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Women and the Law: Significant Developments in Malaysia

Published online by Cambridge University Press:  02 April 2024

Mehrun Siraj
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Abstract

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The author discusses the complex ways in which a multiplicity of conflicting laws relevant to marriage and divorce have affected Malaysian women, both Muslim and non-Muslim. Further, it examines efforts to standardize statute and practice in these areas from the 1970s to the present. It focuses in particular on multiple marriage statutes in effect until 1970 for Chinese and Hindu Malays and on the Law Reform Act 1976 that attempted to regulate customary marriage practices for non-Muslims. It also examines the codification of Islamic family law in the 1980s as a way of clarifying the legal rights of Muslim women, focusing on the Kelantan Island Family Law Enactment 1983. It also describes political action by women in Malaysia to raise public awareness about domestic violence, to amend the Penal Code on matters of violence against women, and to establish a training program for police in rape investigation.

Type
II. Women, Family, & Law
Information
Law & Society Review , Volume 28 , Issue 3: Special Issue: Law & Society in Southeast Asia , 1994 , pp. 561 - 572
Copyright
Copyright © 1997 by The Law and Society Association.

References

1 “L.P.” stands for Lord President (the head of the judicial system in Malaysia).

2 The Registration of Marriage Ordinance was not repealed but ceases to have any effect or application in view of the provisions for registration in the LRA and the legislation relating to Muslim marriages.

3 The Federal Territory is made up of Kuala Lumpur in Peninsular Malaysia as well as Labuan in Sabah in East Malaysia.

4 The primary sources are the Quran and the hadith. Where there is no clear rule, Ijma and Qiyas are resorted to.

5 In December 1992 the chief kadi of Kelantan issued a directive to all kadis and Shari'a judges to inform wives of their husbands' application for permission to take another wife. So the current practice is to inform wives.

6 Nafkah edah is maintenance during the period of edah, which is for three menstrual cycles after the pronouncement of the talaq or for three months for those not menstruating; mutaah is a consolatory gift for a woman divorced without just cause; maskahwin is the dower payable to a women at the time of the marriage. Payment may be deferred and if still owing at the time of the divorce, it must be settled.

7 A takliq divorce is available to a woman in the event of a breach of any of the conditions that the husband agreed to at the time of the marriage and set out in the surat takliq, which he must attest; a fasakh divorce is in the nature of a decree made by the Shari'a court upon the establishment (or proof) of one of the many grounds for divorce.

8 The NGOs in this case are the University Women's Association, the Women's Aid Organisation, the Selangor Consumers Association, the Association of Women Lawyers, and the Malaysia Trade Union Congress (Women's Committee).

9 From the speech in Parliament of Democratic Action Party opposition M.P., Dr. Tan Seng Giau (Malaysia 1989:vol. 3, no. 14, p. 52).