Citation

Annu. Rev. Popul. Law 1989; 16: 73.

Copyright

(Copyright © 1989, Harvard Law School Library)

DOI

unavailable

PMID

12344524

Abstract

The Malaysian court held that a Muslim wife could sue her Muslim husband for damages arising from assault and battery. It rejected the husband's argument that the suit must be adjudicated in a religious court because it was related to marriage, a topic for Muslims handled exclusively by religious courts. It concluded that assault and battery were not marital matters but criminal law matters. Moreover, it ruled for the same reason that the suit was not precluded by the Married Women Ordinance 1957, which prohibits a wife from suing her husband in tort, except for the protection or security of her property.

Language: en