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Divorce Cases in Malaysia


The percentage of divorce is very high in Malaysia. The average of divorce cases in Malaysia based on statistics reaches to 20% per year. The majority of the divorce cases happen to be amongst Muslims as Malaysia is a country that follows Islam. This is the reason that the Muslim scholars as well as the political leaders in the society are trying their best to find out the solution. The points related to a divorce in Malaysia are discussed below.

The word divorce is also known as “Dissolution of Marriage” legally because a person cannot be divorced without having a legal marriage. So, under Malaysia Law Reform which comes under Marriage and Divorce Act 1976, no one is allowed to marry another person when he/she is still married.

Judicial separation

As per divorce cases in Malaysia, a couple cannot be divorced if they have not been married for 24 months or more. In such a situation, they can only consider filing a Judicial Separation. However, both of them cannot remarry as Judicial separation does not legally end a marriage. Judicial separation has only one legal obligation. The petitioner doesn’t require to be living with his/her spouse when the court grants a decree of judicial separation. However, the petitioner still requires filing a petition for divorce after a decree of separation is granted.

Divorces due to unfaithful wives

In the past decade the number of divorce cases in Malaysia has risen up to 20% because of unfaithful wives. The concerns expressed by a Syrian lawyer named Musa Awang were highlighted by “Kosmo” a divorce related magazine. His observations were based on the hundreds of divorce cases that he came across over the past decade.

According to Linda Jamaluddin of the Women, Family and Community Development Ministry the women’s tendency to cheat their male colleagues always backfired. According to her such actions always resulted in forbidden love and infidelity.

Petty reasons for divorce in Malaysia

Petty reasons are the cause of divorce among couples in Putrajaya, one of the districts in Malaysia. The divorce rate in this district has been increasing by as much as three percent in recent times. What’s more concerning is that couples are separating for petty reasons such as, their spouse forgetting to bring home their food of choice. Ghafani Awang , the director of Jakim Family Development attributes this to the fact that these young couples stay in an age of instant gratification.

He also told the case of a young woman who divorced her husband after only three days of marriage as her husband forgot to buy the food she had asked for. A study by Jakim revealed that 40% of divorce cases in Malaysia among the Muslim couples in the last 10 years were due to “irreconcilable differences”.

So when one looks at all the reasons above , it is quite clear that divorce is, in fact not only a matter between the couple, but it also bears legal responsibility.


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