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"Monogamy,
My Choice" Campaign
16 March 2003
The Coalition
on Women's Rights in Islam organised the "Monogamy, My Choice"
Campaign with three car stickers:
- 'Jika
kamu khuatir tidak akan berlaku adil, maka berkahwinlah SATU sahaja.'
4:3.
('If you fear you cannot be fair, then marry only ONE.' 4:3)
-
Monogami Pilihanku
(Monogamy, My Choice)
- 1
Suami = 1 Isteri
(1 Husband = 1 Wife)
The campaign
was launched on 16 March 2003 by Yang Amat Berbahagia Datin Seri Endon
Mahmood, the wife of Acting Prime Minister, Datuk Seri Abdullah Ahmad
Badawi.
The Coalitation
Members are:
Sisters In
Islam (SIS)
All Women Action Society (AWAM)
Persatuan Isteri dan Keluarga Polis (PERKEP)
Persatuan Suri dan Anggota Wanita Perkhidmatan Awam (PUSPANITA)
Persekutuan Pertubuhan-Pertubuhan Wanita Malaysia (NCWO)
Persatuan Pekerja Wanita (PERWANIS)
Wanita PERKIM Kebangsaan
Wanita Inovatif Jayadiri (WIJADI)
Women's Aid Organisation (WAO)
Women Candidacy Initiative (WCI)
Women's Centre for Change (WCC)
Wanita IKRAM
The response
to the campaign has been overwhelming, both in support and resistance.
Notably, religious leaders stated that it was against Hukum Syarak.
Below is the Coalition's response upon the matter:
Monogamy
is NOT against Islam
Coalition
on Womens Rights in Islam
Press
Statement
18 March 2003
The Coalition on Womens Rights in Islam regrets the reaction of
the Muftis and others in opposing our Monogamy Campaign. They have misunderstood
and misconceived our effort. Let us clarify our position:
- We
believe the practice of monogamy is according to hukum syarak.
- We
believe polygamy is allowed only in very exceptional circumstances.
- We
believe monogamy is the ideal state of marriage in Islam. Surah an-Nisa
4:3 states: If you fear you shall not be able to deal justly
(with your wives) then marry only ONE.
- We
are not calling for a ban on polygamy.
- We
are asking that women who cannot live in a polygamous marriage be
given the choice to leave that marriage. In an authentic hadith, the
Prophet Muhammad (s.a.w.) fobade his son-in-law Ali ibn Abi Talib
(r.a.) from marrying another woman unless Ali first divorced the Prophets
daughter, Fatimah. A great-granddaughter of the Prophet (s.a.w), Sakinah
binti Hussein, a granddaughter of Ali and Fatimah, put various conditions
in her marriage contract, including the condition that her husband
would have no right to take another wife during their marriage.
- We
ask that the Religious Departments and the Syariah Courts establish
procedures to ensure that the practice of polygamy in this country
meets the demands of justice in Islam. These include:
- The
establishment of a computerised national register of Muslim marriages
and divorces to enable women to know the marital status of the
men they are about to marry;
- The
wife who chooses to stay in the polygamous marriage be given her
share of the matrimonial property and to make fair and enforceable
arrangements for the maintenance of the wife and children before
permission for a polygamous marriage is given or is registered.
- The
standard taliq agreement should include the option to give
the wife the right to a divorce should her husband take another
wife. The procedures for claiming mut'ah, harta sepencarian and
maintenance for the children should also be facilitated to prevent
undue delays that would cause hardship to the ex-wife and children.
- The
court to establish clear procedure to strictly enforce the four
conditions for polygamy under the existing Islamic Family Law.
There must be concrete documentary and other evidence to prove
that the application for a polygamous marriage meet all four conditions:
- the
proposed marriage is just and necessary;
-
the financial ability to support existing and future dependents;
-
the ability to accord equal treatment to all wives;
-
the proposed marriage will not cause darar syarie or harm
to the existing wife in respect of religion, life, body, mind,
moral or property.
- The
court to establish clear procedure to strictly enforce the four
conditions for polygamy under the existing Islamic Family Law.
There must be concrete documentary and other evidence to prove
that the application for a polygamous marriage meet all four conditions;
- The
court to ensure no application for polygamy or registeration of
an illegal polygamous marriage can be carried out without the
knowledge of the existing wife.
- The
application form for polygamy should be amended to reflect this
is an application for polygamy and not an application for marriage
as it is now.
We would
like to state that since 1996, Sisters in Islam and other womens
groups have submitted four lengthy memorandums to the Government on
reform of the Islamic Family Law to ensure that justice is done to Muslim
women. Unfortunately, seven years have passed without much positive
response.
The
time has come for the Government to sit down with the womens groups
to find solutions to the long standing problems women face in the syariah
system.
Secretariat:
Sisters in Islam
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