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 (Unpublished)

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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

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
Last Modified: 27 Mar 2019 03:36
Depositing User: Staf Pendigitalan 1
URI: http://ir.uitm.edu.my/id/eprint/1333

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