Third-Person Interference in Marriage in Malaysia: A Socio-Legal Review

Abstract

Marriage constitutes a fundamental social institution that underpins family formation, social stability, and societal well-being. However, third-person interference in marriage remains a persistent social issue that frequently contributes to marital conflict, breakdown, and divorce, resulting in complex social and legal implications. This study examines third-person interference in marriage from both social and legal perspectives within the Malaysian context, with particular emphasis on moral values, legal regulation, and enforcement challenges. This research adopts a mixed-methods approach, integrating qualitative and quantitative methodologies. Qualitative data were obtained through doctrinal legal analysis, literature review, and document analysis of statutory provisions, judicial decisions, and academic writings to establish the relevant legal and theoretical framework. Quantitative data were collected through a structured questionnaire distributed to respondents from diverse backgrounds, including academics, legal practitioners, and members of the public. The findings indicate that, from a social perspective, third-party interference particularly through adultery and extramarital relationships is widely regarded as contrary to the moral, cultural, and religious values upheld by Malaysian society. Such conduct is perceived to undermine marital trust, family harmony, and social order. From a legal standpoint, although the criminal offence of third-party interference under Malaysian civil law has been abolished following a Federal Court decision, civil remedies based on tortious claims remain available to aggrieved spouses. In contrast, Syariah law continues to recognise third-party interference as a criminal offence applicable to Muslims. Nevertheless, enforcement under the Syariah legal framework faces significant challenges, particularly due to limitations in the admissibility of digital evidence and jurisdictional constraints arising from state-based authority. This study recommends the introduction of new statutory provisions under the Penal Code to address third-party interference in marriage within the Civil Courts in a gender-neutral manner, alongside the strengthening of Syariah legal provisions to enhance enforcement effectiveness and to safeguard the family institution in Malaysia.