Reviewing Judicial Separation in Malaysia: Creating a Need for Certainty

Abstract

This article intends to explore the law relating to judicial separation in
Malaysia from the perspective of its importance and the issues that have arisen
with respect to its effectiveness, as an avenue to encourage the preservation of
a marriage. The investigation extended to an analysis on the lacuna in law on
judicial separation in Malaysia, specifically with respect to the need for a time
frame, which would essentially create certainty and encourage reconciliation
between the parties. A comparative legal research methodology is employed in
comparing the positions in Malaysia and India. It is hoped that the findings of
this paper on judicial separation, particularly related to the need for a statutory
time frame, will encourage reconciliation between the parties and preserve the
sanctity of marriage, as is envisioned in the concept of a judicial separation.