The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law
The status of “wife” confers on a woman a legal standing in relation to her husband which accords on her certain legal rights. In the context of Malaysian civil law this includes the right to initiate a claim in tort for any injuries or loss suffered by her deceased husband arising from the negligen...
| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
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2016
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| Online Access: | http://eprints.usm.my/31314/ http://eprints.usm.my/31314/1/Mageswary_Siva_Subramaniam1.pdf |
| _version_ | 1848876536791302144 |
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| author | Siva Subramaniam, Mageswary Mohd Yusof, Yusnita Johari, Darina |
| author_facet | Siva Subramaniam, Mageswary Mohd Yusof, Yusnita Johari, Darina |
| author_sort | Siva Subramaniam, Mageswary |
| building | USM Institutional Repository |
| collection | Online Access |
| description | The status of “wife” confers on a woman a legal standing in relation to her husband which accords on her certain legal rights. In the context of Malaysian civil law this includes the right to initiate a claim in tort for any injuries or loss suffered by her deceased husband arising from the negligence of another. Such a right is conferred under s.7of the Civil Law Act 1956. The Court of Appeal in a recent unanimous decision in Tan Siew Sen & Others v Nick Abu Dusuki Bin Hj Abu Hassan [Civil Appeal No.B-04-249-09/2014] has ruled, that in the context of Non- Muslim marriages, only registration will confer the status of “wife” for the purpose all civil actions and thereby has narrowed the legal definition of the term “wife” in Malaysian civil law. The ruling of the court has the effect extending the application and scope of the Law Reform (Marriage & Divorce) Act 1976 beyond the parameters. Objectives: The objective of this paper is to assess the social justice ramifications of narrowing the legal definition of “wife” for civil actions in Malaysia, with particular reference to the interpretation of s.7 of the Civil Law Act 1956 which is a statutory provision applicable to both Muslims and Non –Muslims alike. Methodology: Doctrinal legal research/qualitative. Conclusion: The narrow interpretation is contrary to legislative intent and will result is social injustice of its preamble and thereby judicially transforming the definition of the term “wife” in Malaysia. |
| first_indexed | 2025-11-15T17:01:07Z |
| format | Conference or Workshop Item |
| id | usm-31314 |
| institution | Universiti Sains Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T17:01:07Z |
| publishDate | 2016 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | usm-313142016-12-23T01:31:34Z http://eprints.usm.my/31314/ The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law Siva Subramaniam, Mageswary Mohd Yusof, Yusnita Johari, Darina B1-5802 Philosophy (General) The status of “wife” confers on a woman a legal standing in relation to her husband which accords on her certain legal rights. In the context of Malaysian civil law this includes the right to initiate a claim in tort for any injuries or loss suffered by her deceased husband arising from the negligence of another. Such a right is conferred under s.7of the Civil Law Act 1956. The Court of Appeal in a recent unanimous decision in Tan Siew Sen & Others v Nick Abu Dusuki Bin Hj Abu Hassan [Civil Appeal No.B-04-249-09/2014] has ruled, that in the context of Non- Muslim marriages, only registration will confer the status of “wife” for the purpose all civil actions and thereby has narrowed the legal definition of the term “wife” in Malaysian civil law. The ruling of the court has the effect extending the application and scope of the Law Reform (Marriage & Divorce) Act 1976 beyond the parameters. Objectives: The objective of this paper is to assess the social justice ramifications of narrowing the legal definition of “wife” for civil actions in Malaysia, with particular reference to the interpretation of s.7 of the Civil Law Act 1956 which is a statutory provision applicable to both Muslims and Non –Muslims alike. Methodology: Doctrinal legal research/qualitative. Conclusion: The narrow interpretation is contrary to legislative intent and will result is social injustice of its preamble and thereby judicially transforming the definition of the term “wife” in Malaysia. 2016-11-16 Conference or Workshop Item PeerReviewed application/pdf en http://eprints.usm.my/31314/1/Mageswary_Siva_Subramaniam1.pdf Siva Subramaniam, Mageswary and Mohd Yusof, Yusnita and Johari, Darina (2016) The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law. In: 3rd KANITA POSTGRADUATE INTERNATIONAL CONFERENCE ON GENDER STUDIES, 16 – 17 November 2016, Universiti Sains Malaysia, Penang. |
| spellingShingle | B1-5802 Philosophy (General) Siva Subramaniam, Mageswary Mohd Yusof, Yusnita Johari, Darina The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law |
| title | The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law |
| title_full | The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law |
| title_fullStr | The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law |
| title_full_unstemmed | The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law |
| title_short | The Social Justice Ramifications Of Narrowing The Legal Definition Of “Wife’ In Malaysian Civil Law |
| title_sort | social justice ramifications of narrowing the legal definition of “wife’ in malaysian civil law |
| topic | B1-5802 Philosophy (General) |
| url | http://eprints.usm.my/31314/ http://eprints.usm.my/31314/1/Mageswary_Siva_Subramaniam1.pdf |