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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.