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Handbook on Family Law Practice in Malaysia: Commentary, Procedures and Forms
Handbook on Family Law Practice in Malaysia: Commentary, Procedures and Forms
2019-5-23C. C. S. Yoon | F. W. S. Ling
Handbook on Family Law Practice in Malaysia: Commentary, Procedures and Forms is a complete hands-on-guide on family law practice in Malaysia. This book discusses the procedural parts of family law practice that apply to non-muslims throughout Malaysia, i.e Peninsular Malaysia and Sabah and Sarawak.
 
It discusses and explains the applicability of the governing statutory provisions, mainly the Law Reform (Marriage and Divorce) Act 1976 and the Divorce and Matrimonial Proceedings Rules 1980. The court forms are provided as samples to be adapted and modified accordingly for use in actual family litigation practice.
 
This book covers the topics that are commonly involved in family disputes, including judicial separation, divorce, nullity, custody of children, ancillary relief and injunction against molestation.
 
KEY FEATURES:
  • Contains practical notes and procedures on family law practice in Malaysia, with commentary on statutory provisions, case law and court forms
  • Discusses difficult topics often misinterpreted in current family law practice, with critical commentary on conflicting areas, including the procedures which are often overlooked in practice
  • Provides generally applicable templates of the court forms that are required to be filed in family law litigation
  • Template court forms are provided in Bahasa Melayu which is the language used for the filing of documents in court in West Malaysia
  • Explanatory notes on the usage of the templates are available in English
  • Supported by procedural tables which provide step-by-step guidance on procedures for different applications together with the applicable timelines

 

Format

eBook

Price

(starting at)

RM 205.29

Malaysian Law on Division of Matrimonial Assets, Second Edition
Malaysian Law on Division of Matrimonial Assets, Second Edition
2021-11-1Wui Kiat

In the breakdown of a marriage, one of the most important considerations for divorcing parties (alongside the custody and care of children of the marriage) is the division of matrimonial assets.

Malaysian Law on Division of Matrimonial Assets (Second Edition) is a comprehensive text covering all the principles which govern the judicial division of matrimonial assets incidental to a court decree of divorce or judicial separation. The main provisions of the Law Reform (Marriage and Divorce) Act 1976 (“LRA 1976”) and its accompanying rules, the Divorce and Matrimonial Proceedings Rules 1980 that govern this area of law in relation to non-Muslims are analysed and explained in great depth and detail. The law applicable to Muslims and the application of native customary laws are also covered.

To elucidate the application of the law in various factual scenarios, copious court decisions – selected from Malaysia and countries with similar laws, such as the UK, Singapore and Australia – are thoroughly reviewed, to provide a good grasp of the different considerations in ascertaining how matrimonial assets should be divided. Important issues such as what constitutes matrimonial assets, the duty to make full disclosure, and the relationship between the law on division of matrimonial assets and other laws such as contract, trust, and succession laws are given due focus.

This second edition has been updated with two new chapters: Chapter 15 covers the nexus test for determining whether an asset is to be regarded as matrimonial property and the division of such properties, which was introduced in Yap Yen Piow v Hee Wee Eng. Chapter 16 surveys the Law Reform (Marriage and Divorce) (Amendment) Act 2017, and its impact on section 76 of the LRA 1976 for the purposes of division of matrimonial assets.

Family law practitioners will welcome the treatment given to practical matters such as the procedure for making an application for property division, the types of orders that a court may issue, and the means available to resist attempts to defeat any potential claim for division of matrimonial assets, as well as the methods of enforcement when there is non-compliance with a division order.

Key Developments Covered in this Edition

  • Chapter 6 provides discussion on key authorities such as Hong Leong Finance Bhd v Low Thiam Hoe (2016) (leave for amendment of pleadings), Liew Chong Yee v Chai Yem You (2020) (amendments of pleadings after close of pleadings and commencement of trial), Ng Yuet Mooi v Leong Yee Heim (2018) (the time to make applications for orders for ancillary relief) and Ng Boon Chwee v Yan Shuwei (2018) (rescission of decree nisi).
  • Chapter 8 discusses fragmentation of ownership (Tan Su Lin v Andrew Lim (2018)).
  • The Nexus Test in Yap Yen Piow v Hee Wee Eng (2017) is discussed extensively, including a review of its application in recent cases like Wong Chong Kiew v Lee Hock Seng (2019), Poonageswari a/p P Krishnan v Bailand a/l Govindanam (2019) and Wong Chong Kiew v Lee Hock Seng (2019).
  • The workings of the Law Reform (Marriage and Divorce) (Amendment) Act 2017 are explored in detail in cases such as Kamalahasan a/l Singaram v Portia Ceri Poorans (2019), Shilashshree Shirely Gomez v Raymond Shilendran a/l Simon (2019), Theynarasi a/p Selambaram v Periasamy a/l Chinnappan (2019).
     

