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Joint and Single Petition Divorces: Do You Need Your Own Lawyer?

December 16, 2023July 14, 2024 by adminin BlogsLeave a Comment

Joint and Single Petition Divorces in Malaysia Do You Need Your Own Lawyer by TYH & Co. Divorce Law Firm in Malaysia

Ending a marriage in Malaysia, like most life events, can feel like going through a complex maze. You’re facing emotional turmoil, navigating legal procedures, and making crucial decisions about your future.

One of the first questions that pops up: Do I need my own lawyer for a divorce, especially if we’re filing a joint petition?

Understanding the Divorce Landscape: Joint vs. Single Petition

In Malaysia, you have two main divorce paths: joint petition and single petition.

Joint Petition: This option is ideal for couples who have reached a mutual agreement on the divorce terms, including child custody, property division, and financial settlements. It’s a faster and generally cheaper option compared to a single petition.

Single Petition: This route is chosen when there’s no agreement on the divorce terms, or one spouse refuses to cooperate. It’s a more complex and lengthy process, often involving court hearings and legal battles.

Can Both Parties Hire a Divorce Lawyer?

Now, the big question: Can you share a divorce lawyer with your soon-to-be ex in a joint petition? The answer is yes. Sharing a divorce lawyer is feasible assuming both parties have agreed to all the divorce terms and there is no dispute in between.

When Shared Representation Might Work:

In some cases, shared representation may be suitable if:

The divorce is amicable, and the terms are straightforward.
Both parties trust the lawyer and their ability to act fairly.
You’re confident you can communicate openly and honestly with your ex through the lawyer.

While sharing a lawyer may be a cost-saving measure, having your own lawyer offers significant advantages:

Independent Representation: You have your own divorce lawyer fighting for your specific interests and ensuring your rights are protected.
Personalized Guidance: You get individual attention and can openly discuss your concerns without fear of judgment or bias.
Confidence and Clarity: You have someone to explain legal complexities, guide you through the process, and answer your questions honestly.
Negotiation Expertise: Your lawyer can negotiate effectively on your behalf to ensure a fair and beneficial settlement.

Single Petition: Always Separate Lawyers?

In a single petition divorce, both parties must appoint their own divorce lawyer each. This ensures each spouse has their own legal counsel and protects their individual interests throughout the divorce proceedings.

Moving Forward with Divorce

Ultimately, the decision of whether to share a lawyer or have your own in a joint petition is a personal one. Consider the complexity of your divorce, your individual needs, and the level of trust you have in your soon-to-be ex.

Remember, seeking advice from a qualified divorce lawyer is crucial. They can assess your situation, explain your options, and recommend the best approach based on your unique circumstances.

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How to Reclaim Visitation Rights After Divorce in Malaysia

December 15, 2023July 14, 2024 by adminin BlogsLeave a Comment

How to Reclaim Visitation Rights After Divorce in Malaysia by TYH & Co. Best Divorce Lawyer in Malaysia

Imagine this: the divorce papers are signed, but your heart aches for your child. Your ex-spouse, for whatever reason, has slammed the door on your visits. You’re left wondering, “Can I still see my kid after the divorce?”

The good news is YES! You have rights as a parent (or usually the father in these cases) in Malaysia, even if you don’t have the legal custody of your child.

Why Can’t I See My Child?

There are many reasons why your ex might be denying you visitation. Maybe you are not paying the children’s maintenance on time. Maybe she thinks you’re a bad influence, or maybe the anger from the divorce. Whatever the reason, remember that your child’s well-being comes first.

What Are My Rights to Visit My Children?

Even if you do not have legal custody of your children, you are still entitled to have access or visit your children after the divorce.

That said, it is important to note that the Court may deny your access in very extreme circumstances, for example, if you are a bad influence such as a drug user/addict or having violent behaviour.

If this is not the case, you can always fight for your rights to have access to your children.

The Court will always uphold that visitation of parent is the children’s basic right.

How Can I Get Visitation Rights Back?

