Insights Into The Inter-Relationship And The Associated Tension Between Shariah And Civil Family Law In Malaysia.

1. Insights Into The Inter-Relationship
And The Associated Tension
Between Shariah And Civil Family
Law In Malaysia.
T5
LIM MIN MIN 1142701603
CHU CIA MIN 1142701002
LEE BAO SHAN 1142701124
GAN WEI CHANG 1142701601

2. Introduction
The family law in Malaysia comprises of :
1) Islamic Law or Shariah Law for all Muslims
contained in state legislation comprising
administrative provisions and the substantive
based on Quran and Sunnah.
2) The Law Reform (Marriage and Divorce Act)
1976 for all non- Muslims

3. Shariah Courts
 Shariah courts for Muslim family matters, which
is in the substantial part of the jurisdiction of all
Shariah courts in any case, and it is a entity.
 The Shariah Courts is prohibited by the Federal
Constitution from assuming jurisdiction over
non-Muslims.

4. Civil Court
 The Civil Court, a federal entity, for non-Muslims families.
 Muslims are expressly excluded from the civil court,
except as respondents.
 The civil courts have encroached on the remit of the
Shariah Courts, in some instances, even in the same
cases.
 The Civil Court will not encroach on matters within the

5. Problems and Difficulties in Applying
Section 51 of LRA

6. 1. The Act gives right only to the non-Muslim spouses to
petition for divorce in civil courts.
2. As Muslims are driven to the Shariah Court, it is ensured
that Islamic law is applied to the Muslims’ positions in their
disputes with their non-Muslim spouses, but it is uncertain
if the civil court would do so if they had not gone to the
Shariah Court.
3. S.51 is not amended to ensure that the non-Muslim wife’s
rights are not affected by the other spouse’s conversion to
Islam.

7. Recommendations and suggestions in
order to improve the application of
Section 51

8. 1. The civil court must take into account the Muslim
spouse’s position under Islamic law and try to achieve
a middle ground.
2. Organise a series of face-to-face meetings between
Muslim and non-Muslim group.
◦ Arrive at fair, practically negotiated, solutions to all
questions of ancillary relief consequential upon
divorce