Breach of promise of marriage: uncertain legal terrain and the complex contours of Shariah law

Breach of promise of marriage is actionable in Malaysia, though in England, where the law originated from, the action had been abolished. Breach of promise of marriage had undergone various modifications in Malaysia due to the injection of personal law. This is inevitable as each major race in the country is identified with its distinct religion — the Malays with Islam, the Chinese with Taoism, Buddhism or Christianity, and the Indians with Hinduism. This article examines the challenges faced by the Malaysian courts in dealing with breach of promise of marriage between parties of different faiths. It is argued that should the Malaysian courts continue to expand the reach of personal law, religion will become a precarious variable that determines the outcome of an action in breach of promise of marriage.