Efforts to save savable marriage through reconciliation process under family law in Malaysia: Issues and challenges
It has been a trend in recent years that the divorce rate among Muslims and non-Muslims keep on increasing every year though the percentage slightly varies from group to the other. Divorce rate in Malaysia for both Muslims and non-Muslims had increased from 11.24% in 2001 to 18.67% in the year of...
| Main Authors: | , , , , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/58077/ http://irep.iium.edu.my/58077/ http://irep.iium.edu.my/58077/1/58077.pdf |
| Summary: | It has been a trend in recent years that the divorce rate among Muslims and non-Muslims
keep on increasing every year though the percentage slightly varies from group to the
other. Divorce rate in Malaysia for both Muslims and non-Muslims had increased from
11.24% in 2001 to 18.67% in the year of 2010. This indicates that the rate of divorce
among the married couples is on the rise every year in Malaysia. There are many reasons
for the divorce which can be used by the couple as indication of intolerance and marriage
breakdown. However, worst still the failure to make reconciliation effort as useful
mechanism to resolve marital conflict contributes to the percentage of divorce. This is
the scenario in Malaysian family law where the law relating reconciliation process is
provided to amicably settle their dispute without going for divorce. However, it does
not seem able to save marriages and application for divorce keeps on increasing year
by year. Divorce should be the last option resorted to by a marriage couple in solving
marital dispute and it should be chosen when there is a necessity for such. Divorce may
negatively affecting the life of the couple and the children. To avoid from unnecessary
divorce, this study analyse legal provisions, policies and practices on reconciliation
process to settle dispute of marriage couple in Malaysia. Both laws applied for Muslim
and non-Muslim will be reviewed in this study to identify the strength and weaknesses in
these two jurisdiction. Beside the library research, interviews with the practitioners and
couple who are involved in marital conflict will be conducted to understand the practical
aspects and the issues faced by them in reconciling the marriage couple. It is hoped
that this study and those earlier literatures on marriage reconciliation could shed lights
to the question of effectiveness of current marriage reconciliation process and how it can
be reformed for further improvement. |
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