title_short	Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions
title_full	Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions
title_fullStr	Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions
title_full_unstemmed	Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions
title_sort	section 106 of the law reform (marriage and divorce) act 1976 of malaysia: issues and suggestions
publisher	INSI Publications
publishDate	2012
url	http://irep.iium.edu.my/27925/ http://irep.iium.edu.my/27925/ http://irep.iium.edu.my/27925/1/Section_106.pdf
first_indexed	2023-09-18T20:41:21Z
last_indexed	2023-09-18T20:41:21Z
_version_	1777409386784751616

Section 106 of the Law Reform (Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions

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