Che Soh @ Yusoff, Roslina and Mohd Arshad, Ain Husna and Mohd Zin, Najibah
(2018)
Revisiting the administration of family justice in the family court in Malaysia.
In: UUMILC 2017 9th UUM International Legal Conference, 23-24 Sep 2017, Sintok, Kedah.
Abstract
A ‘family court’ is generally known as a separate division of court that specifically deals with
family disputes. In regulating family matters, there is no doubt that the existence of family law as a body
of law is very important. However, the effectiveness of this law also depends on the institution that
administers the law. In this context, it is the family court. The administration of family justice by the
family court reflects the philosophy of its creation that normally takes into consideration the unique
characteristics of family institution and family conflicts. Accordingly, the family court should be vested
with a comprehensive jurisdiction in family matters and must be able to handle family matters effectively.
The family court is not only act as a judicial institution that determine legal issues, but it also provides
holistic approach and use therapeutic jurisprudence in the resolution of family disputes. In Malaysia,
where dual system of family law applies, family matters of non-Muslims are heard at the civil courts,
whereas for Muslims, it is the Syariah courts. For the purpose of this paper, only the civil courts are
addressed. The creation of a family court at the Kuala Lumpur High Court as a specialized division of
court is among the latest development in the administration of non-Muslim family law in Malaysia. This
study was conducted mainly through library-based research. Field works in the form of interview and
study visit were also carried out.
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