The Need for Establishment of a Family Court in Malaysia: An Appraisal

Abstract

The adjudication of family disputes by different courts with different jurisdictions in the present court system is ineffective in providing a comprehensive approach to the management of family-related disputes. Furthermore, the adversarial system of litigation of the present courts in Malaysia negates the possibility of resolving conflicts amicably. The establishment of a family court in Malaysia would be in line with the objective of the National Family Policy which encourages the sustainability of the family institution. Basically, this paper seeks to discuss the concept of family court and the need for its establishment in Malaysia. The paper will also briefly discuss the implementation of family court systems in Australia, Singapore and Egypt as these countries have a well developed family court system. The purpose is to learn from their experiences in providing a comprehensive solution to resolve family related disputes in Malaysia.

The Potential of E-Filing in Cases Involving Family Matters in Malaysian Courts

“…In addition to dealing with child-related matters, Malaysian courts also handle divorce and separation cases. The courts are responsible for issuing divorce orders and making decisions regarding property division, alimony, and child custody [25] [17]. The objective of the courts is to ensure that these issues are resolved fairly and equitably, taking into account the requirements of both parties.…”

“…Although the use of e-filing in numerous areas of law continues to expand, it requires special attention on how it is integrated into family law matters. Divorce, child custody, and spousal support are very delicate and emotional subjects in family law proceedings [17]. The implementation of e-filing in this area can speed up processes and reduce the emotional impact on those concerned.…”

Arbitration as a Mechanism to Resolve Islamic Banking Disputes in Malaysia: Challenges and Drawbacks

“…In 2017, the total assets of the Malaysian Islamic banking amounted to RM610.52 billion (Shen, 2017). The Malaysian Islamic financial system comprises of three major sectors, which are Islamic banking, takaful, and Islamic capital market (Hassan & Hussain, 2011).…”