Registration as legal mechanism to sustain institution of marriage
In Malaysia, different societies express themselves in different ways in performing a marriage ceremony. The non-Muslims in Malaysia practices the dual system of marriage (namely the customary marriage and the civil law of marriage), up to 1 March 1982. After that date, the Law Reform (Marriage...
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| Main Author: | |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2011
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/5667/1/Registration_as_legal_mechanism_to_sustain_institution_of_marriage.pdf http://irep.iium.edu.my/5667/ http://acss.iafor.org/ |
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| Summary: | In Malaysia, different societies express themselves in different ways in performing a marriage
ceremony.
The non-Muslims in Malaysia practices the dual system of marriage (namely the
customary marriage and the civil law of marriage), up to 1 March 1982. After that date, the Law
Reform (Marriage and Divorce) Act 1976 came into effect, and is practised until today.
Previously, marriage under the Chinese customary law was recognised in Peninsular Malaysia by
the application of the principle that where the local law was wholly unsuited to the conditions of
the parties, due to peculiarities of religious opinion and usages, then their own laws and or
usages were applied to them. As such, it is observed that the validity of a Chinese customary
marriage merely requires a consensual marriage and the requirements of a ceremony and a repute
of marriage are evidentiary only and not essential. Unlike the Chinese customary marriage, the
priest solemnising the marriage and the expert evidence findings, relating to the rites and
ceremony rather than the mere intention to form a permanent union, determines the validity of a
Hindu marriage. The discussion proves that requirement of registration is introduced as a
medium to facilitate proof of marriage for the non-Muslims. It is initiated to avoid uncertainty
relating to the status of marriage especially involving marriage solemnized according to customs.
The objective of this paper is to establish that the requirement of registration of marriage is vital
for the sustenance of marriage. It is to manage legal issues pertaining to it and to avoid disputes,
which may give rise to uncertainty in terms of whether a marriage has occurred. It is also to
enlighten the people at large the importance of registration as a legal protection mantle assisting
them (especially the wives and children) when matrimonial difficulties crop up. |
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