THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

scholarly journals Custody and Religion of Minors in Malaysia

ICR Journal ◽  
2017 ◽  
Vol 8 (2) ◽  
pp. 272-274
Author(s):  
Mohamed Azam Mohamed Adil
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
Parental Responsibility ◽  
Care Education ◽  
Civil Court ◽  
Marriage And Divorce ◽  
Islamic Family Law ◽  
The Law

Child custody refers to the upbringing of a child, including the parental responsibility to provide protection, love, care, education, shelter and management. Generally, in determining who will be the legal custodian of a child, a court will first and foremost ensure that the child’s welfare is well-protected.  In Malaysia, child custody is governed by two separate laws, one for non- Muslims and one for Muslims. For non-Muslims, the Law Reform (Marriage and Divorce) Act of 1976 (Act 164) holds sway, while for Muslims it is either the Islamic Family Law Enactments of the respective states or the Islamic Family Law Act of the Federal Territories that are relevant. While the Malaysian civil court operates over the non-Muslim laws, the Syariah court operates over the Muslim ones.  

scholarly journals DIVORCE REFORM AND FAMILY MEDIATION IN ENGLAND: AN OVERVIEW OF THE RELEVANT PROVISIONS OF THE FAMILY LAW ACT, 1996

2012 ◽  
Vol 17 (2) ◽  
Author(s):  
Nora Abdul Hak ◽  
Norliah Ibrahim
Keyword(s):  
Family Law ◽  
Law Reform ◽  
Family Mediation ◽  
Marriage And Divorce ◽  
New Family ◽  
The Family ◽  
Alternative Means ◽  
The Law ◽  
The Government

The article focuses on the divorce reform in England. In 1996, the Family Law Act was passed by the Parliament in England, which is cited as the Family Law Act, 1996. Unfortunately, after it was passed, there were problems concerning its enforcement and the Government decided to postpone the enforcement of some parts of the Act. Generally, the suspension involves the law concerning the ground of divorce and mediation. Although the overall position of the Act remains uncertain, it is significant to examine it because of its strength in upholding the institution of the family. Under the Act, mediation is introduced as it has many advantages such as resolving disputes amicably and it can reduce backlog of cases in the court. It is hoped that the discussion in this article will benefit Malaysia and hopefully we may learn something from the divorce reform that took place in England. In Malaysia, the current Law Reform (Marriage and Divorce) Act 1976 has been enacted since 1976. Perhaps, we may introduce new family legislation governing non-Muslims and include mediation as an alternative means of resolving family disputes.

scholarly journals L'union homosexuelle et le droit de la famille

2005 ◽  
Vol 25 (4) ◽  
pp. 751-775
Author(s):  
Édith Deleury
Keyword(s):  
Family Relationships ◽  
Child Custody ◽  
Family Law ◽  
The Past ◽  
Parental Fitness ◽  
Moral Standards ◽  
The Law

Homosexuals have asserted their rights more vocally in many areas of the law in the past decade. It was inevitable that the area of family law and child custody would be affected by this trend. In this paper, the author tries to compare and assess the moral standards which govern family relationships and how those standards are reflected in the laws relating to marriage, divorce and appreciation by the courts of parental fitness.

scholarly journals The Strategies of Muslim Family Law Reform

2011 ◽  
Author(s):  
Kristen Stilt ◽  
Swathi Gandhavadi Griffin
Keyword(s):  
Family Law ◽  
Law Reform ◽  
Muslim Family

LEGAL RIGHTS AND WOMEN'S AUTONOMY: CAN FAMILY LAW REFORM IN MUSLIM COUNTRIES AVOID THE CONTRADICTIONS OF VICTORIAN DOMESTICITY?

Hawwa ◽  
2007 ◽  
Vol 5 (1) ◽  
pp. 33-54
Author(s):  
Danaya Wright
Keyword(s):  
Civil Society ◽  
Women's Rights ◽  
Family Law ◽  
Law Reform ◽  
Women’S Rights ◽  
Legal Change ◽  
Women’S Autonomy ◽  
Women's Autonomy ◽  
Muslim Countries ◽  
The Law

AbstractIn early- and mid-nineteenth century England, numerous law reformers targeted the law of coverture. Under this law married women lost custody of children, lost any property they brought, could not make a will or enter into a contract once they married, and they could not seek a divorce if their marriage broke down under the doctrine that husband and wife were a single unit before the law. The discourse of the reform debates, however, presented women as either violent and intemperate, and thus requiring the chains of coverture to keep them from bringing down the pillars of civil society. Or, they were seen as victims in sore need of the law's protection from violent and intemperate men. At no time were they viewed as legal agents, capable of exercising rights responsibly or as rational actors, who could be entrusted with the care and control of raising children single-handedly. But as the law changed to accommodate demands for women's rights, it is clear that women did not destroy civil society, nor have they attained equal power and autonomy with men. Thus, in looking at the reforms, and the forces that inhibited the reforms in Victorian England, we can begin to think more critically about how law reforms occur, how men and women are situated, and how barriers to equality frustrate legal change. With that history, I believe we are better situated to understand the demands for change in family law and women's rights in Muslim countries. Much of the rhetoric is ironically familiar. And I argue that knowledge of the pitfalls that threatened legal change in the Anglo-American west can help us avoid them in law reform arenas across the Muslim world. Of course, it is not simply that by learning our history we can hope not to repeat it. Rather, by understanding the complex interplay of reformist arguments and conservative pressures, we are better able to see beneath the rhetoric to the power structures inhibiting women's autonomy that lurk beneath the surface.

