Parental Liability Law in Malaysia for Children’s Misconduct: A Legal Overview

Abstract

This article explores into the evolving landscape of parental liability law in Malaysia by examining its foundations in criminal law, torts, and the Child Act 2001. It also draws comparisons with the United States to shed light on the potential prospects for reform in Malaysia. By analysing the Malaysian legal framework, which includes provisions from the Penal Code, Child Act 2001, other statutes, and Islamic jurisprudence, the article uncovers the existing contours of parental liability and highlights areas where clarity and refinement are needed. The study emphasises the need for a balanced approach that holds parents accountable for their children's actions without imposing unjust or excessive penalties. Drawing from the comparative analysis with the United States and Islamic viewpoints, where parental liability laws vary across states, the article showcases the diverse approaches taken to address similar issues. Lessons learned from the U.S. experience offer valuable insights for Malaysia as it seeks to modernise and adapt its parental liability laws to contemporary family dynamics and societal challenges.