THE RATIONALITY OF LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 TO THE SENSITIVITY OF THE MULTI-RELIGIOUS COMMUNITY IN MALAYSIA

Abstract

This paper is to discuss about to what extent does the Law Reform (Marriage and Divorce) Act 1976 adapt to the sensitivity of the multi-religious community in Malaysia. As Malaysians are of different races, there is a multi-faith society in this country. The Law Reform (Marriage and Divorce) Act is enacted to deal with the non-Muslims marriages while the Muslims’ are administered by the Islamic family law. So, whether or not the application of the Law Reform (Marriage and Divorce) Act 1976 can adapt well to the sensitivity of the multi-religious society is very important in order to preserve the peace in this country.  The issues of section 51 including the converted spouse cannot apply to petition for divorce in civil court, the rights of non-convert spouse if he or she refuses to petition for divorce, and whether the converted party will be guilty of an offence in civil courts if she marries again after the Shariah Court has declared that the marriage concerned is dissolved. The issues have caused much problems, confusion and conflict of interest between the spouses concerned. These issues are to be identified and discussed with some suggestions given in order to rectify it.