REPERCUSSIONS OF MARITAL INFIDELITY IN MALAYSIA: A LEGAL RESPONSE

Abstract

In today’s modern society, marital infidelity has become a dangerous threat to married life. Married couples are seen to be ‘comfortable’ in engaging in relationships with third parties. Such a trend has greatly contributed to the breakdown of marriages and subsequently led to the increase in the number of divorces and thus threatening the family institution. There are diverse causes for the prevalence of marital infidelity and this includes marriage boredom, unrealistic expectations, conflicts and misunderstandings between the husband and the wife. Although the seriousness of the affairs is widely recognized but marital infidelity is not considered as an offence in many jurisdictions including Malaysia. The objective of this article is to discuss the legal repercussions of marital infidelity in Malaysia and to consider whether existing legal solutions through the enforcement of law is an adequate mechanism to curb this social problem. The methodology adopted in this study is based on the content analysis of reports, case laws, leading textbooks and journal articles. The article is significant as it addresses crucial concerns over the adequacy of existing laws relating to the protection of the marriage and family institutions in Malaysia. The article is concluded with a series of recommendations and suggestions for improvements in existing law through appropriate legal mechanisms so as to curb the issue of marital infidelity in order to preserve the well-being of the family institution as a whole.