Remedies for victims of abuse among the elderly under islamic family law

Asiah, Bidin and Kamaliah, Salleh (2016) Remedies for victims of abuse among the elderly under islamic family law. In: ICLAS 2016, 18-19 Apr 2016, Pattani, Thailand.

Text FH03-FUHA-17-08011.pdf Restricted to Registered users only Download (8MB)

Abstract

Background: Elder abuse is a serious social problem that is a growing concern. In Malaysia, there is no specific legislation dealing with the issue of elder abuse but, abuse of the elderly is recognized as a form of domestic violence. The legislation dealing with matters pertaining to domestic violence are Domestic Violence Act 1994 (Act 521) (DVA) and Penal Code. These statutes are applicable to both Muslims and non-Muslims. Despite the growing literature on the issue of elder abuse in Malaysia and the legal protections offered by the DVA to the elderly victims, little has been written on the protections of the elderly abused victims among Muslims as provided under the under Islamic family law. Objective: This paper aims to explore the remedies available to the abused elderly provided under the Islamic Family Law (Federal Territories) Act 1984. Results: Syariah courts in Malaysia has jurisdiction to hear cases pertaining to family conflicts. The elderly Muslim wife who becomes a victim of domestic abuse can apply for orders in court for dissolution of marriage due cruelty or neglect of maintenance by husband. Besides, the neglected elderly parents have a right to claim maintenance from their children. Conclusion: The Islamic Family Law (Federal Territories) Act 1984 gives rights to the victims of domestic abuse to seek remedies for dissolution of marriage (in the case of a husband and wife) and to seek an order for maintenance in the case of parents.

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