Divorce under the law reform (marriage and divorce) Act 1976 - An analysis of its rationals / Ishak Mohd Sharif
“ The reform to the divorce law under the 1976 Act has not been that all innovative and revolutionary. There are some notable defects, some inevitable others uncalled for. Like a new consumer product in the marked only the package has changed, the ingredients still remain except perhaps with a few a...
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| Format: | Student Project |
| Language: | English |
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Faculty of Law
1983
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| Online Access: | http://ir.uitm.edu.my/id/eprint/1333/ http://ir.uitm.edu.my/id/eprint/1333/1/PPd_ISHAK%20MOHD%20SHARIF%20LW%2083_5%20P01.pdf |
| Summary: | “ The reform to the divorce law under the 1976 Act has not been that all innovative and revolutionary. There are some notable defects, some inevitable others uncalled for. Like a new consumer product in the marked only the package has changed, the ingredients still remain except perhaps with a few additions here and there - What was recognised as a fault principle has been branded as 'irretrievable breakdown'. What was meant to be a simple law suffers a complex disease of legal interpretation. Nevertheless, the Royal Commission should be commended in its effort to unify the law.” …..p. 32 “ Take adultery as an example. It has been recognised as a grave matrimonial misconduct that goes to the root of the marriage. It has been accepted as a cause of marriage breakdown. To disregard it would be contrary to public policy, to adopt it would be contrary to the policy of the new divorce law. It thereby becomes a question of priority. It is no easier than to resolve the problem of the ‘chicken and the egg’, the cause of breakdown or the effects of breakdown”….. p. 33 |
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