INTIMATE PARTNER VIOLENCE WITHIN THE MALAYSIAN LEGAL FRAMEWORK

• Published in: UUM Journal of Legal Studies
• Main Author: Na’aim M.S.M.; Rajamanickam R.; Nordin R.
• Format: Article
• Language: English
• Published: Universiti Utara Malaysia Press 2022
• Online Access: https://www.scopus.com/inward/record.uri?eid=2-s2.0-85124552900&doi=10.32890%2fuumjls2022.13.1.6&partnerID=40&md5=ff233830b5462307435898a09edc1d18

The Domestic Violence Act 1994 (Act 521) (DVA 1994) governs matters relating to domestic violence in Malaysia. The DVA 1994 uses the term “domestic violence” rather than “intimate partner violence” (IPV). Under section 2 of the DVA 1994, the term “domestic violence” not only describes the types of domestic violence, but it also identifies the victims of domestic violence. Those who fall under the category of domestic violence victims may apply for legal protection such as protection orders, compensation, and rehabilitation programmes. However, unlike domestic violence, the term “IPV” is not defined by the DVA 1994. This may raise questions regarding the status of IPV victims, whether they are protected under the said Act. This research examined the definition of domestic violence and IPV, how the DVA 1994 protects domestic violence victims, and to what extent legal protection is given to IPV victims. This article adopted the doctrinal legal research, involving a thorough examination of the DVA 1994, the Penal Code (Act 574), the Criminal Procedure Code (Act 593) (CPC), and case law. This research found that the definition of IPV within the DVA 1994 arguably covers only spouses and former spouses, leaving other unmentioned intimate relationships such as cohabitating partners outside the application of the Act. Although not covered by the DVA 1994, if individuals in such relationships are harmed by their partners, they can lodge a police report for violation of the criminal provisions of the Penal Code for legal action to be taken. © 2022. All Rights Reserved.