There are 2 main ways to get back your visitation rights:

Talk it out: If things aren’t too bad, you and your ex-spouse might be able to work things out on your own. Try talking to her calmly and respectfully about setting up a visitation schedule.
Get a lawyer: If talking doesn’t work, or if things are too heated, it’s time to get legal help. A lawyer can file the necessary application to the court to enable you to visit your children again.

Remember, you’re not alone! Many parents (especially fathers) in Malaysia have gone through what you’re going through.

Getting back your visitation rights can take time and effort, but it’s worth it. Your child needs and deserves a relationship with both parents. So, take that first step and fight for those parent-child moments before it is too late.

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Exploring Divorce in Malaysia: A Guide to Joint and Single Petitions

December 12, 2023 by adminin BlogsLeave a Comment

Exploring Divorce in Malaysia A Guide to Joint and Single Petitions for Non-Muslims by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

Divorce can be a difficult decision and the legal process can be complex process for for non-Muslims in Malaysia.

Understanding the differences between a joint petition and a single petition can ease the process and help you choose the best option for your situation.

When to Choose a Joint Petition:

A joint petition is a faster and less expensive option when both spouses mutually agree to the divorce and all its terms. This includes:

Custody and visitation arrangements for children: This includes who will have physical custody of the children and how the other parent will maintain contact with them.
Division of matrimonial assets: This refers to the fair distribution of all assets acquired during the marriage, including property, investments, and debts.
Maintenance for spouse and children: This involves financial support for the spouse who needs it and for any children of the marriage.

Benefits of Joint Petition:

Faster divorce process: With both parties in agreement, the court proceedings are generally smoother and quicker, often concluding within a few months.
Reduced cost: Legal fees and court costs are lower compared to a single petition due to the simpler proceedings.
Reduced stress and conflict: Agreeing beforehand minimizes the emotional strain and potential conflict during the divorce process.
Avoiding mandatory counselling: Unlike single petitions, couples opting for joint petitions are exempt from attending mandatory counselling sessions at the National Registration Department (JPN).

Procedure for Joint Petition:

Consult a lawyer: Both spouses may appoint 1 lawyer jointly or consult with separate lawyers to ensure their individual rights are protected and to receive legal advice.
Negotiate terms: Agreement must be reached on all aspects of the divorce, including child custody, asset division, and maintenance.
Prepare petition: Lawyers will prepare a joint petition outlining the agreed terms and submit it to the Court in Malaysia.
Court hearing: Both spouses need to attend a court hearing, where the judge will review the petition and ensure it complies with legal requirements.
Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

When to Choose a Single Petition:

A single petition is necessary when:

One spouse does not agree to the divorce.
There is disagreement on any of the terms of the divorce.
You have attempted reconciliation but it failed.
Your spouse deserted you and cannot be located/found.

Procedure for Single Petition:

Consult a lawyer: Discuss your situation with a lawyer who will advise you on the legal grounds for divorce and the available options.
Refer to Marriage Tribunal: You must first attend counselling sessions at the JPN’s Marriage Tribunal in an attempt to reconcile under the law.
Obtain certificate: If reconciliation fails, the Marriage Tribunal will issue a certificate, which is mandatory for filing a single petition.
File petition: The lawyer will file a single petition in the High Court, outlining the grounds for divorce and the requested terms.
Court hearing: Both spouses need to attend court hearings, where evidence is presented and arguments are heard.
Judge’s decision: The judge will decide whether to grant the divorce and may modify any of the proposed terms after hearing from both parties.
Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

Benefits of Single Petition:

No need for consent of both parties: You can still file for a divorce even if your spouse doesn’t agree to the divorce or cannot be found.
Protects your rights: Filing a single petition ensures that your legal rights are protected even when your spouse disagrees.
Addresses specific issues: The single petition allows you to present your specific concerns and seek a favorable judgment.
Provides legal recourse: If your spouse refuses to cooperate, the court can enforce its orders and ensure a fair outcome.

Which one should I choose?

The best option for you will depend on your specific circumstances and the level of agreement you have with your spouse. Consider consulting with a divorce lawyer to understand the legal implications of each option and make an informed decision.

