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Also, please continue reading for Sisters in Islam website: http://www.sistersinislam.org.my/wn_research.htm
 

Malaysia: Family Law Bill Issues for Malaysian Muslim Women

4/01/2006: We have received this open appeal for support from like-minded Muslim organizations and individuals around the globe to protest the recent passing of the Islamic Family Law (Federal Territories) (Amendment) Bill 2005 by the Malaysian Senate.

To the ire of Malaysians of all faiths, both men and women, the Upper House of the Malaysian Parliament passed the Islamic Family Law (Federal Territories) (Amendment) Bill 2005 on 23 December 2005. The Bill was passed unanimously despite vehement objections from several women’s groups and severe objections from at least 12 women Senators. The Senators ultimately voted in favour of the Bill, because the ruling party invoked a three-line whip on potentially dissenting Senators.

However, we feel these amendments:

Please also bring this to the attention of like-minded networks around the world. We value, and humbly thank you for, your support and concern.

Wassalam.

Sisters in Islam
Petaling Jaya
Malaysia

WHAT YOU CAN DO

We now need your support. It would be extremely helpful if like-minded Muslims around the globe expressed their concern to the Malaysian government regarding this issue.

To date, several women’s groups, both secular and faith-based, have responded vehemently to the passing of this Bill. Several ordinary citizens of all faiths, men and women, have also been writing to the press, and to the Malaysian government, to express their outrage over this issue. A group calling itself Muslim Men for Gender Equality has also issued letters to the press protesting the passing of the Bill.

BACKGROUND

The five clauses of the Bill that were objected to were:
  1. Making polygamy easier by amending the existing condition of “just and necessary” to “just or necessary”.
  2. Increasing the husband’s power to divorce by extending fasakh - judicial order for dissolution of marriage - to the husband as well. The provision for fasakh previously granted women 12 grounds for divorce. The amendment to this is discriminatory because the husband still retains his unilateral right to divorce (talak) anywhere, anytime without reason, and even through sms.
  3. Enabling husbands to prevent the disposition of property by a wife or former wife, in order to protect the husband or former husband’s financial claims on the woman’s property. This amendment, already adopted in Johor state, has led to our first case of a husband obtaining a court order to freeze the bank accounts of his wife in order to claim matrimonial property.
  4. Removing the husband’s responsibility of maintenance in cases of polygamy or divorce. A new section forces the wife of her polygamous husband to choose, as alternatives, either to apply for order of maintenance or to apply for order of division on joint matrimonial property (harta sepencarian).
  5. Enabling the husband to claim harta sepencarian from his wife or existing wives, in cases of polygamy or divorce.
The amended Bill:
 
If we were to benchmark against best practices in terms of gender equality, we will see some glaring contradictions between laws in Malaysia and laws in the rest of the Muslim world, for example:

In the case of polygamy, Tunisia bans it on the understanding of Surah An-Nisa, Verse 129, that no husband can treat their wives equally.

Regarding rights to divorce, in Bangladesh and Pakistan, wives can instate an optional clause in their taqliq (marriage contracts) to claim talak tafweed (where the right to divorce is given to the wife without losing her rights to guardianship nor property).

Regarding an overall reframing of Muslim personal status laws, Morocco has produced an amended Moudawana that has been hailed as one of the most progressive Muslim family law codes in the world, in terms of securing gender equality and justice.

In reality, the Islamic Family Law Bill was amended in 1984, and these amendments were a good step towards securing Muslim women’s rights within marriage at that time. However, a series of amendments in 1994 rolled back several of these rights. Muslim women have since suffered greatly, whether due to biases in the Shari’ah judicial process or gender bias in the substance of the law itself. Furthermore, Islamic laws fall under the jurisdiction of the individual states in the federation, and hence these laws were not streamlined for a long time. This latest series of amendments is ostensibly meant to streamline the different versions of Malaysia’s Islamic family laws to ensure more effective application, but has instead exacerbated the vulnerability of Muslim women in marriage.
 
________________________________________________________________________________________________
 
http://www.sistersinislam.org.my/wn_research.htm
 
 
Wednesday 4 January 2006
 

Check out Public Holidays for 2006 (Open & Closure)
What's New

The controversy surrounding the Amendments to the Islamic Family Laws

The recent amendments to the Islamic Family Laws (FT) Amendments Bill 2005 continue to discriminate and cause gross injustice against Muslim women. The use of religion to justify this, as well as the way in which these laws were passed, is simply unacceptable. This has to change.

