The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia

Dispute resolution outside of court is not new; societies world-over have long used non-judicial and indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but is almost invariably complicated by the intense and intimate emotions of t...

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Main Authors:	Abdul Hak, Nora, Mohd Hashim, Noraini, Rahmat, Nur Ezan
Format:	Conference or Workshop Item
Language:	English
Published:	2011
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/9386/ http://irep.iium.edu.my/9386/ http://irep.iium.edu.my/9386/1/International_Conference_on_Public_Law_2011.pdf

id	iium-9386
recordtype	eprints
spelling	iium-93862012-02-16T03:40:11Z http://irep.iium.edu.my/9386/ The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia Abdul Hak, Nora Mohd Hashim, Noraini Rahmat, Nur Ezan K Law (General) KPG Malaysia Dispute resolution outside of court is not new; societies world-over have long used non-judicial and indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but is almost invariably complicated by the intense and intimate emotions of the parties in conflict. Therefore, the utilization of other processes, such as conciliation and mediation, independent of litigation will lead to a more satisfactory resolution of disputes rather than relying on the judgments of the court of law. Section 55(2) of the Law Reform (Marriage and Divorce) Act 1976 (the 1976 Act) provides that even when the parties have presented a petition for divorce, if it appears to the court at any stage of the proceedings that there is a reasonable possibility of a reconciliation between them, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to affect such a reconciliation. In the case of a petition for divorce based on the irretrievable breakdown of the marriage, the petitioner must first refer the matrimonial difficulty to a conciliatory body before filing the petition. No person shall petition for divorce, except under sections 51 and 52 of the 1976 Act, unless he or she has first referred the matrimonial difficulty to a conciliatory body and that body has certified that it has failed to reconcile the parties. Practitioners of family law are of the view that the conciliation process in Malaysia has not been very successful in helping disputing couples resolving their problems and this is supported by statistics which shows that the success rate for these reconciliation sessions is very low. This paper will highlight on some emerging issues related to the effectiveness of conciliatory bodies appointed under section 106 of the 1976 Act especially the marriage tribunal under the National Registration Department. It will highlight the problems and constraints faced by the conciliatory bodies and will suggest amendments to the laws and policy. 2011-12-13 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/9386/1/International_Conference_on_Public_Law_2011.pdf Abdul Hak, Nora and Mohd Hashim, Noraini and Rahmat, Nur Ezan (2011) The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia. In: International Conference on "Emerging Issues in Public Law: Challenges and Perspectives" 2011 , 13th - 14th December 2011, The Faculty of Law, Universiti Teknologi MARA (UiTM). (Unpublished) http://law.uitm.edu.my/ICPL2011/index.php?option=com_content&view=article&id=51&Itemid=62
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Abdul Hak, Nora Mohd Hashim, Noraini Rahmat, Nur Ezan The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia
description	Dispute resolution outside of court is not new; societies world-over have long used non-judicial and indigenous methods to resolve conflicts. Family disputes, more often than not, are rarely concerned with matters of fact but is almost invariably complicated by the intense and intimate emotions of the parties in conflict. Therefore, the utilization of other processes, such as conciliation and mediation, independent of litigation will lead to a more satisfactory resolution of disputes rather than relying on the judgments of the court of law. Section 55(2) of the Law Reform (Marriage and Divorce) Act 1976 (the 1976 Act) provides that even when the parties have presented a petition for divorce, if it appears to the court at any stage of the proceedings that there is a reasonable possibility of a reconciliation between them, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to affect such a reconciliation. In the case of a petition for divorce based on the irretrievable breakdown of the marriage, the petitioner must first refer the matrimonial difficulty to a conciliatory body before filing the petition. No person shall petition for divorce, except under sections 51 and 52 of the 1976 Act, unless he or she has first referred the matrimonial difficulty to a conciliatory body and that body has certified that it has failed to reconcile the parties. Practitioners of family law are of the view that the conciliation process in Malaysia has not been very successful in helping disputing couples resolving their problems and this is supported by statistics which shows that the success rate for these reconciliation sessions is very low. This paper will highlight on some emerging issues related to the effectiveness of conciliatory bodies appointed under section 106 of the 1976 Act especially the marriage tribunal under the National Registration Department. It will highlight the problems and constraints faced by the conciliatory bodies and will suggest amendments to the laws and policy.
format	Conference or Workshop Item
author	Abdul Hak, Nora Mohd Hashim, Noraini Rahmat, Nur Ezan
author_facet	Abdul Hak, Nora Mohd Hashim, Noraini Rahmat, Nur Ezan
author_sort	Abdul Hak, Nora
title	The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia
title_short	The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia
title_full	The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia
title_fullStr	The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia
title_full_unstemmed	The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia
title_sort	emerging issues under section 106 of the law reform (marriage and divorce) act 1976: a need for family mediation in malaysia
publishDate	2011
url	http://irep.iium.edu.my/9386/ http://irep.iium.edu.my/9386/ http://irep.iium.edu.my/9386/1/International_Conference_on_Public_Law_2011.pdf
first_indexed	2023-09-18T20:19:05Z
last_indexed	2023-09-18T20:19:05Z
_version_	1777407985280090112

The emerging issues under Section 106 of the Law Reform (Marriage and Divorce) Act 1976: a need for family mediation in Malaysia

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