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Cross-Border Divorce in Malaysia: A Comprehensive Guide for Non-Muslim

November 21, 2023 by adminin BlogsLeave a Comment

Cross-Border Divorce in Malaysia A Comprehensive Guide for Non-Muslim by TYH & Co. Trusted Divorce Lawyer in Malaysia

For non-Muslim couples, cross-border divorce is a possibility, but it can be a complex process in Malaysia. This article provides an overview of cross-border divorce in Malaysia for non-Muslims.

What is cross-border divorce?

Cross-border divorce is a divorce between spouses having different nationalities. In Malaysia, cross-border divorce is governed by the Law Reform (Marriage and Divorce) Act 1976.

When is a cross-border divorce possible in Malaysia?

A cross-border divorce is possible in Malaysia if the monogamous marriage is legally registered under the law (Malaysia or any other country), and the parties are domiciled in Malaysia.

What are the grounds for cross-border divorce in Malaysia?

There is only one ground for cross-border divorce in Malaysia: that the marriage has irretrievably broken down. This must be proved on any one of the following facts:

Adultery: If the spouse has cheated on you, and you cannot continue living with them as a result, you can file for divorce.
Unreasonable behavior: If your spouse’s behavior is so bad that you cannot reasonably expect to live with them any longer, you can file for divorce. This could include things like physical or emotional abuse, addiction, or neglecting their responsibilities towards you or the family.
Desertion: If your spouse has left you without a valid reason for at least two years, you can file for divorce.
Separation: If you and your spouse have been living apart for at least two years, you can file for divorce.

What is the procedure for cross-border divorce in Malaysia?

Joint Petition (Mutual Divorce)

If you and your spouse both want to get a divorce, you can file a joint petition with the court after two years of marriage. The court will then review your petition and make sure that both of you are freely consenting to the divorce and that there is a fair arrangement for the division of assets, alimony, and child custody. If the court is satisfied with these arrangements, it will grant you a divorce decree.

Single Petition (Non-Mutual Divorce)

If there is no agreement on the divorce terms, either party may file a single petition with the court and provide the ground for divorce. The responding party may reply to the petition/defend his or her case.

The court will review and make decision accordingly before granting the divorce and making necessary order pertaining to the division of assets, alimony, and child custody after hearing or full trial.

In conclusion, cross-border divorce in Malaysia is a complex legal process and it is essential to consult with a divorce lawyer in Malaysia who can provide you with comprehensive legal advice and representation throughout the process.

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How to Get a Divorce in Malaysia If You Are Overseas

November 10, 2023November 10, 2023 by adminin BlogsLeave a Comment

Getting a divorce in Malaysia can be a complex process for non-Muslims, especially if you are overseas. However, it is possible to get a divorce in Malaysia even if you are not living in the country. So what you should do if you wish to move on and get a divorce in Malaysia?

Appointing a Lawyer in Malaysia

The first step in getting a divorce in Malaysia is to appoint a divorce lawyer. Once you have found a divorce lawyer, your divorce lawyer will be able advice & act on your behalf accordingly.

Filing for Divorce

Before your divorce lawyer proceed to file for a divorce, it is essential to determine whether if the petition will be file jointly or unilaterally.

In short, are both parties ready to proceed with the divorce or not? If yes, the divorce lawyer will proceed to prepare for a joint petition. This process will be relatively simpler and cheaper.

On the other hand, if the divorce is not mutual, your divorce lawyer will proceed to prepare for a single petition. This process will take a longer time and there is also a need to go through multiple case management dates fixed by the court where your divorce lawyer will be able to represent you in the court accordingly.

Divorce Hearing

For joint petition, both parties are required to attend the divorce hearing fixed by the court. In the event if any party is not in Malaysia, your divorce lawyer may apply for exemption from the divorce hearing with valid reason. Alternatively, your divorce lawyer may also apply to the court to proceed with the divorce hearing online (commonly via Zoom or video conference). Take note that the court shall have full discretion on this.

