Marital Status of a Schizophrenic Non-Muslim Spouse: Comparison Between Malaysia and India

Nuraisyah Chua Abdullah, Ramzyzan Ramly, Salmi Razali and Johari Khamis
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Nuraisyah Chua Abdullah: Professor of Law, Faculty of Law, Universiti Teknologi MARA, Selangor, Malaysia
Ramzyzan Ramly: Associate Professor, Faculty of Mechanical Engineering, Universiti Teknologi MARA, Selangor, Malaysia
Salmi Razali: Professor of Medicine (Psychiatry), Department of Psychiatry, Faculty of Medicine, Sg Buloh Campus, Universiti Teknologi MARA, Malaysia
Johari Khamis: Head, Division of Forensic Psychiatry, Permai Hospital Johor Bahru, Malaysia

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 7, 1335-1345

Abstract: The capacity of individuals with mental illness, including schizophrenia, to consent to marriage has been widely debated in legal and psychiatric contexts. While non-Muslim spouses with schizophrenia in Malaysia may face annulment or divorce due to mental incapacity or unreasonable behaviour, recent legal and medical perspectives emphasize individual functionality. Many with mental illness, particularly during remission or with treatment, can validly consent to marriage and sustain meaningful relationships. As such, under Malaysian non-Muslim divorce law—unlike earlier approaches or Indian practices—mental illness alone is no longer sufficient for annulment or divorce without current, evidence-based assessments of mental and functional capacity.

Date: 2025
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