Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department

Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department

Dispute resolution outside of court is not new; societies world-over have long used non-judicial and indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but is almost invariably complicated by the intense and intimate emotions of t...

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Main Authors: Abdul Hak, Nora, Ibrahim, Norliah, Rahmat, Nur Ezan
Format: Conference or Workshop Item
Language:English
Published: 2014
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/54524/
http://irep.iium.edu.my/54524/1/54524_IRIE%202014_complete.pdf
id iium-54524
recordtype eprints
spelling iium-545242017-01-23T07:04:25Z http://irep.iium.edu.my/54524/ Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department Abdul Hak, Nora Ibrahim, Norliah Rahmat, Nur Ezan K Law (General) Dispute resolution outside of court is not new; societies world-over have long used non-judicial and indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but is 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, independent of litigation will lead to a more satisfactory resolution of disputes rather than relying on the judgments of the court of law. Section 55(2) of the Law Reform (Marriage and Divorce) Act 1976 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 it thinks fit to enable attempts to be made to affect 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. No person shall petition for divorce, except under sections 51 and 52 of the 1976 Act, unless he or she has first referred the matrimonial difficulty to a conciliatory body and that body has certified that it has failed to reconcile the parties. Practitioners of family law are of the view that the conciliation process in Malaysia has not been very successful in helping disputing couples resolving their problems and this is supported by statistics which shows that the success rate for these reconciliation sessions is very low. This research highlights on some emerging issues related to the effectiveness of conciliatory bodies appointed under section 106 of the 1976 Act especially the Marriage Tribunal under the National Registration Department (NRD). It highlights the problems and constraints faced by the conciliatory bodies and will suggest amendments to the law and policy. 2014-06 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/54524/1/54524_IRIE%202014_complete.pdf Abdul Hak, Nora and Ibrahim, Norliah and Rahmat, Nur Ezan (2014) Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department. In: International Research, Invention and Innovation Exhibition 2014 (IRIIE2014), 11th -13th June 2014, Cultural Activity Center (CAC), Internatioanal Islamic University Malaysia. (Unpublished)
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)
Abdul Hak, Nora
Ibrahim, Norliah
Rahmat, Nur Ezan
Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department
description Dispute resolution outside of court is not new; societies world-over have long used non-judicial and indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but is 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, independent of litigation will lead to a more satisfactory resolution of disputes rather than relying on the judgments of the court of law. Section 55(2) of the Law Reform (Marriage and Divorce) Act 1976 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 it thinks fit to enable attempts to be made to affect 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. No person shall petition for divorce, except under sections 51 and 52 of the 1976 Act, unless he or she has first referred the matrimonial difficulty to a conciliatory body and that body has certified that it has failed to reconcile the parties. Practitioners of family law are of the view that the conciliation process in Malaysia has not been very successful in helping disputing couples resolving their problems and this is supported by statistics which shows that the success rate for these reconciliation sessions is very low. This research highlights on some emerging issues related to the effectiveness of conciliatory bodies appointed under section 106 of the 1976 Act especially the Marriage Tribunal under the National Registration Department (NRD). It highlights the problems and constraints faced by the conciliatory bodies and will suggest amendments to the law and policy.
format Conference or Workshop Item
author Abdul Hak, Nora
Ibrahim, Norliah
Rahmat, Nur Ezan
author_facet Abdul Hak, Nora
Ibrahim, Norliah
Rahmat, Nur Ezan
author_sort Abdul Hak, Nora
title Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department
title_short Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department
title_full Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department
title_fullStr Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department
title_full_unstemmed Establishing a model for family mediation in Malaysia: replacing the marriage tribunal under the national registration department
title_sort establishing a model for family mediation in malaysia: replacing the marriage tribunal under the national registration department
publishDate 2014
url http://irep.iium.edu.my/54524/
http://irep.iium.edu.my/54524/1/54524_IRIE%202014_complete.pdf
first_indexed 2023-09-18T21:17:09Z
last_indexed 2023-09-18T21:17:09Z
_version_ 1777411639204642816

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