Withdraw discriminatory bill, urge womens groups
A coalition of six women's groups want a bill, which they claim discriminates against Muslim women, to be withdrawn from being passed in the Dewan Negara by Thursday.
A coalition of six women's groups want a bill, which they claim discriminates against Muslim women, to be withdrawn from being passed in the Dewan Negara by Thursday.
The Joint Action Group on Gender Equality (JAG) said certain amendments to the Islamic Family Law (Federal Territories) (Amendment) Bill 2005 passed by the Dewan Rakyat on Sept 26 will result in 'further injustice and discrimination against women'.
Although several amendments to the bill aimed to safeguard the interest of justice for Muslim women in the country, others could have the opposite effect, JAG spokesperson Zainah Anwar told a press conference at Parliament House today.
The bill was only given two days for debate in the Dewan Rakyat, which was not sufficient and hence parliamentarians could not discuss the matter with the relevant parties, she added.
"Therefore, we hope that the senators will re-examine these disturbing amendments and propose that the bill be withdrawn for review and re-submit it to the Dewan Rakyat, having taken into consideration the submissions made by women groups and other interest parties," she said.
Zainah also lamented that the relentless lobby by women's groups against these amendments since it was made public in 2002 had been in vain.
"Authorities we met told us tak apa lah (never mind), just accept the bill and after that we can work together towards the amendments (on the disputed clauses)," she said
In a renewed campaign, the coalition has handed over a copy of the memorandum to every woman senator and some of their male counterparts, including the Upper House President Dr Abdul Hamid Pawanteh last week.
The controversial amendments
The five main controversial amendments contained in the bill are:
1) The right of the husband to claim a share of his existing wife's property upon his polygamous marriage. JAG is concerned that it will be abused by irresponsible husbands.
2) Making polygamy easier for men. The principal provision of the Islamic Family Law (Federal Territories) Act 1984 provides that the proposed marriage must be "just and necessary" but this has been amended to "just or necessary".
3) Forcing a wife to choose maintenance or division of joint property upon a husband's polygamous marriage. JAG is of the view that the wife should not be asked to choose one or the other as she is entitled to both under Islamic law.
4) Extending the wife's right to fasakh divorce to the husband, even though he still possesses the absolute right to pronounce the talaq to divorce his wife. JAG said the husband's right to divorce has been further increased but the wife's right remains unchanged.
5) A husband can now get a court order to prevent or restrain his wife from disposing her property even though under the hukum syara (Islamic laws), the wife has no responsibility to provide maintenance. JAG described this amendment as "gross, unbelievable and unjust' as the husband has no right over his wife's property but the wife has right over her husband's property in respect of maintenance for herself and their children.
JAG comprises Sister in Islam, All Women's Action Society, Women's Aid Organisation, Women's Centre for Change, Women's Development Collective and the Malaysian Trade Union Congress Women's section.
Report this comment


Are you sure you want to delete this comment?
This action cannot be undone.