For single petition, depending on the circumstances of the case, the court may also proceed with the hearing to be done online. The respondent may not be required to be present as long as the documents are properly sent to him or her and the court is satisfied that the respondent is well informed.

Getting Your Divorce Certificate

Once the court has granted you a divorce, your divorce lawyer will be able to obtain your divorce certificate for you. You can then proceed to update your divorce status with the Jabatan Pendaftaran Negara (JPN) Malaysia accordingly.

In conclusion, if one is currently residing overseas, he or she can appoint a divorce lawyer in Malaysia to start the divorce process and your divorce lawyer should be able to advice you on the process and act on your behalf.

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Why Getting a Divorce is Not the End

November 10, 2023 by adminin BlogsLeave a Comment

Divorce is often seen as a negative event especially in Malaysia for non-Muslims, but it can also have many benefits. While divorce can be a difficult and emotional process, it can also lead to a happier and more fulfilling life. Here are some of the benefits if you decide to move on to the next chapter of your life.

Improved mental and emotional health

One of the biggest benefits of divorce is that it can improve your mental and emotional health. If you are in a toxic or abusive marriage, divorce can allow you to escape from a harmful situation and start fresh. Divorce can also help to improve your self-esteem and confidence, as you will no longer be in a relationship that is making you feel bad about yourself.

Better relationships with your children

Divorce can also have a positive impact on your relationship with your children. If you are in a difficult marriage, your children may be picking up on the stress and tension. Divorce can create a more peaceful and stable environment for your children to grow up in. It can also allow you to focus on your relationship with your children and give them the time and attention they need.

More independence and freedom

Divorce can also give you more independence and freedom. You will no longer be bound by the expectations and demands of your spouse. You will be free to make your own decisions about your life and pursue your own goals.

A chance to start over

Divorce can also be a chance to start over. You can reinvent yourself and create the life you want to live. You can meet new people, pursue new interests, and travel the world. Divorce can be a new beginning and a chance to live your best life.

Conclusion

Divorce can be a difficult and emotional process, but it can also have many benefits. If you are in a toxic or abusive marriage, divorce can allow you to escape from a harmful situation and start fresh. Divorce can also improve your mental and emotional health, your relationships with your children, and your financial stability. It can give you more independence and freedom, and it can be a chance to start over and live your best life.

Here are some additional tips for getting a divorce in Malaysia:

Find a good divorce lawyer in Malaysia. A good divorce lawyer can help you to understand the law and your rights, and they can represent you in court.
Be prepared to negotiate. Divorce is often a negotiation process, so it is important to be prepared to compromise.
Be patient. Divorce can take time, so it is important to be patient and to stay focused on your goals.

Remember, you are not alone.

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Resolving Divorce Terms for Non-Muslim in Malaysia: Mediation is Key

November 6, 2023November 6, 2023 by adminin BlogsLeave a Comment

Resolving Divorce Terms for Non-Muslim in Malaysia Mediation is Key by TYH & Co. Divorce Lawyer Malaysia

Divorce can be a very difficult process and it can be even more challenging if you and your spouse cannot agree on the terms of your divorce.

In Malaysia, there are a few different options available to couples who are going through a divorce, including mediation.

If you and your spouse cannot agree on the terms of your divorce, you may be able to resolve your dispute through mediation. Mediation is a process in which a neutral third party, known as a mediator/lawyer or a neutral third party, helps couples to communicate and negotiate their divorce settlement. The mediator does not make decisions for the couple, but instead helps them to identify their interests and develop mutually agreeable solutions.

Benefits of Mediation for Divorce in Malaysia:

Here are some of the benefits of mediation for non Muslim who are going through a divorce:

Mediation can help couples to save time and money. A mediated divorce is typically much faster and less expensive than a litigated divorce.
Mediation can help couples to maintain a civil relationship. Mediation can help couples to focus on their shared interests and goals, and to develop a parenting plan that is in the best interests of their children.
Mediation can help couples to reach mutually agreeable solutions. The mediator does not make decisions for the couple, but instead helps them to identify their interests and develop mutually agreeable solutions.
Mediation can help couples to avoid the stress and trauma of going to court. Court can be a very stressful and expensive experience, and mediation can help couples to avoid this altogether.

