Fathers rights become more entrenched in "liberal" Muslim nations (Malaysia)

Malaysia was once regarded as one of the more "progressive" Muslim nations for recognizing some minimal rights for mothers and children. No more. It's all fathers rights now.

http://thestar.com.my/lifestyle/story.asp?file=/2011/3/7/lifefocus/8166405&sec=lifefocus

Monday March 7, 2011
Double standards in family laws

IN THE Muslim world, Malaysia was once regarded as having the most progressive family law. Under the 1984 Islamic Family Law, divorce outside the court and polygamy without syariah court permission was outlawed.

A woman was entitled to a share of matrimonial assets even though she did not financially contribute to the acquisition. A man wanting to practise polygamy had to satisfy the court on his ability to fulfil five strict conditions. Also, the father of a child born out of wedlock was deemed responsible for the child’s maintenance.

In the 1990s, however, a different trend emerged which dismayed Muslim women activists. Initially, Muslim women were excluded from the jurisdiction of the Domestic Violence Act 1994, but the demands of women’s groups which insisted that the law must apply to all Malaysians, finally saw it being passed for both non-Muslims and their Muslim sisters.

Amendments were made in 1996 to the Insurance Act and in 2000 to the EPF, through a fatwa (decree) from the National Fatwa Council. Both monies are now regarded as part of the deceased’s estate to be divided according to faraid, the Islamic law on distribution as laid down in the Quran.

Thus a wife who is named the beneficiary of her husband’s insurance policy and his EPF is regarded merely as the administrator of his funds. If she has children, she is entitled to only one-eighth share; if she has no children, she is entitled to only half share. The rest goes to her husband’s family or to Baitulmal (the institution that acts as a trustee for Muslims) should there be no other valid heirs.

Additional amendments in 2003 to the Islamic Family Law resulted in a husband being able to claim a share of his wife’s matrimonial property upon his polygamous marriage; he could prevent his wife from disposing of her property; conditions were amended making polygamy easier; and further grounds for divorce were extended to men who already enjoyed the unilateral right to divorce their wives.

In 1996, Sisters In Islam submitted numerous recommendations to the Government to revise the family laws, among them, greater penalties for men who violate Islamic family law; provisions to ensure that all wives and their dependents are fairly and adequately provided for; the adoption of uniform laws on polygamy by all states; and gender sensitisation training for judges, religious officials and counsellors.

Up till now, despite the many suggestions and recommendations for legal reform to the discriminatory Islamic Family Law, nothing concrete has been formulated as yet.