Legal Vulnerabilities in Non-Marital Relationships

Abstract

Non-marital cohabitation is prohibited under Syariah law and receives no legal recognition under the civil legal framework in Malaysia. Despite this, such relationships continue to occur, particularly among younger individuals navigating socio-economic pressures and barriers to marriage. The illegality and lack of formal status leave those involved, especially women and children, highly vulnerable to exploitation, abandonment and loss of economic security. Domestic labour, caregiving and financial sacrifices made in reliance on the relationship are not enforceable as rights in law, resulting in significant disadvantages upon relationship breakdown. Children born from these unlawful relationships face further uncertainty in matters of lineage, inheritance and identity, leading to long-term social stigma and limited access to welfare support. Current judicial remedies through equitable doctrines remain inconsistent and inaccessible to many affected individuals. This paper argues that limited protective measures grounded in the principles of Maqasid al-Syariah and constitutional commitments to justice are necessary to prevent unjust deprivation. The aim is not to legitimise or normalise prohibited conduct, but to ensure that individuals are not denied essential protection from harm. A preventive and welfare-oriented approach can strengthen the justice system’s credibility by demonstrating that safeguarding human dignity is paramount, even when moral norms are breached.