Inter-relationship Between Syariah and Civil Family Law in Malaysia

1. Inter-relationship
Between Syariah and
Civil Family Law in
Malaysia
Group T1 : Ooi Liang Chia 1151300882
Lai Yong Jun
Ng Su Yin
Tan Wye Nye 1151300055
Narendran

2. Introduction
• In Malaysia, different community is
governed by different family laws.
• There should be minimal interrelation but
there is much confusion and tension
created by these different family laws.

3. Muslim Civil Society
• Islamic law including Muslim family law was revealed by
Allah SWT- superior to man-made law.
• The family law in Malaysia now comprises of :
(i) Islamic or Syariah law for all Muslims
(ii) The Law Reform(Marriage and Divorce) Act 1976 for
all
non-Muslims
- Syariah Courts for Muslim family matters
- Civil court for non-Muslims families

4. Inter-relationship
Problems(Conversion to Islam)
• The crux of the problem- Section 51 of the Law
Reform(Marriage and Divorce) Act 1976
• The failure to amend s51 of the Act is all the more difficult to
understand as other provisions have been amended to ensure
that the non-Muslim wife’s rights are not affected by the other
spouse’s conversion to Islam, and should discourage
conversion to Islam for the perceived purpose of avoiding
marital obligations

5. • Authoritative Muslim and non-Muslim family laws scholars
and lawyers are of the view that the Act should be amended
to allow the Muslim spouse to go to civil court on his own
initiative as the marriage was at its inception a civil law
marriage.

6. Manifestations of Problem and
Solutions
• Muslim spouse has been denied the right to initiate
proceedings in the civil courts even though all non-Muslim
rights are provided for under the Act.
• By driving Muslims to the Shariah court, the Act has ensured
that Islamic law applied to the Muslims’ positions in their
disputes with their non-Muslim spouses though it’s uncertain
if the civil court would have done so if they had not gone to
the Shariah court.
• Looking at the problems arising in Muslim and non-Muslim
marriages, the requirement of Islamic law that both parties to
the marriage should be Muslims is vindicated.

7. THE END