SIS
A public forum by Sisters in Islam titled “Exploring women’s rights within the framework of Islam and Malaysian laws” aimed to empower and foster a comprehensive discussion on the intersection of women’s rights with Islamic principles and Malaysian legal standards.
It did this by discussing themes such as gender equality, legal rights, women’s roles in Islam, youth perspectives and societal norms.
A diverse range of panel members, each well-versed in their distinct fields of law and advocacy, came together to discuss key issues.
Rozana Isa, executive director of Sisters in Islam (SIS), gave her keynote speech on the challenges Muslim women face in addressing women’s rights in Islam.
Discussions on women’s rights within the Islamic framework in Malaysia are often restricted to religious authorities, sidelining the lived experiences of Muslim women, particularly in Sharia courts.
Despite the progressive beginnings of Islamic family law in Malaysia, subsequent amendments have eroded protections for women, making it difficult for them to achieve justice and equality.
Historical struggles, legislative impact
Over the years, women in Malaysia have had to fight for their rights through persistent advocacy. Laws like the Domestic Violence Act and the Anti-Sexual Harassment Act were not granted easily but were the result of long struggles.
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Despite constitutional amendments, discrimination against women, especially Muslim women, persists, particularly in areas like citizenship rights and legal guardianship.
Female representation lacking
The lack of women in decision-making positions, such as Parliament and state legislative assemblies, has contributed to regressive legal changes that disadvantage women.
Increased female representation is crucial to ensuring that laws better protect women’s rights and promote gender equality in Malaysia.
Religious interpretations
Ismail Yahya, a former Terengganu Sharia chief judge, addressed key issues including women’s rights before, during, and after marriage; inconsistencies in Islamic family law reforms; and children’s fundamental rights.
He highlighted the challenges of legal reforms in addressing domestic violence and the difficulties women face in Sharia courts.
Referencing Kitab al-Umm by al-Shafi’i, he explained that female genital mutilation lacks Islamic justification.
Ismail also shared his challenges in advocating for women’s rights and the flawed implementation of legal reforms.
Legal rights
Dara Waheda, an advocate and solicitor, touched on legal rights.
The discussion on women’s rights in Malaysia involves the Constitution, the UN Convention on the Elimination of All Forms of Discrimination against Women Cedaw) and Islamic family law.
While the Malaysian Constitution guarantees equality, its implementation remains inadequate.
Malaysia ratified Cedaw in 1995 but still faces issues such as job discrimination and no protection against marital rape.
Sisters in Islam submitted a shadow report highlighting challenges such as divorce, financial rights, female genital mutilation and polygamy.
With Islamic family law managed at the state level, reforms and collaboration between the government, NGOs and society are needed to ensure justice and equality.
Gender equality
Nazreen Nizam, the acting executive director of the Women’s Aid Organisation, provided insights into a number of multifaceted strategies for promoting gender equality.
She emphasised that building awareness and empowering women at the grassroots level is essential, enabling them to advocate for their rights and become community leaders.
Engaging men and boys in discussions about respectful relationships from an Islamic perspective is equally important to effect meaningful change.
Societal norms
Melissa Akhir, co-founder of Kemban Kolektif, provided a comprehensive analysis of societal norms and the obstacles to achieving gender equality in Malaysia.
She highlighted the issue of the double burden on women and how they are now required to work in the formal sector, while men are still not required to undertake unpaid work in the home.
Melissa also examined the systemic barriers that perpetuate gender discrimination, including the cycle of violent abuse that can escalate to femicide, which undermines women’s fundamental right to life.
Youth
Hisham Muhaimi, the project coordinator at Initiate.my, highlighted the role of conservatism of youth and how this affects gender equality.
He drew upon a survey conducted by Merdeka Center between October 2021 and January 2022, which revealed significant views among Malaysian Muslim youth.
A striking 82% of the youth agreed that the Quran should replace the Constitution, while 65% felt that Muslims should vote exclusively for Muslim leaders.
He discussed how Islamic hegemony in Malaysia has created an environment enabling intolerance to thrive. These conservative norms not only influence public attitudes but also impose strict controls on women’s dress codes and behaviour in public spaces, significantly affecting gender equality.
He then discussed how youth extremism has been perpetuated through social media, ultimately creating hate content on platforms such as TikTok.
The public forum highlighted the regression of women’s protection and insufficient implementation of legal reforms. Discussions centred around the need for better legal safeguards, increased female representation, and ongoing efforts to address gender inequality.
Key issues included the inadequacies in Islamic family law, persistent discrimination and societal norms affecting women’s rights.
The forum emphasised the importance of continued advocacy and reform to achieve true gender equality that is in line with Islamic principles and the moral standards of Malaysian society.
The forum concluded with a call for actionable reforms, increased representation, and sustained efforts to overcome barriers to women’s rights in Malaysia. – SIS
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