Divorce under the law reform (marriage and divorce) Act 1976 - An analysis of its rationals / Ishak Mohd Sharif

Mohd Sharif, Ishak (1983) Divorce under the law reform (marriage and divorce) Act 1976 - An analysis of its rationals / Ishak Mohd Sharif. Student Project. Faculty of Law, Shah Alam. (Unpublished)

Abstract

“ The reform to the divorce law under the 1976 Act has not been that all innovative and revolutionary. There are some notable defects, some inevitable others uncalled for. Like a new consumer product in the marked only the package has changed, the ingredients still remain except perhaps with a few additions here and there - What was recognised as a fault principle has been branded as 'irretrievable breakdown'. What was meant to be a simple law suffers a complex disease of legal interpretation. Nevertheless, the Royal Commission should be commended in its effort to unify the law.” …..p. 32 “ Take adultery as an example. It has been recognised as a grave matrimonial misconduct that goes to the root of the marriage. It has been accepted as a cause of marriage breakdown. To disregard it would be contrary to public policy, to adopt it would be contrary to the policy of the new divorce law. It thereby becomes a question of priority. It is no easier than to resolve the problem of the ‘chicken and the egg’, the cause of breakdown or the effects of breakdown”….. p. 33

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Metadata

Item Type: Monograph (Student Project)
Creators:
CreatorsID Num.
Mohd Sharif, IshakUNSPECIFIED
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence
Divisions: Faculty of Law
Item ID: 1333
URI: http://ir.uitm.edu.my/id/eprint/1333

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