Sisters In Islam (SIS) has urged the authorities to postpone the enforcement of the Selangor Family Law Enactment 2003 until a further review is done o­n it to ensure justice is done to Muslim women.

SIS research manager Nik Noriani Nik Badli Shah said some of the provisions of the enactment needed to be changed as they would do more harm to women rather than enhancing their position.

Further discrimination

"We have to discuss the matter further as some of the amended provisions have the effect of further discrimination against women."

"Our general view is that it failed to balance the rights of men and women as the amended sections had actually provided more rights to the men," she told a press conference yesterday.

She said SIS also noted that while many of the traditional rights given to women have been extended to the men, no corresponding amendment is made to enhance the rights of women.

The relevant provisions involve the issues of divorce, distribution of matrimonial property and conditions in polygamy. The enactment was passed by the Selangor state assembly two weeks ago and would be enforced o­n a date to be notified.

Nik Noriani also provided details of the relevant provisions, their reasons of objections and their recommendations to ensure that women, who are equal partners in a marriage, are protected.

Among others, she said that section 23(5) of the enactment must be changed because instead of tightening the conditions to adhere to the Islamic requirement that justice be served in a polygamous marriage, it had actually loosened it.

She also complained against section 23(10)(b) because while it allows an existing wife to be given a share of the husband's matrimonial property, it also allows the husband to make a similar claim before taking a new wife.

She said the provisions of section 53 also have to be reviewed as it gives the husband the right to a fasakh divorce (annulment of marriage) - a right which originally was given to the wife - o­n top of his existing right to the traditional right to divorce.

Inter-agency committee

Meanwhile in a press statement issued today, SIS called for the setting up of an inter-agency committee to review the Islamic family laws. The agency should include representatives from women's groups, it said.

"We are deeply troubled that the Selangor Family Law Enactment 2003 - which contains amended provisions that effectively further discriminate against women - serves as the blueprint to be adopted by other states, in line with the government's call to streamline Islamic family laws," it stated.

It also expressed its disappointment that the opportunity to improve women's position through the Islamic legal framework has failed yet again.

SIS also lamented that very few of their recommendations, which were arrived at after rigorous analysis of the Islamic laws, were reflected in the enactment.