Format

eBook

Price

(starting at)

RM 354.59

Malaysian Practice Series - Law and Practice of Family Law in Malaysia
Malaysian Practice Series - Law and Practice of Family Law in Malaysia
2019-4-5L. S. Seng | R. C. Soh | A. H. M. Arshad | F. Y. Ngo | K. Dhaliwal | A. L. H. Yong | T. L. Khim | A. Selvaraj | W. W. Kiat | K. W. Hin | J. Y. J. Yuen | B. S. Sidhu | V. A. Alahakone | K. Kualasagram | N. Wee | L. L. Ching | N. M. Zin | N. A. Hak
This textbook provides practical insights and guidance from an experienced group of family law practitioners which will be invaluable in navigating the tumultuous waters of a family dispute. Contemporary challenges (ranging from the dissolution of marriage to conflicts of laws in matrimonial disputes in other jurisdictions in the civil courts) which face both practitioners and judges, are addressed by incisive analysis and commentary.
 
The recent Law Reform (Marriage and Divorce) (Amendment) Act 2017 is discussed in detail. This book also explores the Syariah Court system, providing an overview of Islamic law as it pertains to family matters, whether they are resolved in the Syariah Court or by alternative dispute resolution.
 
This book deals comprehensively with family law in Malaysia with particular emphasis on the Law Reform (Marriage and Divorce) Act 1976 with respect to non- Muslim marriage, divorce and ancillary reliefs. The practical approach taken by this book greatly helps both those who are new to family law in Malaysia as well as lawyers who would find the materials and references in this book a useful point of first reference. 
 
KEY FEATURES
  • Contains a wealth of practical guidance on family law practice
  • Panel of contributors consists of experienced family law practitioners
  • Fully up-to-date with relevant statutory provisions
  • Replete with invaluable leading local and foreign case authorities
  • Illuminates the difficult areas of family law practice, including child abduction, unilateral conversion, and domestic violence

Format

eBook

Price

(starting at)

RM 345.25

Islamic Family Law in Malaysia, Second Edition
Islamic Family Law in Malaysia, Second Edition
2021-9-9N. Mohd Zin | N. Abdul Hak | A. Mohd | N. Abdul Malek | N. Ibrahim | R. Che Soh | N. Md Hashim | B. Ibrahim

This is a complete and up-to-date textbook on Islamic family law in Malaysia. The topics are carefully surveyed and the discussion is adequately supported by legal sources and religious authorities. The views and practices of the different schools of thought are considered to ensure a comprehensive treatment of the issues that arise. 

The second edition of this book updates the application of Islamic family law in the Syariah Courts as well as expounds on new amendments to the existing Islamic family law statutes applicable in Malaysia. The book consists of 17 chapters addressing selected major issues pertaining to Islamic family law matters, namely betrothal, requirements of a valid marriage and its registration, mahr, polygamy, reconciliatory committee and hakam, types and methods of divorce, 'iddah and ruju', maintenance and its enforcement, as well as ancillary matters such as mut'ah, distribution of matrimonial assets, legitimacy of children, adoption and custody of children.

Besides serving as a valuable guide to law practitioners, this book should prove to be a useful textbook in English for law students.

KEY FEATURES

  • Written by a team of experienced Islamic family law lecturers from the International Islamic University Malaysia.
  • Incorporates the latest amendments to applicable legislation and the rulings contained in all major cases.
  • Introduces two new Chapters, i.e. Conciliatory Committee (JKP) and Hakam (Arbitrator) under the Islamic Family Law Act/Enactment and Period of ‘Iddah (‘Iddah) and Resumption of Conjugal Relation (Ruju’).
  • Includes comparative analysis with the law of other countries which practise Shariah law where relevant.
  • Discussion is supported by the guidance of Islamic scholars. 

 

Format

Book & eBook

Price

(starting at)

RM 312.00

Islamic Family Law in Malaysia, Second Edition
Islamic Family Law in Malaysia, Second Edition
2021-9-9N. Mohd Zin | N. Abdul Hak | A. Mohd | N. Abdul Malek | N. Ibrahim | R. Che Soh | N. Md Hashim | B. Ibrahim

This is a complete and up-to-date textbook on Islamic family law in Malaysia. The topics are carefully surveyed and the discussion is adequately supported by legal sources and religious authorities. The views and practices of the different schools of thought are considered to ensure a comprehensive treatment of the issues that arise. 

