Shariah lawyer Muhammad Shafiq Ibrahim explained that, by definition, cold violence refers to a passive form of emotional or psychological abuse.

Unlike physical violence, it manifests through deep emotional neglect – such as refusing to speak despite living under the same roof; withdrawing both physically and emotionally; refusing to spend time with a spouse; or maintaining a cold and sarcastic attitude that slowly erodes a partner’s self-worth.

The impact, he said, is often prolonged conflict without any clear explanation.

Although the term “cold violence” itself does not explicitly appear in Malaysian law, Shafiq stressed that its essence is already captured within broader legal definitions.

He pointed to the Domestic Violence Act 1994 (Act 521), which under Section 2 defines domestic violence as any act that causes psychological abuse, including emotional harm, by a spouse or former spouse, either directly or through another person.

The Penal Code, under Section 326A, also provides punishment for causing harm to family members – including psychological harm.

From an Islamic legal perspective, the Islamic Family Law (Federal Territories) Act 1984 (Act 303), Section 52(1)(d)(h)(i), allows for the dissolution of marriage (fasakh).

Grounds include failure to fulfil marital obligations without reasonable cause (such as withholding conjugal rights); cruelty by the husband leading to emotional suffering; refusal of intimacy for more than four months; and other recognised grounds that cause harm or hardship to the marriage.

“In that sense, cold violence is indeed recognised as a form of emotional abuse in the context of marriage. Even though the phrase itself is not explicitly mentioned in Malaysian statutes, it falls under the legal umbrella of emotional and psychological abuse,” Shafiq explained.

In fact, both the Domestic Violence Act 1994 and the Islamic Family Law Act/Enactments recognise behaviours such as prolonged emotional neglect, intentional isolation, repeated sarcasm or humiliation, and the deliberate withholding of communication or intimacy without valid reason as forms of psychological abuse.

‘Far more challenging’

While cold violence and physical violence differ in form, proof, and legal consequences, Shafiq noted that both fall within the broader scope of domestic violence under Malaysian law.

When it comes to court proceedings, proving cold violence can be far more challenging than physical abuse. Unlike cases involving bruises and wounds, or medical records that serve as immediate evidence, cold violence leaves no visible scars.

Shafiq stressed that passive acts – such as prolonged silence or emotional withdrawal – are extremely difficult to establish without a consistent pattern of behaviour.

“Evidence often relies on the victim’s perception, and emotional abuse is measured by its psychological impact, which is not easily quantified in objective terms,” he said.

For the courts, the burden of proof is heavy: the behaviour must be shown to be deliberate and ongoing, and to have a clear impact on the victim’s mental health.

Still, Shafiq noted that while difficult, it is not impossible if victims gather the right evidence. This could include psychiatric or psychological reports confirming depression, trauma, or emotional distress caused by a partner’s actions.

Victims may also support their claims by documenting communication records – such as text messages, emails, or notes – that reflect neglect, insults, or rejection of interaction, along with dated personal journals that reveal recurring patterns.

“If proven, the psychological effects of cold violence can warrant a protection order,” he said. From a shariah perspective, fasakh or taklik divorce applications may also be granted if there is evidence of serious emotional harm or neglect of marital obligations.

In contrast, cases of physical violence may proceed under criminal charges through the Penal Code, alongside possible protection orders.

“Regardless of whether it is cold violence or physical violence, both are legally recognised as forms of domestic violence and can form valid grounds for protection or divorce,” Shafiq concluded.