Provocation as a Defence in Intimate Partner Violence Against Women

Author: Mohd Safri Mohammed Nai'aim,Ramalinggam Rajamanickam,Rohaida Nordin
Publisher : UKM Press
ISBN:  9786294863620
Page: pp
Weight: gsm
Year: 2024
Price: RM30

There are cases where some female victims of IPV, overwhelmed by continuous abuse, may react by killing their abusive partners. In Malaysia, they can raise the defence of provocation under Exception 1 to Section 300 of the Penal Code. However, this defence offers inadequate protection because it does not define the term "loss of self-control", nor does it explain the legal position of cumulative provocation, has a prerequisite for suddenness that must be fulfilled and provides no explanation on the attributes that should be ascribed to a reasonable man.

This book consists of six chapters discussing the theoretical and legal framework on the defence of provocation, the conditions for raising it and the challenges faced in raising the defence by comparing the defence in England and Wales. Reforming this defence will fulfil Malaysia's obligation under Article 2 of CEDAW and will align with Article 8 of the Federal Constitution.

Mohd Safri Mohammed Nai'aim (PhD) is a Doctor of Philosophy graduate from the Faculty of Law, Universiti Kebangsaan Malaysia (UKM) and currently serves as a senior lecturer at Centre of Foundation Studies, Universiti Teknologi MARA (UiTM). His expertise lies in criminal law and domestic violence.

Ramalinggam Rajamanickam(PhD) is an Associate Professor in the Faculty of Law, UKM. His areas of expertise include evidence law, criminal law, education law, traditional and complementary medicine law and forensic law.

Rohaida Nordin (PhD) is an Associate Professor in the Faculty of Law, UKM. Her areas of expertise include international law, human rights and the rights of indigenous people.