Non-Muslim Wife Maintenance in Malaysia: A Right or Privilege in the 21st Century?

Abstract

More than six decades have passed since Malaysia achieved her independence. Our nation has witnessed tremendous developments in various fields. However, the same cannot be said for certain vulnerable groups, one of them being women. It cannot be denied that women in the 21 st century are far more advanced when compared to their predecessors. Nevertheless, where it concerns their legal rights, their plight is deplorable in certain situations. Malaysia has signed and ratified the Convention on The Elimination Against All Forms of Discrimination Against Women (CEDAW) and thereafter amended Article 8(2) of the Federal Constitution to prohibit discrimination based on gender, to show her commitment to uplift women's rights. Unfortunately, there are still certain women's right that need to be revisited, one of which is the right to maintenance. The Malaysian statutes on wife maintenance are drafted in a manner which gives the readers the impression that non-Muslim women do not have a right to claim maintenance from their husbands. It is basically at the discretion of the Court. This was further confirmed in the recent case of YAY v WHO & Anor [2023] MLRHU 48, where the learned High Court judge, inter alia, stated that a married woman does not have an automatic right to claim maintenance from her husband. Hence, the purpose of the paper is as follows: first, to revisit the current laws and cases on wife maintenance, secondly to compare the position under Shariah Law as well as Singaporean law and finally to recommend suggestions to alleviate this issue. At the end of the day, it should not be forgotten that the hand that rocks the cradle rules the world.