If you and your spouse are considering divorce, and you are unable to agree on the terms of your divorce, mediation may be a good option for you. Mediation can help you to save time and money, maintain a civil relationship, and reach mutually agreeable solutions.

In order for parties to benefit from mediation, it is important to note that the focus is to create a win-win situation and parties must be ready to compromise in order to achieve its purpose.

In practice, it is a norm for the court to direct parties to resolve their indifferences through mediation in order to save time and cost for parties. Furthermore, this is also encouraged to ensure parties to have more ‘control’ in the outcome rather than leaving it entirely to the court to decide.

Overall, mediation is a valuable tool for couples who are going through a divorce. Mediation can help couples to save time and money, maintain a civil relationship, and reach mutually agreeable solutions. If you are considering divorce, and you are unable to agree on the terms of your divorce, mediation may be a good option for you.

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Remarriage After Divorce in Malaysia

October 18, 2023October 18, 2023 by adminin BlogsLeave a Comment

You just got a divorce. And you moved on. Now you found a new love in life. Are you looking to remarry after divorce in Malaysia?

Can I remarry after divorce in Malaysia?

Yes, you can remarry after divorce in Malaysia as a non-Muslim.

How long do I have to wait to remarry after divorce in Malaysia?

For non-Muslims, the waiting period is 3 months after the court granted the decree nisi and you have obtained your divorce certificate issued by the court. This is also known as the ‘Sijil Menjadikan Dekri Nisi Mutlak’ or Certificate of Decree Nisi To Be Made Absolute.

Once the divorce certificate is issued, you are legally free to remarry anytime.

What do I need to do if I wish to divorce my current spouse and remarry again?

You can only remarry after you divorce your current spouse. Do take note that you may land yourself in trouble if you have an affair during the span of your marriage. Therefore, it is only right for you to get into a new relationship after you get a divorce from your current spouse.

In conclusion, remarriage after divorce among non-Muslims in Malaysia represents a beacon of hope and a second chance at love and happiness. If you are considering remarriage after divorce in Malaysia, it is important to seek legal and professional advice to ensure that your rights are protected and that you are making the best decisions for yourself and your family.

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How Long Does It Take to Get a Divorce in Malaysia for Non-Muslims?

October 17, 2023October 17, 2023 by adminin BlogsLeave a Comment

How Long Does It Take to Get a Divorce in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce as a non-Muslims in Malaysia can be a complex and time-consuming process. The length of time it takes to get divorced will vary depending on a number of factors, including the type of divorce you are seeking, the complexity of your case, and the cooperation of your spouse.

Types of Divorce in Malaysia

There are two main types of divorce in Malaysia: contested and uncontested. A contested divorce is one in which the spouses cannot agree on the terms of the divorce, such as child custody, alimony, or the division of property. An uncontested divorce is one in which the spouses have agreed on all of the terms of the divorce.

Uncontested Divorce (or Joint Petition)

If you and your spouse are able to agree on all of the terms of your divorce, you can file for an uncontested divorce or commonly known as a joint petition. This is the fastest and simplest way to get a divorce in Malaysia.

To file for an uncontested divorce, you and your spouse must sign the divorce papers prepared by your divorce lawyer and file it with the court.

At the hearing, the judge will review the divorce terms and confirm all of the agreed terms. If the judge is satisfied that you and your spouse are in agreement, the court will grant the divorce.

Generally, a joint petition for divorce will take less than 3 months from the start of the process until the court hearing date.

Contested Divorce (or Single Petition)

If you and your spouse cannot agree on the terms of your divorce, you will need to file for a contested divorce. Contested divorces are more complex and time-consuming than uncontested divorces.

To file for a contested divorce, you must first file a single petition for divorce with the court. The petition for divorce must state the grounds for the divorce.

Your spouse will then be allowed to reply to the petition and defend him or herself accordingly.

