ABSTRACT
Malaysia is a multicultural nation and the population comprises three major cultural groups, Malays (roughly two-thirds), Chinese and Indians. There are also various non-Malay peoples who are designated as indigenous, mostly in East Malaysia. Malaysian culture, therefore, is a complex blend of different cultural and religious traditions; a mixture of Malay Muslim, Indian Hindu and Chinese Confucian, Taoist and Buddhist, the structure of which it is challenging to map. Malaysia was formed from the British colony of Malaya and constitutes
thirteen states and a federal territory. The British laid the foundation for the present Malaysian state, legal system and economy. The system of government in Malaysia is closely modelled on that of a federated Westminster parliamentary system, a legacy of British colonial rule. However, Islamic law (Syariah) still applies to Malay Muslims in personal and family matters and is enforced by Shariah courts in Malaysia. This chapter outlines important aspects of the Muslim Malay cultural and
legal context, the changing structures of the Malay family, attitudes to conflict and traditional approaches to resolving family conflicts, and the role of mediation in family law, in particular the mediation of marital disputes under Syariah law. It also analyzes a case study to illustrate some of the key issues for Muslim mediators intervening in marital disputes in Malaysia, in particular in relation to gender, power and family violence, and discusses the implications for the practice and training of family mediators. In classical Islamic legal tradition or culture(s) domestic or family violence
is condemned because it violates notions of honour (izzat), and Islamic jurisprudence has addressed this issue in detail. However, the remedy to address the violence varies among the schools of thought. The shafii prefers mediation as a mode of resolution while others prefer dissolution of marriage by fasakh (judicial divorce), which is the law currently followed for Muslim women in Malaysia.2
