LEGAL REFORM FOR MENTAL HEALTH LAW IN MALAYSIA: GUIDELINES FROM INTERNATIONAL STANDARD AND MAQASID AL-SHARIAH PRINCIPLES

Abstract

The global rise in mental health issues underscores the urgent need for robust mental health legislation that guarantees equitable access to treatment, care, and support. In Malaysia, the Mental Health Act 2001 (MHA 2001) has served as a foundational legal framework for the regulation of mental health care, the protection of individuals with mental health conditions, and the establishment of procedures for treatment and care within the legal system. However, the Act has become increasingly inadequate in addressing the complex and evolving needs of individuals with mental health conditions. This research critically examines the limitations of the MHA 2001, highlighting its narrow, medicalized approach, the absence of provisions for early intervention, and its failure to adequately safeguard the rights and dignity of individuals living with mental health conditions. Specifically, the Act's limitations include an insufficient focus on informed consent and autonomy, as well as the perpetuation of stigmatizing language and attitudes towards individuals with mental health conditions. Through a comprehensive analysis, this study advocates for a more inclusive, patient-centered legal framework that better aligns with contemporary mental health needs and international human rights standards. This study proposes a reformulated approach that integrates maq??id al-shar??ah (the objectives of Islamic law) and international human rights standards to create a more comprehensive, inclusive, and rights-based framework for mental health legislation. The integration of maq??id al-shar??ah offers a holistic perspective, ensuring that mental health laws safeguard not only the physical and psychological well-being of individuals but also their dignity, autonomy, and social integration. Furthermore, aligning mental health legislation with international human rights standards is crucial to ensuring that the law promotes non-discrimination, safeguards the right to health, and upholds the protection of individual rights. Utilizing content analysis and doctrinal research methodology, this study conducts a detailed examination of the current legal framework, relevant international conventions, and maq??id al-shar??ah principles. It analyzes how these elements can be synthesized to address the gaps in the MHA 2001, proposing a more nuanced, culturally appropriate, and globally aligned approach to mental health legislation. The findings suggest that integrating Islamic legal principles with international human rights standards can lead to more equitable and effective mental health policies that are both responsive to the diverse needs of individuals and reflective of universal human values. This research contributes to the discourse on mental health law reform, offering practical recommendations for policy changes that better serve the mental well-being of individuals while protecting their rights and dignity.