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June 1, 2006
Malaysia: Islamic Court Denies Woman Her Right To Choose Husband
The New Straits Times reports that a woman who is five months pregnant and was already married has had her marriage annulled by a Syariah (sharia or Islamic) court.
The reason for the annulment is that 22-year old Nornashimah Mohd Nor had not asked for permission from her "guardian" or wali before she became married to 32-year old Mohammad Amir Zulhibri Jaafar.
The woman's wali in this case is her father, 52-year old businessman Mohammad Nor Ali Bakar. He had brought the case to the Syariah court.
Judge Abdul Rahman Mohammad Yunos said he had no other option as he made his verdict. Nornashimah cried when the verdict was read out.
Even if the couple remarry, their child will be officially classed as "illegitimate", and will therefore undergo stigma.
The couple can not go to a civil court to contest the ruling, as an amendment made in 1988 to Malaysia's constitution in its Article 121 (1A) states that civil courts have no jurisdiction on "any matter" which falls within the jurisdiction of the Syariah (Sharia, Islamic Law) courts.
Marina, the daughter of former president Dr Mahathir Mohammed claimed in March that Muslim women are facing so much discrimination that they are undergoing a "growing form of apartheid". She wrote: ""Non-Muslim Malaysian women have benefited from more progressive laws over the years while the opposite has happened for Muslim women."
She was making an understatement.
Posted by Giraldus Cambrensis at June 1, 2006 3:59 PM
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