ON May 22, 2024 during the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) convened in Geneva, Switzerland, the Malaysian government delegation engaged in a constructive dialogue session with the committee.

Adopted by the United Nations General Assembly in 1979, CEDAW is an international treaty dedicated to eradicating discrimination and advancing equal rights for women globally.

Malaysia ratified this pivotal treaty in 1995, affirming its commitment to implement measures aimed at terminating discrimination against women. As part of this commitment, signatory countries are obliged to report every four years on progress made towards these goals.

Non-governmental organisations (NGOs) play a crucial role in this process by submitting shadow reports and making oral statements before the CEDAW Committee.

Sisters in Islam (SIS), along with other women’s rights groups, contributed significantly to this shadow report and presented oral statements to the committee.

In these submissions, SIS highlighted several profound challenges Muslim women face in obtaining justice within the family, particularly in the Syariah legal system:

Lengthy divorce process if initiated by Muslim women

While mutual divorce agreements between Muslim men and women and unilateral divorce by Muslim men can be concluded swiftly, Muslim women who initiate a fasakh divorce continue to endure a long and arduous process for approval in Syariah Courts.

Challenges in securing financial rights for Muslim women and their children

Muslim women initiating fasakh divorce, despite being entitled to file for ancillary matters, often do not pursue these rights due to the exhaustive demands of the divorce process.

The existing Syariah legal system does not facilitate women in claiming their rights but instead forces them to forgo these rights.

Women from lower-income families may view these efforts as futile, while those from middle and upper-income families face similar pressures, especially when they receive less than 30% of joint matrimonial property.

The inconsistency in the division of matrimonial assets further deters divorced women from pursuing their rightful claims.

Resistance towards implementation of legal provisions

Despite legal provisions allowing Muslim women to add conditions (takliq tambahan) to their marriage contracts, these conditions are not recognised or upheld in practice.

The struggles faced by Muslim women in Malaysia’s Syariah legal system result in systemic inequalities that erode their fundamental rights enshrined in the Federal Constitution. The Syariah legal framework, in certain aspects, remains biased against women.

Female circumcision

Despite the outcry for change, 93% of young girls are still subjected to the practice of female genital mutilation/cutting (FGM/C), which has no medical benefit and leaves lifelong scars on their bodies.

Child marriage

Child marriage remains an issue in Malaysia. In 2020, 441 out of 445 students who dropped out of school to get married in Perak were girls.

This statistic highlights the tragic reality of lost childhoods and shattered dreams under a system failing to protect its most vulnerable.

Polygamy

The practice of polygamy, while permitted under Islamic law, often results in unequal treatment and significant emotional and financial strain on women.

Legal loopholes and inconsistent enforcement allow men to manipulate the system, further eroding the rights of wives. Women in polygamous marriages frequently face challenges in securing their financial

rights and the well-being of their children, exacerbating gender inequalities within the family structure.

Call for action

The pressing issues affecting Muslim women must remain at the forefront, and the government must do more than pay lip service.

The obstacles Muslim women face are immense but not insurmountable. With unwavering political will and structural reforms, change is possible.

Key areas for reform include:

Malaysia’s commitment to addressing these challenges will define its path toward true gender equality. The government must heed the CEDAW committee’s recommendations and reignite the spirit of progress that once defined our nation.

Malaysia, once a beacon of progressive Islam, stands at pivotal crossroads. The world watches as the nation grapples with its commitment to the women who form its backbone.

The government must act with resolve, ensuring that the principles of equality and justice for all women are not just ideals but lived realities.

We demand that meaningful steps are taken to create a more just and equitable society for all its citizens. - May 27, 2024

Sisters in Islam is a non-governmental organisation working towards advancing the rights of Muslim women in Malaysia within the framework of Islam, universal human rights principles, constitutional guarantees, as well as the lived realities and experiences of women.

https://focusmalaysia.my/malaysias-commitment-to-cedaw-and-addressing-gender-discrimination-challenges/