Comparison of Marriage Dissolution from the Perspectives of Civil and Sharia Law in the Federal Territories of Malaysia

Abstract

This article looks at an analysis of the Law Reform (Marriage and Divorce) Act 1976 [Act 164] ('the LRA') and the Islamic Family Law (Federal Territories) Act 1984 [Act 303] regarding the scope, process and principles for divorce in Malaysia. This article is a comparative study of the two Acts and outlines the marriage duration, forms of divorce, reconciliation process and court jurisdictions. The results suggest Act 164 is relatively secular, primarily concerned with rights of individual and formal judicial due process only, while Act 303 is based on Sharia values that support morality and religious obligations as well as social justice in separation. Despite difference in approach and underlying philosophy, both the legal systems share the common goal of ensuring justice and other welfare interests for couples and the family institution in Malaysia’s plural society. The study has dominated positive impacts, in terms of increasing public knowledge about the differences in jurisdiction and principles between two systems, i.e., general law (civil) with Islamic law (Sharia), which will reduce confusion around interfaith divorces or a change of religion. Additionally, this article is an important contribution for policy developers, legal practitioners; religious scholars and family centre in developing more relevant household justice policies to promote interfaith tolerance and social harmony in Malaysia.