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Malaysiakini.com

15th March 2006

 

SIS: Re-look ‘discriminatory’ Islamic laws

Nurul Nazirin

 

Islamic laws in Malaysia are discriminatory and fail to protect women, Sisters in Islam (SIS) legal officer Razlina Razali told a seminar in Kuala Lumpur today.

In view of this, she stressed the laws, which also espouse double standards, must be re-examined and attributed the problem to social norms that differentiate between the roles of men and women.

She was speaking at the two-day seminar, which commenced yesterday, entitled ‘Women in times of armed conflict and peace’. It is organised by the Kuala Lumpur Regional Delegation of the International Committee of the Red Cross (ICRC) in collaboration with the Southeast Asian Association for Gender Studies.

Held in conjunction with the recent International Women’s Day, the seminar aims to promote discussions and awareness on issues concerning women in times of armed conflict and peace.

Elaborating, Razlina claimed that the rights of women, especially those who filed for divorces in the Syariah Court, have not been protected.

In most cases, she said the laws are lopsided, giving advantages or benefits to men while women are the real victims whenever divorce occurs in the Muslim community.

“There is no allocation of time limit in the proceedings,” she added, lamenting that the process took longer if the divorce is filed by the wife.

Alimony payment

Razlina said other problems faced by women who go through divorce, is that husbands are allowed to claim alimony payment and this provides more benefits for the men.

For instance, she said if the husband has three wives, he can ask for alimony payment from all three of them wives.

While the religion allows Muslim men to marry more than one wife, the Islamic laws do not protect the latter.

“Not all states (in Malaysia) need to get permission from the court for polygyny,” she said, citing Perak as an example, where husbands are not required to get permission from their wives before remarrying.

According to Razlina, Islamic laws in Selangor and Kuala Lumpur also leave much to be desired in terms protecting women.

She said in these places, marriages conducted abroad are accepted and polygynous husbands will only be slapped with RM1,000 fine or jailed for not more than six months.

“Even if the first wife does not agree, the (the second) marriage is still valid,” she added.

Razlina said these laws must be ‘nuetralised’ to create a more just and equitable society as well as developing an environment that promotes harmony among men and women.

 

Protective mechanism

Meanwhile, Human Rights Commission of Malaysia commissioner Dr Raj Karim, presented a paper on how the government could assist during war time. She said that it is the responsibility of the government to guarantee the safety of women and children in times of conflicts.

“(At the moment) The government has no protective mechanism...we need to have protection mechanism, we need to have legal protection for these mechanism,” she said.

She also highlighted on the need to have a code of conduct for people working at conflict area, so that the rights of these women are protected.

Other speakers at the seminar were All Women’s Action Society Alliance Building Manager Betty Yeoh, Director of Empower Mohamad Yunus Lebai Ali, Asian Forum for Human Rights and Development representative Pornpen Khongkachonkiet and Malaysian Red Cresent Society member Fatimah Sulaiman.