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January 12, 2006

Malaysia: Islamic Family Law Bill Put On Hold

Malaysia's controversial Islamic Family Law Bill was rushed through the parliament, gaining legal approval on December 22, even though it openly discriminates against women, and allows husbands to freeze the assets of his wives and their children in divorce cases.

Today, news from China People's Daily, the Khaleej Times and Daily Star, states that the bill, which has drawn widespread protests, has been suspended from implementation into law.

The Minister in the Prime Minister's Department, Datuk Seri Nazri Aziz (pictured), who had earlier admitted that the bill was known to be flawed, made an announcement to the effect that the Islamic Family Law Bill is not currently on the statute books until it has received further consultation and discussion. Nazri had earlier said that though known to be problematic, the bill was made law in the hope that once implemented, changes could be made afterwards.

"The Cabinet takes the objections from the women seriously. Therefore, we really have to look at their views thoroughly, so, eventually, when we amend the Act, women will not feel discriminated against," Nazri announced.

There had been a planned meeting with women's leader Datuk Seri Shahrizat Abdul Jalil, of the Women, Family and Community Development Ministry. As she had gone to Mecca on Haj, the meeting, which would have also included the Attorney-General, was deferred.

Nazri announced that Prime Minister Datuk Seri Abdullah Ahmad Badawi wished to consult with women's groups on the matter. Local press reports have claimed that Prime Minister Badawi instructed the cabinet not to set a date for the enforcement of the act.

The group Sisters in Islam welcomed the delay in gazetting the law, but said that in some states, a version of this law has already been in force since 2003, and these needed to be subjected to a moratorium. Sharifah Mas'ad Azzahir said: "It is great news for us, but we are proposing to redraft the law instead of just making amendments," before reminding the press that only two states do NOT practice this law at present.

A few days ago the Sabah Muslim Women Lawyer's Association gave its support for the bill, even though they admitted there were one or two reservations. But they appear to be the only women's group to favour it.

This particular law may be thrashed out to a successful outcome, but it is only a surface blemish. A deeper condition in the Malaysian body politic, the confused constitution. The constitution gives exclusive rights on certain forms of justice to the Syariah (Sharia) Courts. These are constitutionally given sole jurisdiction over issues of Islam and Islamic law, and their rulings are not allowed to be interfered with by civil courts.

Recently, the flaw in the system was revealed by the case of L/Kpl M. Moorthy a Hindu who was buried as a Muslim on the orders of the Sayariah courts. They acted because Muslim army colleagues told them, while Mr Moorthy was in a coma a couple of weeks before his death, that he had converted to Islam. They took the words of these men over the word of his Hindu wife, who said her husband was still eating pork, drinking alcohol and attending Hindu festivals, until he fell from his wheelchair and went into a coma.

Moorthy's widow Kaliammal went to a High Court to have a ruling, but the court judge told her he had no power to alter a decision which fell under the jurisdiction of the Syariah Courts. Her husband was taken away and buried as a Muslim. The deputy prime minister, Datuk Seri Najib Tun Razak, made efforts to allow her increased widow's entitlements, but the weakness in the system had been exposed.

But the weakness has been exposed for a long time, in the treatment of those who decide that they wish to leave Islam, such as Kamariah Ali, who also had a high court case, in which she sought a ruling that she had freedom under the constitution to follow a religion of her choice, thrown out on December 28. As the issue came under "apostasy", the judge said he had no power to act.

The constitution does claim, in its third Article, section 1, that, as well as Islam "other religions may be practiced in peace and harmony in any part of the Federation". Except the issue of apostasy, and who is a Muslim, is decided by the Syariah courts, who do not allow apostasy.

Kamariah Ali (pictured, right) is a member of the Sky Kingdom cult. This group has experienced extreme persecutions at the hands of the Syariah Court of Terenggan state. Seven years ago, Kamariah Ali and others publicly declared that they were no longer Muslim. This declaration was ignored by the Syariah Courts, who continually subjected Kamariah to prosecutions. She has spent time in jail for her "heretical" beliefs.

Her husband, Mohamed Ya, was given two years' jail for "belittling Islam" and died shortly after his release. All because the Syariah Courts claimed they could not apostasise, and were therefore still Muslim, but heretical and fit to be punished. And the civil legal system has absolutely no power to act, because Article 121 (1A) of the constitution declares civil courts to have no jurisdiction on "any matter" which falls within the scope of the Syariah courts.

Officially, those who are not Muslim are not subject to the Syariah courts, unless they have the misfortune to marry a Muslim, and then go through a divorce. But in practice, the 10% of Malaysia's population which is not Hindu is feeling the encroachment of the Syariah Courts into every aspect of their lives.

Today, the Inter Press Service News Agency runs an article about groups of non-Muslims who are demanding protection from the Syariah Courts.

In Malaysia, while the protesters are themselves surprised at the support their movement has received, a strong undercurrent of dissatisfaction has been building up among the country's minority communities against fundamentalists pushing the Islamic way into many matters -- from banking, and halal (kosher) food to family matters, education and personal issues such as religious conversion.

In effect, two parallel societies -- Muslim and non-Muslim -- have gradually replaced what was a pluralistic, secular Malaysian society, based on common law that was the legacy British colonials handed over on a platter on independence in 1957.

Indigenous Malays, nearly all of whom follow Islam, form 60 percent of Malaysia's 24 million people while Chinese, who are mostly Buddhists, make up 30 percent and the largely Hindu Indians another eight percent. There are smaller racial groups such as Eurasians.

30 influential HIndu associations have formed a group, Hindu Rights Action Force (HRAF) to protect the rights of minorities to religious freedom. This week they petitioned the Malaysian King, who in the constitution is the head of the nation's Islam, to intervene.

Leader of the opposition, Lim Kit Siang, led calls for the change in the constitution. The Article 121 (1A) was amended in 1988 to state that cicil courts had no say on issues which fell under the jurisdiction of the Syariah system. "We would like to call for the repeal of the amendment and a restoration of the pre-1988 article," he said.

However, Muslim groups have vowed to resist any changes which weakened the control of the Syariah system.

Human rights lawyer P. Uthayakumar states "We non-Muslims have suffered long enough. The government should intervene immediately and put an end to non-Muslim fears and misery. The uncertainties have gone on for far too long."

Posted by Giraldus Cambrensis at January 12, 2006 7:17 PM

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