Adequacy of legal protection for women against domestic violence: revisiting the current policies & laws in Malaysia

Despite having sophisticated laws and policies regulating domestic violence, problems on either the husband or wife being battered are endless. Worst still, domestic violence against women has become one of the major problems across the world. It cuts across lines of races, religion, income and classes of people. It is also deeply embedded in all cultures, so much so that millions of women consider it as a way of life. In Malaysia, the issue of domestic violence on women is one of the main agendas of the government’s policy on women. Under this policy, various programmes and laws have been introduced to regulate and control the problem of domestic violence against women. This paper seeks to discuss the Malaysian policy on the protection of women against domestic violence and the current applicable laws and remedies and to present to what degree these laws are adequate in controlling the problem of domestic violence on women in Malaysia

An empirical study on post divorce enforcement of court orders in Malaysia

This study investigates problems on the enforcement of court orders issued by the civil courts in divorce cases in Malaysia. Although the civil courts are guided by comprehensive statutory laws, however, issues on matters related to the enforcement of court orders especially maintenance orders are still unresolved. Therefore, this study is undertaken to examine and identify problems that have caused the failure to enforce these orders, post-divorce. A survey was conducted on one hundred and sixty-seven respondents came from five regions in Malaysia. The survey using questionnaires was the main method of collecting data. To support the empirical evidence, semi-structured interviews were also conducted in this study. The study discloses an obvious co-relation between complex and lengthy processes, unnecessary time consuming and costs inefficiency with the enforcement of orders after the divorce has taken place. This article is a prelude to a projected study on the enforcement of court orders issued by Civil Courts whereby the result will be useful for further improvement of the existing legal provisions in Malaysia

E-maintenance at the syariah court: its effectiveness in helping single mothers in Malaysia

E-Maintenance introduced by the Syariah Court of Malaysia is the only system of its kind available in the Muslims countries. The special feature of this system is its ability to monitor data and history of maintenance order granted by the Syariah Court. Under this system of e-maintenance, every maintenance order granted by the Syariah Court will be entered into the system to enable officials of Family Support Division (BSK) to take pro-active step by contacting the wife to find out whether or not her former husband has complied with the maintenance order issued by the Syariah Court. If BSK staff discovers that ex-husband fails to pay nafkah as ordered by the Court, then the parties will be required to undergo mediation process. The objective of this mediation process is to find out causes of failure of such payment by the husband. For the year 2010, 58% of 852 cases were successfully resolved through mediation throughout Malaysia. However, if the husband still refuses to pay nafkah after mediation sessions end, then the officer will file enforcement actions against the former husband/father in the Syariah Court. There are some form of enforcements that can be carried out by officers of the BSK such as judgment debtor summons, seizure and sale, and Hiwalah

Baseline study on the enforcement of nafkah orders in Selangor Syariah court

This study examines problems on the enforcement of maintenance orders of the Syariah Courts. Despite the fact that Syariah courts are guided by comprehensive statutory laws, however, complaints on matters related with maintenance orders are still unresolved. Therefore this study is undertaken to examine and identify problems that have caused the failure to enforce maintenance orders. Studies conducted show that women and children are the most affected group due to the weak enforcement of the Syariah maintenance court orders. This research uses qualitative approach based on legal doctrine and data. Data are obtained through scrutiny of the files from the court and informants consisting of officers from the Syariah court as well as clients of the court. The study discloses an obvious co-relation between complex and lengthy processes, unnecessary time consuming and costs inefficiency with the enforcement order of maintenance. This article is preamble to a an envisaged study on the enforcement of maintenance order in the Syariah Court of which the result will be useful for further improvement of the existing legal provisions in Malaysia

Baseline study on the enforcement of Syariah maintenance court order in Selangor

This study examines problems on the enforcement of maintenance orders of the Syariah Courts. Despite the fact that Syariah courts are guided by comprehensive statutory laws, however, complaints on matters related with maintenance orders are still unresolved. Therefore this study is undertaken to examine and identify problems that have caused the failure to enforce maintenance orders. Studies conducted show that women and children are the most affected group due to the weak enforcement of the Syariah maintenance court orders. This research uses qualitative approach based on legal doctrine and data. Data are obtained through scrutiny of the files from the court and informants consisting of officers from the Syariah court as well as clients of the court. The study discloses an obvious co-relation between complex and lengthy processes, unnecessary time consuming and costs inefficiency with the enforcement order of maintenance. This article is preamble to a an envisaged study on the enforcement of maintenance order in the Syariah Court of which the result will be useful for further improvement of the existing legal provisions in Malaysia. Keyword: Syariah Court, Maintenance order, Enforcement, Procedur