Malaysia

In Balan Subramaniam a/l Ponnudurai v Public Prosecutor, the appellant was tried for setting fire to his home, causing the deaths of his wife and daughter and seriously injuring another child. Before her death, the wife gave an oral statement naming him as the perpetrator, while the daughter provided a written declaration to police with the same accusation. The trial court admitted the wife’s statement but questioned the daughter’s, citing a lack of medical evidence on her capacity at the time.

The Domestic Violence Act 1994 marked the first comprehensive recognition of domestic violence as a serious social issue in Malaysia, establishing legal protection and remedies for victims. It allows survivors to obtain protection against further abuse and to seek compensation for harm suffered. The Act applies broadly to family members, including spouses, former spouses, de facto partners, children (biological or adopted), persons with disabilities, and others regarded as members of the household.

The Employment Act 1955 is Malaysia’s principal labor statute and provides the framework for regulating employment conditions as well as addressing workplace discrimination and harassment. Section 69F authorizes the Director General of Labor to inquire into and decide disputes between employees and employers relating to discriminatory practices. This provision ensures that employees have a statutory avenue to challenge unfair treatment in the workplace. Sections 81A through 81H establish procedures for preventing and addressing sexual harassment at work.

Article 8 of the Federal Constitution of Malaysia establishes the constitutional guarantee of equality. Article 8(1) provides that "all persons are equal before the law and entitled to the equal protection of the law." Article 8(2) specifies that "there shall be no discrimination against citizens on the grounds of religion, race, descent, place of birth, or gender in any law or in the appointment to office or employment under a public authority." 

A senior manufacturing supervisor was dismissed after an internal inquiry confirmed that he had inappropriately touched a female employee on the factory floor. He challenged the dismissal under section 20 of the Industrial Relations Act 1967, and the Industrial Court accepted the misconduct but ruled that termination was excessive, awarding him back wages and compensation in lieu of reinstatement.

The case Gandhi v Perak et al arose after a husband converted to Islam in 2009 and, without the knowledge or consent of his wife, arranged for their three minor children to be registered as Muslims and secured custody orders from the Syariah Court. The wife later obtained civil High Court orders annulling the conversions and the Syariah Court’s custody order, partly on the principle that both parents share equal rights in determining a child’s religion.

In the case Lai Hen Beng v Public Prosecutor [2024], the appellant was charged in the magistrate’s court under section 498 of the Penal Code, which criminalized enticing or taking away another man’s wife for illicit sexual intercourse. He argued that section 498 was unconstitutional for violating Articles 8(1) and 8(2) of the Federal Constitution, as it treated women as the property of their husbands and denied wives equal legal recourse if their husbands were enticed away.

Malaysia operates a dual legal system, combining civil law for non-Muslims with Islamic family law for Muslims.

Section 372 of the Malaysia Penal Code makes it a crime to sell, let for hire, or otherwise dispose of any person for the purpose of prostitution. It also criminalizes bringing a person into or taking a person out of Malaysia with the intention that the person will be used for prostitution. A conviction carries a maximum penalty of fifteen years in prison, whipping, and a fine. Section 372B extends the framework by prohibiting solicitation for prostitution or any “immoral purpose” in any place.

Under the Penal Code of Malaysia (Act 574, Chapter XVI, sections 312–316), abortion is generally criminalized except under limited statutory exceptions. Section 312 makes it an offense for any person, including a pregnant person themself, to voluntarily cause a miscarriage. The punishment is up to ten years in prison, a fine, or both.