The second edition of this book updates the application of Islamic family law in the Syariah Courts as well as expounds on new amendments to the existing Islamic family law statutes applicable in Malaysia. The book consists of 17 chapters addressing selected major issues pertaining to Islamic family law matters, namely betrothal, requirements of a valid marriage and its registration, mahr, polygamy, reconciliatory committee and hakam, types and methods of divorce, 'iddah and ruju', maintenance and its enforcement, as well as ancillary matters such as mut'ah, distribution of matrimonial assets, legitimacy of children, adoption and custody of children.

Besides serving as a valuable guide to law practitioners, this book should prove to be a useful textbook in English for law students.

KEY FEATURES

  • Written by a team of experienced Islamic family law lecturers from the International Islamic University Malaysia.
  • Incorporates the latest amendments to applicable legislation and the rulings contained in all major cases.
  • Introduces two new Chapters, i.e. Conciliatory Committee (JKP) and Hakam (Arbitrator) under the Islamic Family Law Act/Enactment and Period of ‘Iddah (‘Iddah) and Resumption of Conjugal Relation (Ruju’).
  • Includes comparative analysis with the law of other countries which practise Shariah law where relevant.
  • Discussion is supported by the guidance of Islamic scholars. 

 

Format

eBook

Price

(starting at)

RM 279.94

Malaysian Practice Series - Law and Practice of Family Law in Malaysia
Malaysian Practice Series - Law and Practice of Family Law in Malaysia
2019-4-5L.S. Seng|R.C.S. @ Yusoff|A.H.M. Arshad
This textbook provides practical insights and guidance from an experienced group of family law practitioners which will be invaluable in navigating the tumultuous waters of a family dispute. Contemporary challenges (ranging from the dissolution of marriage to conflicts of laws in matrimonial disputes in other jurisdictions in the civil courts) which face both practitioners and judges, are addressed by incisive analysis and commentary.
 
The recent Law Reform (Marriage and Divorce) (Amendment) Act 2017 is discussed in detail. This book also explores the Syariah Court system, providing an overview of Islamic law as it pertains to family matters, whether they are resolved in the Syariah Court or by alternative dispute resolution.
 
This book deals comprehensively with family law in Malaysia with particular emphasis on the Law Reform (Marriage and Divorce) Act 1976 with respect to non- Muslim marriage, divorce and ancillary reliefs. The practical approach taken by this book greatly helps both those who are new to family law in Malaysia as well as lawyers who would find the materials and references in this book a useful point of first reference. 
 
KEY FEATURES
  • Contains a wealth of practical guidance on family law practice
  • Panel of contributors consists of experienced family law practitioners
  • Fully up-to-date with relevant statutory provisions
  • Replete with invaluable leading local and foreign case authorities
  • Illuminates the difficult areas of family law practice, including child abduction, unilateral conversion, and domestic violence

Format

Book & eBook

Price

(starting at)

RM 384.80

Malaysian Law on Division of Matrimonial Assets, Second Edition
Malaysian Law on Division of Matrimonial Assets, Second Edition
2021-11-1Wui Kiat, W.

In the breakdown of a marriage, one of the most important considerations for divorcing parties (alongside the custody and care of children of the marriage) is the division of matrimonial assets.

Malaysian Law on Division of Matrimonial Assets (Second Edition) is a comprehensive text covering all the principles which govern the judicial division of matrimonial assets incidental to a court decree of divorce or judicial separation. The main provisions of the Law Reform (Marriage and Divorce) Act 1976 (“LRA 1976”) and its accompanying rules, the Divorce and Matrimonial Proceedings Rules 1980 that govern this area of law in relation to non-Muslims are analysed and explained in great depth and detail. The law applicable to Muslims and the application of native customary laws are also covered.

To elucidate the application of the law in various factual scenarios, copious court decisions – selected from Malaysia and countries with similar laws, such as the UK, Singapore and Australia – are thoroughly reviewed, to provide a good grasp of the different considerations in ascertaining how matrimonial assets should be divided. Important issues such as what constitutes matrimonial assets, the duty to make full disclosure, and the relationship between the law on division of matrimonial assets and other laws such as contract, trust, and succession laws are given due focus.

This second edition has been updated with two new chapters: Chapter 15 covers the nexus test for determining whether an asset is to be regarded as matrimonial property and the division of such properties, which was introduced in Yap Yen Piow v Hee Wee Eng. Chapter 16 surveys the Law Reform (Marriage and Divorce) (Amendment) Act 2017, and its impact on section 76 of the LRA 1976 for the purposes of division of matrimonial assets.

Family law practitioners will welcome the treatment given to practical matters such as the procedure for making an application for property division, the types of orders that a court may issue, and the means available to resist attempts to defeat any potential claim for division of matrimonial assets, as well as the methods of enforcement when there is non-compliance with a division order.

