Making polygamy and divorce easier for men

Women protest family law Bill

December 21, 2005. BY SUHAINI AZNAM AND A. LETCHUMANAN. The Star

KUALA LUMPUR: Women’s groups are against proposed changes to a Bill which appears to enhance Muslim men’s rights in cases of polygamy and make divorce simpler for them.

The Islamic Family Law (Federal Territories) (Amendment) Bill is aimed at protecting the interests of wives and children, but several women’s groups have disagreed.

The Joint Action Group on Gender Equality (JAG) had earlier submitted a memorandum to a group of senators, including 16 women members of the Upper House, in a bid to request a withdrawal and review of the controversial law.

The Bill is expected to be tabled in the Dewan Negara tomorrow.

Some women senators told The Star that they would object to the Bill or vote against it.

The amendments had been approved by the Dewan Rakyat on Sept 26 after only two days of scrutiny by MPs, with the debate focusing on men’s rights to polygamy rather than substantive issues.

JAG, which groups Sisters in Islam (SIS), Women’s Aid Organisation, Women’s Crisis Centre in Penang, Women’s Development Collective, All Women’s Action Society and the MTUC Women’s Section, however acknowledged that several amendments in the Bill were aimed at safeguarding the interests of Muslim women in Malaysia.

“Nevertheless, we are concerned that these and other amendments in the Bill will result in further injustice and discrimination against women,” JAG said in a statement.

The five points which have drawn the women group’s ire are:

# THE right of a husband to claim a share of his existing wife’s property upon his committing polygamy;

# MAKING polygamy easier for men;

# FORCING a wife to choose either maintenance or division of joint property upon a husband’s polygamous marriage;

# ENHANCING the husband’s rights to divorce; and

# ALLOWING a husband to get a court order to stop his wife from disposing of her property.

SIS executive director Zainah Anwar described the Bill as a “patchwork attempt to deal with changing circumstances” that benefited men more than women.

“It is grossly unjust,” she added.

She said that in cases where women worked outside the home and owned property, it gave husbands the right to her property just as the wife had claims to joint property acquired during their marriage.

Zainah said that according to Syariah law, it was mandatory for husbands to provide maintenance for a wife throughout their marriage.

Another objection was that the Bill also gave the husband the right to a fasakh divorce, (general right to claim divorce) which used to be the prerogative of the wife.

This prerogative has now been extended to the husband, in addition to his existing right to pronounce the talaq divorce (absolute divorce exercised by husband).

The JAG statement further read: “Moreover, the husband’s ability to obtain fasakh divorce enables him to escape paying any form of compensation to his divorced wife.”

A woman senator, who declined to be named, said many questions were raised during the briefing to them by Minister in the Prime Minister’s Department Datuk Dr Abdullah Zin yesterday.

“There are many loopholes in the amendments and the minister also admitted the weaknesses,” she said.

The senator claimed that the minister had urged them to approve the amendments, adding that changes could be made later on.

These are the good news of this day. -

Congratulation!

You brave guys over there - I admire you.
You are a true hope for many men in Europe and the US....

yohan, on Dec 21 2005, 10:20 PM, said:

Right, but do not forget one thing, you have to convert to Islam and take the Malaysian nationality...

More headaches too!

britmaveric, on Dec 21 2005, 11:56 PM, said:

It seems polyandry is pretty successful with far less troubles than polygamy.
The most successful reproductive strategy.
Do not know the reason yet but I'm sure Yohan can help me...

Bluecat, on Dec 22 2005, 01:54 AM, said:

This is not the point.

It is remarkable that Malaysia is considering such an Islamic law - if it is really becoming law, many other moderate Islamic countries will follow.
Up to now, such laws are considered as 'hardliner' regulations of Saudi Arabia or Iran.

A first sign, that Islam is starting to accept the challenge and moderate Islamic countries are considering to fight feminism.

Feminism is a threat for Islam, but it is also a pain for many men in Europe and USA, who are not Muslims.

yohan, on Dec 22 2005, 12:33 AM, said:

It is a threat to Islam, I agree but a pain for the men elsewhere?
Maybe for the ones who do not really understand women...

Bluecat, on Dec 22 2005, 02:44 AM, said:

What about reading the new commercial law in Norway regarding CEO, Bluecat?

http://www.time.com/...er/story_3.html

Or what about criminal charges in New Zealand?
This is maybe, as you said, for the ones, who do not really understand women....
http://www.nzherald....jectid=10339669

This post has been edited by yohan: 22 December 2005 - 08:23 AM

Malaysia's government tells female lawmakers who want to stop legislation over polygamy to toe the line.

http://news.bbc.co.u...fic/4551532.stm

Debate charged with emotion

24 December 2005. New Straits Times

THE debate on the Islamic Family Law (Federal Territories) (Amendment) Bill 2005 was charged with emotion, but Members of the Upper House let it through.

Senator Dayang Mahani Ahmad Raffae said she cried when she saw the amendments. "I am emotional because this issue is close to my heart. I am speaking out as I want my statements recorded."

Teary eyed and with her voice quivering, Dayang Mahani said she would vote for the Bill "against her conscience". She apologised to her daughter and women in general.

She said the amendments to this Bill, at a glance, looked good but upon careful study, things were not as rosy.

"I am disappointed that this Bill was passed (in the Dewan Rakyat) without careful scrutiny. The amendments allow a man about to take another wife, to claim part of his existing wife's assets or to apply for their matrimonial home to be sold and the proceeds divided.

Dayang Mahani said she fervently hoped she would not be the "first victim" of the amendments.

Senator Tajul Urus Mat Zain interjected to say the States accepted the law without scrutinising it. "This shows they are just rubber stamps."

Senator Datuk Dr Norraesah Mohd said some of the wordings in the Bill needed to be rectified.

"We are concerned over how the law will be implemented. The spirit of the Bill is to protect women and children. Those implementing it should bear in mind the spirit in which the law was drafted.

"I am saddened that whenever we talk about family law, the conversation will always centre on polygamy and this will be accompanied by laughter. But polygamy is not a joke. It is a serious matter. The bias against women is well known."

What a nice Christmas present - sometimes I really like Islam.
Our governments in Europe and Northern America can learn a lot from Malaysia...
I know, some feminists do not like that....

Of course, Islam is not a solution against feminism, but let me say, these guys over there are doing something about it. All the best for the coming year 2006 and continue the good work!

Quote

How can she justify a refusal to grant men the same rights as women with such open bare-faced deceit!?
If a woman is granted maintenance by a husband, why is a husband not entitled to a share in the wife's assets upon divorce just as she is to his? Why does it have to always remain a one-way transaction of money from men to women? Why cannot the husband be granted the same right to divorce as a wife?

Quote

What was decided in Malaysia applicable to women is quite the same law, which is applicable to men in the Western world since decades.

Hopefully some Western government will learn, and hopefully some Western men will start to speak out demanding the same rights, women already enjoy in Northern America and in Western Europe.

Why not? Feminists always talk about equality! Here you are....
My warmest congratulations to the Malaysian Government.

I do not really know what was the outcome of that but, anyway, what man in his right mind would want more than one wife...

Bluecat, on Nov 27 2006, 10:14 PM, said:

Polygamy versus monotony comes to my mind.