During the hearing/trial, the court will then assess the case after hearing from both parties before making a decision. The court may even direct parties to go for a mediation in order to settle the case amicably.

In the event if grounds for divorce are met, the court will grant a divorce order.

A single petition for divorce will take around 6 to 9 months to complete. However, this will go beyond 9 months if the case is complex.

Tips for Expediting Your Divorce

If you are seeking a divorce in Malaysia, there are a few things you can do to expedite the process:

If possible, try to reach an agreement with your spouse on the terms of your divorce before filing for divorce. This will make the divorce process much faster, simpler and cheaper.
Be cooperative with your spouse and the court. This will help to avoid delays in the divorce process.

The length of time it takes to get a divorce in Malaysia will vary depending on a number of factors. However, there are a few things you can do to expedite the process. By following the tips above, you can increase your chances of getting a divorce quickly and efficiently.

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How to Move On After Divorce

October 12, 2023 by adminin BlogsLeave a Comment

How to Move On After Divorce by TYH & Co. Divorce Lawyer Malaysia

Divorce is a life-changing event that can be incredibly difficult to cope with. It can be a time of great sadness, anger, and confusion. It’s also a time of major adjustment, as you have to learn to live a new life without your spouse.

If you’re going through a divorce, it’s important to know that you’re not alone. Millions of people go through divorce every year, and there are many resources available to help you through this difficult time.

Here are some tips on how to move on after divorce:

1. Allow yourself to grieve.

Divorce is a loss, and it’s important to allow yourself to grieve the end of your marriage. This means giving yourself time to feel your emotions, whether they’re sadness, anger, confusion, or anything else.

Don’t try to bottle up your emotions or pretend that you’re okay when you’re not. It’s important to let yourself feel what you’re feeling in order to heal.

2. Talk to someone you trust.

Talking to someone you trust about what you’re going through can be very helpful. This could be a friend, family member, therapist, or anyone else you feel comfortable talking to.

Talking about your feelings can help you to understand and process them. It can also help you to feel less alone and more supported.

3. Take care of yourself.

During a divorce, it’s more important than ever to take care of yourself. This means eating healthy, getting enough sleep, and exercising regularly. It’s also important to do things that you enjoy and that make you feel good.

Taking care of yourself will help you to stay physically and emotionally healthy during this difficult time.

4. Create a new routine.

Divorce can disrupt your routine, both big and small. From where you live to what you eat for dinner, things may look different now.

Creating a new routine can help you to feel more in control of your life. It can also help you to start to move on from your past.

5. Surround yourself with positive people.

The people you spend time with can have a big impact on your mood and well-being. Make sure to surround yourself with positive people who support you and make you feel good.

Avoid people who are negative or who bring you down.

6. Don’t rush into anything new.

After a divorce, it’s important to give yourself time to heal before you start dating or making any other major life changes.

Rushing into something new can lead to problems later on. It’s important to be patient and give yourself time to figure out what you want next.

7. Be kind to yourself.

Divorce is a difficult experience, and it’s important to be kind to yourself during this time. Don’t beat yourself up for your mistakes or for feeling sad or angry.

Remember that you’re human, and that everyone makes mistakes. Just focus on taking care of yourself and moving on in a healthy way.

Here are some additional tips that may help you to move on after divorce:

Focus on your children. If you have children, focusing on their needs can help you to get through this difficult time.
Make new friends. Getting involved in new activities is a great way to meet new people and make new friends.
Don’t compare yourself to others. Everyone’s experience with divorce is different. Don’t compare yourself to others or try to keep up with their timelines.
Forgive yourself and your ex-spouse. Holding on to anger and resentment will only hurt you. Forgiveness is a gift that you give yourself.
Seek professional help if needed. If you’re struggling to cope with your divorce, don’t be afraid to seek professional help. A therapist can provide you with support and guidance as you heal.

Remember, you are not alone. Millions of people go through divorce every year, and there is help available. Take care of yourself and focus on moving on in a healthy way. If you are going through this rough stage of life right now, do seek help from a divorce lawyer to ensure that your rights are protected (for non-Muslims in Malaysia).

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