Non-Muslim Divorce

DivorceIn Malaysia, the current law governing divorce for non-muslims is the Law Reform (Marriage and Divorce) Act 1976. Of late, there are some controversies regarding the divorce procedures for a non-muslim couple whereby one of the partners have converted to Islam as his or her religion of choice. The recent Federal Court judgment in Subashini’s case remains some sort of headache for such a couple as it created some form of lacuna by saying that the civil and syariah courts are of equal standing and both can issue directions or orders notwithstanding the civil court remaining the correct forum for the dissolution of the civil marriage.

For other non-muslim couples without such a headache, the provisions in Section 8 and Section 4(3) of the Law Reform (Marriage and Divorce) Act 1976 states the instances where a marriage can be dissolved. The former applies to marriages solemnized from 1st of March, 1982 whilst the latter applies to marriages solemnized prior to that date.

Section 8 provides that such marriages may be dissolved on the death of one of the parties, or by order of a court of competent jurisdiction (i.e. a decree of divorce), or by a decree made by a court of competent jurisdiction that the marriage is null and void (i.e. a decree of nullity).

Section 4(3) provides that every such marriage existing prior to that date, unless void under the law, religion, custom or usage under which it was solemnized, shall continue until it is dissolved by the death of one of the parties, or by order of a court of competent jurisdiction (i.e. a decree of divorce) or by a decree of nullity made by a court of competent jurisdiction. In other words, unless the marriage is not valid, it shall continue to subsist until it is dissolved in either of the three scenarios given. Read more

Why Purchase Home Insurance Coverage?

House floodAre you a house owner? Are you a tenant? Either way, you probably have belongings in the house which you need to protect against loss or damage. As a house owner, the protection starts from the building itself right down to the contents (from your furniture to your monies kept at home). As a tenant, the protection may be confined to your personal belongings which you brought into the house. Is it necessary to purchase home insurance coverage? Why spend money annually to purchase home insurance coverage?

 

The answer would be obvious. You have worked so hard to purchase a house. You may even have taken a loan to finance the purchase. Imagine what would happen if a fire razes the house down. Not only will you lose the roof over your head, you will still need to service the loan (though I must say that in almost all instances, the financial institutions would require that insurance be purchased to cover their financial interest in the house). That would be double tragedy. The importance of protection over the asset (your house) which is probably your most valuable asset cannot be over emphasised.

 

Next, imagine having your priceless collection of compact discs or state of the art hi-fi system being stolen by burglars. And the door or window to your house damaged by the intruders. Not only will you probably have to spend a fortune replacing the stolen items, you will also have to fork out money to engage a contractor to replace the damaged door or window. A home insurance package can help to relieve you during these time of needs. Read more

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