Law for The New Family

The last few entries of Choc-a-Blog have been a big moan about the bitterly cold weather. But yesterday the temperature rose to a dangerous new level. I am not one to swear BUT the air was turning blue as I tried to digest the new Islamic Family Law that was passed in Malaysia yesterday! Make no mistakes, this is indeed Law for the New Family!! Not a new Family Law. What’s new about the way women are being treated?

I was alerted to this news by a call from the BBC who wanted to interview me on this matter. Felt an utter prat as I had not been following it but gosh the shock and the anguish that followed – it really ruined my day. I had wanted to blog about today – the anniversary of Choc-a-Blog. A year ago I meekly started this blog and got two comments and a year later Choc-a-Blog is still here – Alhamdulillah. I also wanted to blog about this December being an anniversary month of sorts; it was our 26th Wedding anniversary and thus our 26th year in the UK. This means I have spent more years here than in my own country – but this doesn’t mean I am not concerned about what is happening back home. I am VERY concerned.

Let us look at the snippets of news from the last few days:

“Women senators who have been up in arms against the controversial family law Bill, which they say will lead to erosion of their rights, will have no choice but to vote for it.

All talk of breaking ranks to vote against the Bill dissipated after Minister in the Prime Minister's Department Datuk Seri Nazri Aziz spoke to them in small groups before talking to a group of 25 senators, including the 19 women.

Anxious to ensure that Barisan Nasional senators toe the line, he warned that he was invoking the Whip and ordered the 19 Barisan women senators to vote for the Islamic Family Law (Federal Territories) (Amendment) Bill 2005 when it comes up for debate today.”

Yeah , right Nazri!!!!! Well done! But, a touch heavy handed, don’t you think?

And let us look at what’s causing the concern:


"1) The right of a husband to claim a share of his existing wife's property upon his committing polygamy
Husbands have an equal right to a wife's property; likewise she has a claim to joint property acquired during their marriage.

2) Making polygamy easier for men
While a husband may be able to prove that his proposed marriage is necessary, he does not have to prove it to be just.

3) Forcing a wife to choose either maintenance OR division of joint property upon a husband's polygamous marriage
Syariah law makes it mandatory for husbands to provide maintenance for a wife throughout their marriage. Islamic law entitles her to both.

4) Enhancing the husband's right to divorce
This gives an additional right to divorce for the husband, which used to be the prerogative of the wife; he may escape paying any form of compensation.

5) Allowing a husband to get a court order to stop his wife from disposing of her property
The husband has no right to his wife's property since she is not obliged to provide maintenance for him or his children. That is his responsibility.”

And what did our Women, Family and Community Development Minister Datuk Seri Shahrizat Jalil say?

"It is necessary for us to take one step backwards so we can move 10 steps ahead. We have to look at the bigger picture," she said at the Parliament lobby while a group of women senators nodded in agreement. Also present was Minister in the Prime Minister's Department Datuk Seri Nazri Abdul Aziz.”

Shudder! Shudder!

I just couldn’t describe the feelings I had yesterday – but disappointment and despair should sum it up. I am disappointed that with all the outspoken, vocal, intelligent women that we have, we are still taking steps backwards. Shouldn’t be we fighting and protecting one of our own rather then let heavy handed men bully us into agreeing to anything? Haven’t we seen enough injustice as it is – even without those five humiliating clauses above?

I just depair because, whenever anyone here talks about the injustice of Islamic law allowing men to marry more than one, I will always defend it, quoting well quoted quotes about being fair, about being caring to all parties concerned. And most importantly, I say, I am proud that at least in Malaysia, there are laws to protect women, wives, whose husbands want to take on a second or third wife. Other than having to prove that they can be fair in dishing out their money and love and attention (which is of course a joke), they also have to ask for the permission of the first wife. Now, this can still sound very strange to non Muslims. Whaaat? You mean, the first wife will still accept that?

And, I proudly tell them, there are even wives – first wives – who do go and ask for the hands of the intended to be her husband’s second wife. More clanging of jaws on the floor!

But, what I didnt tell them is that of course, when hubby takes second or third wife and all are hunkydorry with schedules and time tables stipulated, are the stories that I heard about hubbies sneaking back to new wife’s bordoir, even when it is not her turn on the schedule. Where is the justice in this?

And now, when the husband entertains thoughts of taking on another one, he can now claim his first wife’s existing property??? And I foolishly thought that what a woman earns is hers and what the man earns is for both of them to share. Now, does it mean he can take her share and share it with his new whats’it?

What happens to the wife who follows the husband overseas to study – works her butt out to finance him and upon returning home, suddenly she doesnt seem to fit in with his crowd anymore. Suddenly, he looks at her and she has let herself go. Why, because she has been working her butt out to support him – to see that he gets the qualifications to climb the corporate ladder. And when he takes a second wife, he is entitled to whatever she earns? *& )(*&^!! Yes, sorry, this is because I have seen these before too.

Let’s not even talk about making poligamy easier.

I have seen enough who sheepishly come to London to solemnise their second or third – the imams here do not ask for the first wife’s letter of consent. It is thus their duty to register when they go home.

One wife who suspected her husband’s intentions, contacted all registry offices and finally found out. She nearly killed herself and her child. Perhaps she had not been paying attention much to the husband because all her life was devoted to a child born with Down’s Syndrome. Such is life.

I might not be making much sense as I am quite, quite angry still . No, I am furious. Let us voice out our concerns – if not for ourselves, for our nieces, daughters and our sisters in Islam.

Also pls see Mak Andeh.
For analysis by Suhaini Aznam, pls read:

http://thestar.com.my/news/story.asp?file=/2005/12/25/nation/12960570&sec=nation

That's it Zai! Give him an earful!

Picture taken from The Star - sorry - pinjam