Domicile Of a Married Woman: Call for Changes

• Main Authors: Abdul Jalil, Najah lnani, Mohd Arshad, 'Ain Husna, Md Saleh, Khuzaimah
• Format: Conference or Workshop Item
• Language: English
• Published: 2022
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/30466/1/SOLAS%20VI_2022_130_133.pdf; https://repo.uum.edu.my/id/eprint/30466/
• Institution: Universiti Utara Malaysia

Under the Malaysian law, domicile of a married woman will follow her husband's so long as the marriage continues. The domicile of one will determine her claim on the issue of administration of marriage, divorce and family matters, distribution of property and other civil matters. The discussion will focus on the application for divorce under section 48 and 49 under the Law Reform (Marriage & Divorce) Act 1976 where the domicile of a wife will determine whether the court in Malaysia will has the jurisdiction to hear such an application. Thus, in accordance with the Sustainable Development Goals (SDG) to fight for gender equality, the question now arises as to the suitability of this rule based on the current situation. This paper will analyse the principle of domicile of a married woman and the courts' approach when exercising judgement in divorce application. The analysis is based on the Law Reform (Marriage & Divorce) Act 1976 and the court cases and its judgement. The finding would shed light on the suitability of this archaic law thus promoting to the public and the policy maker on the changes that should be adopted in ensuring the fairness and justice to the married woman.