Right to maintenance: a right or a facade?

Abstract

Malaysia celebrated her 50th year of independence just last year. Our nation has progressed tremendously in science, technology and various other sectors since Independence. At the same time, it is disheartening to note that the same could not be said for certain categories of our society, especially women and children. No doubt, it cannot be denied that a Malaysian woman today is far advanced when compared to her female ancestors 50 years ago. However, the rights of women and children, concerning family matters, are not adequately protected by the existing laws. The aim of this paper is to examine one such right, ie. the right to maintenance of women and children and discuss whether the existing laws provide adequate protection to safeguard this right. This paper is divided into two parts, the first, examining the right of a wife to maintenance, with specific reference to second and third wives and wives who have converted to Islam. The second part would examine the right of a child to maintenance, with specific reference to illegitimate children, children who have been converted to Islam and children who are above the age of 18 years. The writer would conclude by giving certain suggestions to rectify the weaknesses that appear.