scholarly journals FAMILY MEDIATION IN ASIA: A SPECIAL REFERENCE TO THE LAW AND PRACTICE IN MALAYSIA

2012 ◽  
Vol 15 (1) ◽  
Author(s):  
Nora Abdul Hak
Keyword(s):  
Hong Kong ◽  
Special Reference ◽  
Law Reform ◽  
Asian Countries ◽  
Family Mediation ◽  
Marriage And Divorce ◽  
The Law

This article seeks to discuss in general the practice of family mediation in some selected Asian countries. For this purpose the practice in Singapore, China, Japan and Hong Kong is described. However the focus of the article is the law and practice of conciliation in Malaysia which are governed by the Law Reform (Marriage and Divorce) Act, 1976. Some issues pertaining to the position of the non-Muslims in Malaysia are also highlighted.

scholarly journals DNA and the displacement of certainties in brazilian family law

2019 ◽  
pp. 4-19 ◽  
Author(s):  
Claudia Fonseca
Keyword(s):  
Family Law ◽  
Recent Period ◽  
Negative Test ◽  
Negative Test Result ◽  
The Real ◽  
The Past ◽  
Dna Technology ◽  
The Impact ◽  
Paternity Tests ◽  
Test Result

Abstract Inquiring into the impact of DNA technology on Brazilian family law,, through the consultation of legislation, jurisprudence and specific legal briefs concerning paternity disputes, we map out trends over the past thirty years. We show how, after a moment of original skepticism, genetic evidence appears to dominate the legal scene, rendering personal testimony irrelevant. However, with growing concern about men who use a negative test result to disclaim their paternal status, this testimony is once again needed to clarify whether or not the man originally believed the child was his blood-related offspring. Finally, we look at a recent period, showing how reactions against the “real biological truth” have spawned a new juridical category-socio-affective paternity-that, spreading well beyond paternity tests, is altering some basic tenets of family law.

The Perils and Pitfalls of Formal Equality in Australian Family Law Reform

2018 ◽  
Vol 46 (3) ◽  
pp. 367-396 ◽  
Author(s):  
Belinda Fehlberg ◽  
Lisa Sarmas ◽  
Jenny Morgan
Keyword(s):  
Gender Equality ◽  
Family Law ◽  
Law Reform ◽  
Men And Women ◽  
The Past ◽  
Australian Family ◽  
The Family ◽  
Alternative Approaches ◽  
Formal Equality

In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate.

scholarly journals Donor Anonymity in Canada: Assessing the Obstacles to Openness and Considering a Way Forward

2017 ◽  
Author(s):  
Vanessa Gruben ◽  
Angela Cameron
Keyword(s):  
Assisted Reproduction ◽  
Family Law ◽  
Third Party ◽  
Public Consultation ◽  
Law Reform ◽  
Limited Information ◽  
Division Of Powers ◽  
Modern Family ◽  
The Law ◽  
Definition Of

This article discusses donor anonymity in Canada and the need for law reform in this area. Currently, assisted reproduction is regulated by both the provincial and federal governments, meaning this area is regulated in a piecemeal fashion. Disclosure of donor identifying and non-identifying factors is restricted to limited information, utilized only to keep statistical records. Due to the law limiting identifying information, donor-conceived persons struggle in their attempt to discover their genetic origins. Further, provincial family law does not recognize third party reproduction, which leaves modern family units unprotected. A definition of openness in gamete donation is given in Part II. Part III addresses the law-making and assisted reproduction difficulties arising from the division of powers. Part IV analyzes the potential impact of federal prohibitions on the purchase of sperm and eggs and whether disclosing a donor’s identity will negatively impact gamete supply in Canada. The final two sections discuss the failure of provinces to enact family laws which protect the parental status of intended parents and how past cases under the Canadian Charter of Rights and Freedoms have been challenging for donor-conceived persons. The authors propose that reform should be dealt with by the legislature in four areas: provincial family law reform where necessary; robust and meaningful public consultation; interprovincial cooperation if possible; and, consideration of law reform in other jurisdictions

Still “Law” and Still “Learning”? Quel «droit» et quel «savoir?»

2003 ◽  
Vol 18 (1) ◽  
pp. 5-31 ◽  
Author(s):  
Roderick A. Macdonald
Keyword(s):  
Social Order ◽  
Law And Society ◽  
Law Reform ◽  
Federal Law ◽  
The Past ◽  
Canadian Institute ◽  
The Law ◽  
Research And Education ◽  
Consultative Group ◽  
Society Research

The fact that we are celebrating the 20th anniversary of the Report of the SSHRC Consultative Group on Research and Education in Law and that the event is cast as a celebration of the Arthurs Report signals two key features of legal research and legal education in Canada today.To begin, it tells us that, at least in certain scholarly circles, the Report has had an impact. That impact can be seen both in the mirror of the past, and in the lens of the present. Looking backwards, the early success of this Association and the founding of its review - the Canadian Journal of Law and Society – attest to the immediate galvanic effect of the Report; its continuing influence is manifest, notably, in the decision of the SSHRC last year to create a separate adjudication panel for law and society research. Between these salient bookends, one observes that the Report has been called in aid of numerous projects, programmes and initiatives. Let me mention only two (with which I had some prior association) that took on a relatively permanent institutional form: the Law and Society (later Law and the Determinants of Social Order) Programme of the Canadian Institute for Advanced Research that flourished between 1986 and 1996; and the re-establishment in 1997 of a multi-disciplinary federal law reform agency – the Law Commission of Canada – that was charged with pursuing a law and society research mandate.

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