"Divorce Cases in Malaysia : Take Marriage

Seriously"
The Statistics Shown by JAKIM Department in "He Forgets
the Food, She the Sugar; They Divorce"- NST, 11 May 2010
at Page 9 Shows a Disturbing Divorce Trend in Malaysia

JEONG CHUN PHUOC, Yahoo! Contributor Network

May 19, 2010 "Contribute content like this. Start Here."

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"Divorce Cases in Malaysia : Take Marriage Seriously"

11th May 2010

The statistics shown by JAKIM Department in "He Forgets the Food, she the sugar; they
divorce"- New Straits Time(NST), 11 May 2010 at page 9 shows a disturbing divorce trend in
Malaysia.

In order to reduce the divorce rate, there is a need to address three fundamental issues in a
marriage institution/relationship at the outset:

1) understanding the cause of 'irreconcilable differences' reason ,

2) revamping the current Pre and Post-marriage Training Course and

3) tackling Islam-conversion divorce cases.

Firstly, 'irreconcilable differences' are, for all purposes and intent, similar to the phrase
'irretrievably broken down' ground for a divorce application in section 53(1) of the Law Reform
(Marriage And Divorce) Act 1976(Law Reform). The 'irretrievably broken down' ground is
always used as a legal reason given by a party seeking to annul a valid marriage and more often
than not, facilitates the success rate in a divorce application.

For the estranged couple, there is a need for the divorce solicitor/lawyer to explain to the
applicant concerned that outside the realm section 53(1) of the Law Reform, there are no
differences that cannot be reconciled. The compulsory counseling/reconciliation session
provided for under section 55('provisions designed to encourage reconciliation') of the said Law
Reform provides for this opportunity. Divorce lawyers must therefore take holistic efforts to
ensure that the estranged parties could give each other a chance to work things out instead of
going for a straight divorce notwithstanding the divorce proceedings.

Irreconcilable differences may in fact include all the other causes shown in the statistics by
Jakim above. If so, such differences are not at all totally 'irreconcilable' because they are
practically reconcilable if each party is willing to work hard to preserve the marriage based on
their 'true love' for each other.
Secondly, it must be made known that the current Pre-marriage Training Course (kursus kahwin)
is flawed in many respects and the SMART-START Post-marriage Course for newly-weds will
not solve the weakness in the

Pre-marriage Training Course unless a legal or 'Family Law component' is incorporated into its
training modules. JAKIM and the National Population & Family Development Board, etc must
therefore take strategic cognizance of this vital legal component so that estranged couple may
seek reconciliation and legal redress/advice at the right forum/venue with a view to preserve their
marriage institution.

Thirdly, divorce by Islam conversion under section 51 ('dissolution on ground of conversion to

Islam') of the Law Reform remains unsatisfactory based on current trend in judicial decisions
and a rather vague track chartered under Article 121(1)(A) of the Federal Constitution which
hitherto, failed to provide a clear path in resolving Islam conversion divorces.

Within the muslim family law confines, muslim couples must give serious thoughts to the Book
of Sunan Abu Daud which reported that the Prophet Muhammad once said :'Of all lawful acts,
the most detestable to God is divorce'. Therefore, divorce should not be the first resort when any
difference between a couple emerges...." Similarly, if a divorce in inevitable, they must observe
the principle laid down in the al-Quran which advocates that 'the parties should either hold
together on equitable terms (ma'ruf) or separate with kindness (ihsan)' (Al-Quran, Surah al-
Baqarah, 2:229).

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