Click the following to read more about this and on how you can do to stop this bill from being implemented and help to ensure justice for women.

JAG Press Release on New Muslim Family Law and Public Hearings
The Joint Action Group for Gender Equality (JAG) calls for a new model Muslim Family Law based on the principles of justice and equality to deal with the realities of changing times and circumstances affecting Muslim men, women and the family institution in Malaysia today. Read more...

Press Statement on Misuse Amendments to Islamic Family Law Bill, Federal Territories , 2005
Sisters in Islam welcomes the proposed amendments to the Islamic Family Law Bill tabled in Parliament that will enable the first wife to claim her share of harta sepencarian (matrimonial property) upon her husband’s polygamy. However, these two positive amendments and other amendments contain loopholes and weaknesses that are open to abuse and will further discriminate against women.
Read more...

Memorandum to Ahli Dewan Negara to Review the Islamic Family Law (Federal Territories) (Amendment) Bill 2005
This memorandum by the Joint Action Group on Gender Equality (JAG) is handed over to members of Dewan Negara to request a withdrawal and review of the Islamic Family Law (Federal Territories) (Amendment) Bill 2005, passed by the Dewan Rakyat on 26 September 2005. Whilst several amendments in this Bill aim to safeguard the interests of justice for Muslim women in this country, nevertheless we are concerned that these and other amendments in the Bill will result in further injustice and discrimination against women. Read more...

Press Statement by All Women's Action Society (AWAM)
In response to the Bill on the amendments to the Islamic Family Law, the All Women's Action Society (AWAM) wishes to voice its grave concerns on the substance of the amendments as well as the manner with which the Bill was passed. Read more...

You may read the debates on the recent Federal Territories Islamic Family Law amendments from local and international newspapers as well. However, you need to subscribe to them to allow you reading the stories. Kindly contact us if you want a copy of a particular report.

- The Sun, 3rd January 2006: Don't gazette unjust Bill
- NST (Malaysia), 1st January 2006: The Sunday interview with Datuk Dr. Abdullah Md Zin and Zainah Anwar
- AFP, 29th December 2005: Fury in Malaysia over Islamic bill on polygamy, divorce (subscription needed)
- South China Morning Post, 27th December 2005: Outraged feminists move against new law on divorce, polygamy in Kuala Lumpur (subscription needed)
- Sunday Mail, 25th December 2005: For the good of the order...(subscription needed)
- NST (Malaysia), 24th December 2005 : Don't enforce law, government urged (subscription needed)
- Associated Press, 22nd December 2005: Contentious Islamic law amendment passed in Malaysian parliament (subscription needed)
- BBC News Online, 22nd December 2005: Row over Malaysian family laws
- Associated Press, 22nd December 2005: Malaysian women legislators warn possible changes in Islamic law will hurt wives' rights (subscription needed)

For those who are interested to look in more detail amendments that further discriminate against Muslim women, kindly go to Resource Centre and hit Memorandums to read:

- Memorandum submitted to the Government in 2002 comparing provisions in the 1984 Islamic Family Law and the new bill.
- Letter to National Fatwa Council in 2000 on its fatwa that EPF and SOCSO monies to be divided according to Faraid. It also includes reference to the 1996 amendment to the Insurance Act where the nominees cannot inherit the money, but subjected to Faraid as well.
- Equal Right to Guardianship for Muslim Women, 1998.
- Syariah Criminal Offences Act and Fundamental Liberties, 1997.
- Reform of the Islamic Family Law and Administration of Justice in the Syariah System, 1997.
- Reform of the Islamic Family Law on Polygamy, 1996.
Legal Literacy

Legal Clinic - Shariah & Civil Law (every Monday, Wednesday & Friday from 9.00 am to 5.00 pm)
SIS provides free legal counselling to women and men who do not want to wait for answer in the weekly column. They can write in by email, mail, fax or call us at 7960 4485, or come to see us face to face (by appointment only) for advice.

You can download the sample of takliq letter here.

Column in Utusan Malaysia (every Friday)
Isteri Tuntut Cerai Taklik, 9 Disember 2005
Saya telah membuat permohonan cerai taklik di Mahkamah Rendah Syariah. Puncanya, suami saya telah ....

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