DIVORCE? These Are Your Rights.
In Malaysia, non-Muslim women have the right to divorce their husbands, but the process can be complex and time-consuming. The legal system in Malaysia is divided into two parts: civil law and Sharia law. Civil law governs non-Muslims, while Sharia law governs Muslims.
For non-Muslims, the law governing divorce is the Law Reform (Marriage and Divorce) Act 1976. This law applies to marriages registered under civil law and covers all aspects of divorce, including the grounds for divorce, the procedure, and the division of property.
Under the Law Reform (Marriage and Divorce) Act 1976, a woman can file for divorce on several grounds, including adultery, cruelty, desertion, and irretrievable breakdown of the marriage. To file for divorce, the woman must first obtain a certificate of non-consummation from a doctor or a court order. This certificate or court order confirms that the marriage has not been consummated.
Once the woman has obtained the certificate or court order, she can file for divorce in the High Court or the Subordinate Court. The divorce proceedings can be lengthy, as both parties must attend court hearings and provide evidence to support their case. The court will also consider the welfare of any children of the marriage when deciding.
In Malaysia, property division is governed by the Civil Law Act of 1956. Under this law, property acquired during the marriage is considered joint property and is divided equally between the parties in the event of a divorce. However, the court can adjust the division of property based on the needs of the parties and the welfare of any children of the marriage.
In conclusion, non-Muslim women in Malaysia have the right to divorce their husbands under the Law Reform (Marriage and Divorce) Act 1976. The process can be complex and time-consuming, but with the help of a competent lawyer, women can successfully navigate the legal system and obtain a divorce on reasonable grounds. The law also provides for property division between the parties in the event of a divorce, ensuring that women are not left financially disadvantaged.