期刊名称：European Journal of Business and Social Sciences
印刷版ISSN：2235-767X
出版年度：2014
卷号：3
期号：04
页码：257-272
出版社：European Society of Business and Social Sciences
摘要：This research addresses the concerns in the Married Women and Children (Maintenance) Act 1950 and Married Women and Children (Enforcement of Maintenance) Act 1968 with the purpose of identifying the lacunae in the provisions and applications of the law. The researchers adopted an analytical and historical approach in this study. The reason for this selection is to analyse the historical background leading to these two Acts with a view for repeal and enactment of a new law which will be applicable to both East and West Malaysia and which reflects the global development in this area. This is to ensure that we are on par with the laws of other jurisdictions. In order to do this, laws of other jurisdictions were also compared. The researchers used a qualitative data collection method where in-depth document analysis was carried out. Primary sources such as the Acts, Regulations, court orders and decisions were scrutinized. On the other hand, secondary sources that were studied include legal encyclopedia, treaties, law reports, law reviews and legal periodical articles. This study is significant as it addressed crucial concerns raised in reference to the current laws relating to maintenance and enforcement of maintenance. Firstly, it identified an implicit administrative ministry to overlook the application as well as to address the necessary amendments to be in line with the laws of other jurisdiction. Secondly, it will also considered the issue of non-application of the Act to East Malaysia. The paper ends with recommendation for the enactment of a new law incorporating both maintenance and enforcement within one Act which will be applicable to the country as a whole bearing in mind the strengths in the laws of other jurisdictions.
