An appraisal of marriage reconciliation processes under the Malaysia laws

Abstract

Reconciliation in family law is part of the effort to assist the married couple on the brink of divorce. This thesis explores the issues surrounding the application of legal provisions relating to marriage reconciliation in Malaysian family laws. The doctrinal and non-doctrinal method was applied in conducting the study. Hence the findings cover both the issues about the provisions of the laws and the practical aspects of marriage reconciliation. The study covers both provisions and practices of marriage reconciliation under Islamic family law and non-Muslim family law in Malaysia. As for the discussion on marriage reconciliation under Islamic family law, this thesis provides a thorough explanation from the perspective of fiqh and the statutory law that applies in Malaysia concerning marriage reconciliation. Among the issues identified surrounding the provisions and the practice of marriage, reconciliation includes duplication of processes, absence of a screening process, and inaccessibility to professional support. A comparative study with the practice of other jurisdictions was conducted and the result of the study has been made as a basis for forming a proposal to improve the practice of marriage reconciliation under Islamic and non-Muslim family laws in Malaysia. With the findings and proposal discussed in this thesis, it is hoped that it would be taken as the basis for improvising the marriage reconciliation practice in Malaysia.