A study on the socio-legal needs for the establishment of family court in Malaysia

Abstract

The dissertation examines the need to have a family court in Malaysia from socio-legal perspective. The proposal is based on the ground that the present system does not provide a unified court which has a comprehensive policy and an integrated jurisdiction to deal with all family related disputes. This has caused hardship to the parties because they have to run from one court to another in order to get settlement for their cases. It is worse in the case of domestic violence and dissolution of marriage due to conversion of either spouses into Islam. The court procedures are quite complicated, while the adversarial system of litigation left a traumatic effect to the family members. This present situation deserved to get special concern from the authorities. This study also provides a specific chapter to examine the administration of family courts in other countries, especially in Australia and Singapore. A study is also conducted to identify the general framework of a family court that suits with Malaysian context. Reference for this dissertation has been made to a number of contemporary textbook and a few classical textbooks, refereed journal articles, reports, conference papers, newspaper cuttings and online resources. Other than that, Malaysian and foreign statutes as well as a few decided cases are also important references. The study revealed that the non-existence of a family court with an integrated jurisdiction and comprehensive policy over all family-related cases has caused dissatisfaction among the parties who are dealing with the court. Family disputes also have a few distinctive features that differentiate them from any other civil cases. It is suggested that family cases deserved special attention and require more than just a court of law. The role of family court is not only as an adjudicator, but most importantly as a mediator that helps the parties to find a settlement harmoniously. Therefore, this study suggests a family court to be established in Malaysia.