The socio-legal aspect of same-sex marriage in Malaysian context

Abstract

Summary: This dissertation examines the socio-legal impacts of the same-sex marriage; addressing three types of relationships i.e. homosexuals, lesbians and transsexuals. Currently not recognized in Malaysia, however this research is undertaken to identify relevant issues surrounding such relationships especially on matters that relate to human rights. This study is based on the premise that same-sex marriage is harmful and contributes to the damage of family social structure. For this reason, relevant statutory provisions in Malaysia and selected countries will be examined, involving selected literature relevant to the subject and internet materials since access to literature in countries where same-sex marriage have been recognized are limited. This task is accomplished by studying the social and legal problems faced by those who approve same-sex marriage and the issues involved, in order to bring out the justification for any approval or rejection of such marriage. Relevant cases being decided on this matter are also referred to assist this study. This study concludes that same-sex marriage warrants no legal recognition, appreciating the fact that human rights never socially and legally violate the nature and norms of human life, leading to the erosion of society social structure. It is hoped that this research will serve as a contribution in protecting and safeguarding the legal heterosexual marriage since it is a contract that covers both legal and social aspects of human life. Hence any violation of such contract would not only affect the welfare and interest of parties involved, but also of society at large.