The Paradox of Women's Rights: Malaysia's Struggle Towards Legal And Religious Pluralism

• Main Author: Binti Mohammad, Shazalyna
• Other Authors: Fadel, Mohammad
• Language: en_ca
• Published: 2012
• Subjects: Women's Rights; Legal Pluralism; Religious Pluralism; Civil Law; Islamic Law; Family Law; Conversion To Islam; Dual Legal System; Consent of Spouse; Custody of Children; 0398
• Online Access: http://hdl.handle.net/1807/33340

Family is the foundation society. Women are the backbone of families even in fundamental patriarchal society like Malaysia. However, Malaysia’s system of religious accommodation results in different rights available to individuals based on the states diverse religious affiliation. Contemporary family issues are inadequately addressed in current Malaysian Family Law: one for the Muslims and one for the non-Muslims. Most cases highlighted inconsistencies when conversion to Islam affected the rights of women during breakdown of marriage. In permitting a path to accommodate diversity, and to reach a new engagement between the civil and the Shariah courts, it is necessary to appreciate Malaysia’s history, sentiment, constraints and strengths. This paper proposes that not only Malaysia has adequate strengths to provide a strong platform to address the conflict, but possesses the mechanisms to create a dynamic set of joint governance of Family Laws to enhance religious accommodation.