A study on laws and policies on filial responsibility in Malaysia

Abstract

Aging is a global concern for countries around the world including Malaysia. This study examines adequacy of laws and policies concerning the responsibility of the children towards their older parents. This study is done in order to discover the interaction between policy and law in relating to filial responsibility in Malaysia focusing on enforcing and encouraging the practice of filial responsibility within the society. Policies in Malaysia were studied by focusing in area where it shows government action and support towards filial relationship. Malaysian Policies since the middle of 1980s until the recent time were critically analysed. Beside than library research, interview with officer from Ministry of Women, Family and Community Development and Ministry of Health were made to understand better the implementation of the policies regarding older people. Action taken by the relevant agencies under these policies was also studied to identify how far the policies are implemented and how far it is effective in protecting the practice of filial support in the society. Laws were also studied to identify how far the filial responsibility is protected by the Malaysian law. Comparative study was done on laws and policies implemented in United States of America, Singapore and identified Muslim countries. The comparative study done is for the purpose of identifying best practices from these countries in consideration of implementation in Malaysia. The study shows that policy focusing on filial responsibility only come into discussion during the 90s. However the concern was merely focusing on education and awareness and there are lacking of government support towards adult children who are caring for their older people. Furthermore, the right for filial support by the older parents are not specifically upheld by the law and there is nowhere stated specifically for such right in Malaysia law. Hence, older parents in Malaysia would face difficulties in requesting court assistant for protection of such rights and to uphold the right of the older parents who are poor to be maintained by their adult children through legislation in substantive as as well as its enforcement.