LEGAL STATUS OF UNMARRIED WOMEN

LEGAL STATUS OF UNMARRIED WOMEN
    The legal status of unmarried women in peninsular Malaysia, sabah, Sarawak and Singapore is substantially similar to tahat of men in respect of righs, duties and liabilities out of contract, tort and the acquisition, ownership, occupancy and transfer of property. Unmarried women have the same liability as men under the criminal law expect that homosexual conduct between women of full age is not a punishable offence whereas such conduct between men is punishable in puninsular Malaysia and Singapore by sections 377 and 377A of the penal code.
    Unmarried women have no disabilities in public life. They have in peninsular Malaysia and Singapore, if of age the right to vote and to stand for elections; they are liable to serve as jurors and they have, if qualified, a right of adminssion to the university. They are also eligible to enter the government service and the learned professions.
    The legislation relating to working conditions applies equally to men and women but certain restrictions, imposed for theirsafety and wellbeing, apply only to women. Thus in peninsular Malaysia, under shall work in any industrial or agricultural undertaking between the hours of ten o’clock in the evening and five o’clock in the morning, nor commence work for the day without having had a period of eleven consecutive hours free from such work. It is also provided that no female lebourer whatever shall be employed in any underground work.
    The minister may by order prohibit or permit the emplovment of female labourers in such circumstances or under such conditions as may be described in such order.
    In Singapore under the employment Act(cap. 122) it is provided thatno famele worker sall be employed in any kind of labour during the night or any part thereof, and night is defined to mean a period of not less than eleven consecutive hours including the internal between ten o’clock in the evening and five o’clock in the morning or such other internal of seven hours as the minister may in respect of female worker prescribe by notification in the gazette for any particular industrial undertaking or branch or any kind of labour. It is also provided that no female worker shall be employed in any underground work.
    In Sarawak and sabah, under the labour ordinance, it is provided that no female shall be employed during the night in any indusrial undertaking. ‘night’ is defined as the period of at least eleven consecutive hours including an internl to be prescribe of at least seven consecutive hours falling between ten o’clock in the evening and seven o’clock in the morning. It is also provided that no female shall be employed on underground work in any mine expect in certain specified circumstances.
    INHERRITANCE RIGHTS
A. the law in peninsular Malaysia
    The law relating to the distribution of intestate estates is contained in the distribution ordinance, 1958. This ordinance does not apply to the estates of persond professing the muslim religion oor to any estate distribution of which is governed by the parsee intestate succession ordinance. The distribution ordinance, 1958, provides that the distribution of the movable property of a person deceased shall be regulated by the law of the country in which he was domiciled at the time of his death. The distribution of immovable property in peninsular Malaysia of a person dying intaste shall be regulated by the ordinance wherever he may have been domiciled at the time of his death.
    Under the distribution ordinance, 1958. When a person dies intestate his property shall be distributed in the manner set out in section 6 of the ordinance. If a women dies instate leaving a husband, the whole of her estate shall go to him. If a man dies leaving a wife and isuue, the surviving wife shall be entitled to one-third of the estate but if he leaves a wife and no isuue, the surviving wife is entitled to one-half of the estate. Subject to the rights of a surviving husband or wife the estate of an intestate who leaves isuue shall be held on trust for the isuue, that is in equal shares if more than one for all or any of the children or child of the inteatate living at the death of the intestate, who attain the age of twenty-one years or marry under that age; and for all or any of the issue living at the death of the intestate, such issue to take through all degrees according to their stocks, in equal shares if more than one, the shere which their parent would have takn if alive at the death is still living at the death of the instate and so capable of taking. If the instate leaves no issue, then subject to the rights of a surviving husband or wife the estate of an instate shall be held upon trust for the following persond living at the death of the instate and in the following order and manner. 

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Parent and Child The Law in Peninsular

Parent and Child
The Law in Peninsular

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A. The law in peninsular Malaysia
The right, liabilites and duites of parents in relation to their children are contained in the Guardianship of infants act, 1961. This act is not applicable to person professing the muslimreligioan until it has been adopted by the legislative council of a state of the federatio and such law may provide taht (a) nothing in the act which is country to the muslim religion of the custom of the malaysia shall applyto any person under theagr of eigthteen years and whose fathe profess the muslim religioan, (b) that the provisions so profeses or professwd of the act so far as they are contry to the muslim religion shall cease to apply to any person upon his professing the muslim religion, if at hte date of such professing he has comlate the age of eighteen years or if not having complate the age of eighteen years or if no heaving complate that age he professes the muslim religion whit the of his guardian.
1) Guardianship and custody
The guardiaship of infnts act, 1961, provides that the fathwr of an infant shall be that guargdian of the infants person an property but the court or a jugde may make such order as it or he thinks fit regartidfwefhg the custobpdy of the infsnts and the ghohsrh rghwrgh ghwfdkfsdwjdv. Where and infants has no lawful father living the mother of the infsnt shall bethe guargdian of his erson and properti, but the court or a judge may appoint some other person to be the guargdian of the infsnts person and property or either of them, to act joint whith teh mother, if bots the parents of an infants are are dead, the testamentary guardian (if any) appointed by the last srving parents, shall ordinarily. Whre but parent of an uefefhv Hve3  died whit out fiwofh evhvfcvnsr eeddvrgmsg . in axercising the powers conferresd bt the act the infanat, and shall where the oinfafeg fewf fdfefdev.
In re balaisingam and paravathy, it was heldthat the hight courtf has no jurisdiction to entertined an applikation fot the custobody of an illegimate child under the gusrgdianship of infants act.
In loh kon fah, v lee moy lan the fact were that in 1970 the responship (the mother) and the childreen by mutul agreement with the applement (the father) had moved to singapore where dey had lived sice. The applemen the father visited the  trial judge had family regulary until 1973 when he stoped visiting them enti telybecsuse he fillunder welcome be respondenrefused the and childreen. The courd should be contens ih the position of a reasonle terms. The courd should put it self in the position of a reasonable and wise parentswants the infants to haeve. Having regard to the circumstansnces of the case the learned trial judge gave custobody of the childreen to the respondent. On appela it was held by a majoryti that heaving regeart to the evidence before hi it could no be said that the learned to the evu dance before him it could no be said that the learnwd trial jugde had wrongly exrcised hi discretion.

2) Maintenance
The maintenance orders (facilities for enforcement) act, 1949, provides for the enforcemenof mainrenance ordes madi in the federatioan in a number of commonwealth countries. Provinsin for the enforcemen of maintebance orders made in the federation in a number of commonwealth contries. Provisoin for the  enfrocemen of mainterangs or der bay making of arttatemenc of earning orederes was made by the married women and childreen.
The parents as such have no rights to the use and enjoymen of theris chilsd property during the lifetime of the child. On the wat childis death intrfefsvg  brigvrguiv ffu f4 vvvfe hfnvm vha sva vn dfe tsd vgv. Parents also right to conselent to the marriege of their infsnt childreen but are under no obligatio to pay debts incured bt their infant childreen and incur no liability for the of cungh childreen by children and incur no liability for the torts of scu chldreen by virtue only of their natular relationship.
The childreen young persons ordinance, 1947, provides that any person who having the custody, charge or careof any child or young person wilfully assaults.

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