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Unfair Dismissal in Malaysia
Unfair Dismissal in Malaysia
Drink Driving in Malaysia
Drink Driving in Malaysia
Leave Entitlement in Malaysia
Leave Entitlement in Malaysia

Divorce

Divorce
Prenuptial Agreements

Prenuptial Agreements

The law governing marriage and divorce in Malaysia does not explicitly deal with prenuptial agreements. This void, however, does not mean that prenuptial agreements are illegal in Malaysia. In jurisdictions where prenuptial agreements are recognised, they were traditionally used by the wealthy to protect their assets and ensure the wealth “stays in the family” in case of a divorce. These days, more couples tend to draw up prenuptial agreements to...
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Divorce
Divorce in Malaysia

Divorce in Malaysia

In Malaysia, non-Muslim marriages are governed by the Law Reform (Marriage and Divorce) Act 1976. The Act regulates the rights of spouses, the procedures, and grounds for divorce. It also sets out the law regarding maintenance and child custody. The Act allows a married couple to file for divorce by filing a petition to the High Court. Marriages are separated into two groups: Marriages that lasted for more than two...
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Leave Entitlement in Malaysia

Before the recent changes, the bulk of the Employment Act 1955 (“the Act”) only applied to employees working in private sectors making less than RM2,000 per month, or to certain groups of workers regardless of their income (those engaged in or supervising manual labour). Effective from 1st January 2023, it will now apply to all employees irrespective of their wages, with some specific sections not applying to employees who are...

Retirement Age in Malaysia

Anywhere in the world, any working individual can retire anytime they want, and the age at which one decides to stop working is entirely dependent on them. However, in Malaysia, no employer can retire their employee before they reach the minimum age set by the law. This article will explore the law on the retirement age of a Malaysian working in the private sector. Here are six fundamental points to...

Prostitution in Malaysia

What is the legal position of prostitution in Malaysia? There is no law within the Malaysian Penal Code which states that prostitution is illegal. People are not committing a crime under the Penal Code by being a prostitute unless they are Muslim. Sharia Law applies to Muslims, and Section 28 criminalises the act of women engaging in prostitution. Although prostitution is not illegal under the Penal Code, certain and often...

Guardianship in Malaysia

Guardianship in Malaysia is governed by the Guardianship of Infant Act 1961 (GIA). Under the GIA, “guardianship” means having custody of a child and being responsible for the child’s support, health, and education. The guardian also has control and management of the child’s property. In short, a guardian can be defined as a person with legal rights and responsibilities toward a child. A guardian’s duties A guardian has parental rights and duties...

Unfair Dismissal in Malaysia

Any employer who wishes to dismiss an employee must do so with good reason, and in a fair manner. An employee’s right to earn their livelihood is enshrined in Malaysian law, and guaranteed in the federal constitution. Without “just cause and excuse”, employment law in Malaysia makes it clear that an employee’s employment cannot be terminated. Despite this, every year there are still cases which come before the Malaysian Industrial...