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Legal Governance of Microfinance in Malaysia: Addressing Borrower Default Through Tiered Enforcement and Institutional Sustainability

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  • Siti Amira Yaacob

    (Centre for International Law and Siyar, Faculty of Law, Universiti Kebangsaan Malaysia)

  • Ruzian Markom

    (Centre for International Law and Siyar, Faculty of Law, Universiti Kebangsaan Malaysia)

Abstract

Microfinance plays a pivotal role in supporting Malaysia’s small enterprises and financially underserved communities. Yet, borrower defaults pose a significant threat to institutional sustainability and financial inclusion. This article examines the role of legal enforcement in addressing borrower default and promoting good governance among Malaysian microfinance institutions. Using a doctrinal legal approach, complemented by qualitative interviews with five major related institutions, the study analyses enforcement mechanisms ranging from civil litigation to bankruptcy proceedings. It also investigates institutional practices and borrower categorization in the context of contractual obligations. The findings reveal that while legal action is an important tool for protecting institutional integrity, alternative strategies such as borrower education, community-based monitoring, and adaptive repayment structures offer complementary pathways to sustainability. The study concludes that an integrated legal-governance framework, combining enforcement with borrower-centric approaches, is essential for enhancing microfinance institutions resilience and policy alignment with the government financial inclusion agenda.

Suggested Citation

  • Siti Amira Yaacob & Ruzian Markom, 2025. "Legal Governance of Microfinance in Malaysia: Addressing Borrower Default Through Tiered Enforcement and Institutional Sustainability," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(7), pages 609-621, July.
    • Handle: RePEc:bcp:journl:v:9:y:2025:issue-7:p:609-621
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    1. Iain Clacher & Joshua Doriye & Suleiman R. Mohamed & Tadeo Satta, 2006. "Challenges facing banking in emerging markets," Journal of Financial Regulation and Compliance, Emerald Group Publishing Limited, vol. 14(1), pages 112-118, January.
    2. Andrei Shleifer & Florencio Lopez-de-Silanes & Rafael La Porta, 2008. "The Economic Consequences of Legal Origins," Journal of Economic Literature, American Economic Association, vol. 46(2), pages 285-332, June.
    3. Ali AL-Sharafat & Tala Qtaishat & Mohammed Majdalawi, 2013. "Loan Repayment Performance of Public Agricultural Credit Agencies: Evidence from Jordan," Journal of Agricultural Science, Canadian Center of Science and Education, vol. 5(6), pages 221-221, May.
    4. Ashok Parikh & Farman Ali & Mir Kalan Shah, 1995. "Measurement of Economic Efficiency in Pakistani Agriculture," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 77(3), pages 675-685.
    5. Niels Hermes & Marek Hudon, 2018. "Determinants Of The Performance Of Microfinance Institutions: A Systematic Review," Journal of Economic Surveys, Wiley Blackwell, vol. 32(5), pages 1483-1513, December.
    6. Hafezali Iqbal Hussain & Sebastian Kot & Fakarudin Kamarudin & Lim Huang Yee, 2021. "Impact of Rule of Law and Government Size to the Microfinance Efficiency," Economic Research-Ekonomska Istraživanja, Taylor & Francis Journals, vol. 34(1), pages 1870-1895, January.
    7. Chaves, Rodrigo A. & Gonzalez-Vega, Claudio, 1996. "The design of successful rural financial intermediaries: Evidence from Indonesia," World Development, Elsevier, vol. 24(1), pages 65-78, January.
    8. Levine, Ross, 1998. "The Legal Environment, Banks, and Long-Run Economic Growth," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 30(3), pages 596-613, August.
    9. Hermes, Cornelis & Hudon, M., 2018. "Determinants of the Performance of Microfinance Institutions: A Systematic Review," Research Report 2018008, University of Groningen, Research Institute SOM (Systems, Organisations and Management).
    10. Onyeagocha, Stephen Umamuefula Osuji & Chidebelu, Sunday Angus Nnachebe Dixie & Okorji, Eugene Chukwuemeka, 2012. "Determinants of Repayment of Loan Beneficiaries of Micro Finance Institutions in Southeast States of Nigeria," International Journal of Agricultural Management and Development (IJAMAD), Iranian Association of Agricultural Economics, vol. 2(3), pages 1-9, September.
    11. Hermes, Cornelis & Hudon, M., 2018. "Determinants of the Performance of Microfinance Institutions," Research Report 2018008-EEF, University of Groningen, Research Institute SOM (Systems, Organisations and Management).
    12. Nitin Bhatt & Shui–Yan Tang, 2002. "Determinants of Repayment in Microcredit: Evidence from Programs in the United States," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 26(2), pages 360-376, June.
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