Key Developments Covered in this Edition

  • Chapter 6 provides discussion on key authorities such as Hong Leong Finance Bhd v Low Thiam Hoe (2016) (leave for amendment of pleadings), Liew Chong Yee v Chai Yem You (2020) (amendments of pleadings after close of pleadings and commencement of trial), Ng Yuet Mooi v Leong Yee Heim (2018) (the time to make applications for orders for ancillary relief) and Ng Boon Chwee v Yan Shuwei (2018) (rescission of decree nisi).
  • Chapter 8 discusses fragmentation of ownership (Tan Su Lin v Andrew Lim (2018)).
  • The Nexus Test in Yap Yen Piow v Hee Wee Eng (2017) is discussed extensively, including a review of its application in recent cases like Wong Chong Kiew v Lee Hock Seng (2019), Poonageswari a/p P Krishnan v Bailand a/l Govindanam (2019) and Wong Chong Kiew v Lee Hock Seng (2019).
  • The workings of the Law Reform (Marriage and Divorce) (Amendment) Act 2017 are explored in detail in cases such as Kamalahasan a/l Singaram v Portia Ceri Poorans (2019), Shilashshree Shirely Gomez v Raymond Shilendran a/l Simon (2019), Theynarasi a/p Selambaram v Periasamy a/l Chinnappan (2019).
     

Format

Book & eBook

Price

(starting at)

RM 395.20

Divorce and Matrimonial Proceedings Rules 1980: Commentary and Cases
Divorce and Matrimonial Proceedings Rules 1980: Commentary and Cases
2020-7-24N.C. Abdullah
This book provides insightful commentary and discussion of cases on the Divorce and Matrimonial Proceedings Rules 1980 ("DMPR 1980'') and the Married Women and Children (Enforcement of Maintenance) Act 1968 ("MWCEMA"), with reference made to related legislation that regulate the dissolution of non-Muslim marriages in Malaysia. The commentary and cases are meant to benefit both students and practitioners alike in the application of the DMPR 1980 and the MWCEMA in divorce and matrimonial proceedings.
 
The commentary and cases on the MWCEMA should provide a better perspective of the enforcement of maintenance which is one of the common issues surfacing in the family courts. This book is complemented with useful Appendices that elaborate on the enforcement of maintenance.
 
This book is an invaluable guide to understand divorce and matrimonial proceedings - the flow and procedure of each and every divorce and ancillary relief petition filed under the Law Reform (Marriage and Divorce) Act 1976. It facilitates a good grasp of the rules and procedure of divorce and matrimonial proceedings which is essential for successful family law study and practice.

 

KEY FEATURES:

  • Provides insightful rule-by-rule commentary on the DMPR 1980
  • Provides helpful section-by-section commentary on the MWCEMA
  • Contains updated and current discussion of the law up to March 2020
  • Complemented with Appendices covering the methods and procedure for the enforcement of maintenance; comparison of the enforcement of maintenance in Peninsular Malaysia, Sabah and Sarawak; and the problems in enforcement of maintenance for non-Muslims
  • Authored by an experienced professor of family law, who had successfully published several family law books in the past, the latest being the second edition of the Law Reform (Marriage and Divorce) Act 1976: Commentary and Cases 

Format

eBook

Price

(starting at)

RM 139.97

Handbook on Family Law Practice in Malaysia: Commentary, Procedures and Forms
Handbook on Family Law Practice in Malaysia: Commentary, Procedures and Forms
2019-5-23C. C. S. Yoon | F. W. S. Ling
Handbook on Family Law Practice in Malaysia: Commentary, Procedures and Forms is a complete hands-on-guide on family law practice in Malaysia. This book discusses the procedural parts of family law practice that apply to non-muslims throughout Malaysia, i.e Peninsular Malaysia and Sabah and Sarawak.
 
It discusses and explains the applicability of the governing statutory provisions, mainly the Law Reform (Marriage and Divorce) Act 1976 and the Divorce and Matrimonial Proceedings Rules 1980. The court forms are provided as samples to be adapted and modified accordingly for use in actual family litigation practice.
 
This book covers the topics that are commonly involved in family disputes, including judicial separation, divorce, nullity, custody of children, ancillary relief and injunction against molestation.
 
KEY FEATURES:
  • Contains practical notes and procedures on family law practice in Malaysia, with commentary on statutory provisions, case law and court forms
  • Discusses difficult topics often misinterpreted in current family law practice, with critical commentary on conflicting areas, including the procedures which are often overlooked in practice
  • Provides generally applicable templates of the court forms that are required to be filed in family law litigation
  • Template court forms are provided in Bahasa Melayu which is the language used for the filing of documents in court in West Malaysia
  • Explanatory notes on the usage of the templates are available in English
  • Supported by procedural tables which provide step-by-step guidance on procedures for different applications together with the applicable timelines

 

Format

Book & eBook

Price

(starting at)

RM 228.80