Text Box:  Inroads, Quarter 1, 2006 In Focus Eye on the Islamic Family Law Text Box: 1984 saw the first inklings of a move towards a uniform Islamic Family Law (IFL) for all states in Malaysia. At the time, Malaysia developed one of the first Islamic laws of this kind. It was progressive, and was seen as the model Islamic family law of the Muslim world. Other Muslim countries began emulating our laws when drafting their respective family law bills. However, a few amendments made to the 1984 IFL began to mark its movement away from gender equality. One of these amendments was the validation of divorce and polygamy contracted outside the court. The five conditions that were necessary in order for a man to contract polygamy became four. The condition that the standard of living of the first wife (or existing wives) should not be lowered was removed. Concurrent to the amendments in the IFL, other changes were taking place that discriminated against Muslim women. In 2000, a Fatwa regarding EPF and SOCSO benefits was issued. It said that even though a wife becomes beneficiary to the schemes, she can only act as the administrator of the estate. The property will be divided according to ‘hukum faraid’ or inheritance law. While Muslim women were facing more and more discrimination in the law, Civil laws were becoming progressive, with a movement towards gender equality. This began in 1976, when a Parliamentary Select Committee was formed to review civil family law. Out of that came the Law Reform (Marriage and Divorce) Act, 1976. Later, the Guardianship Act was amended to allow equal guardianship to booth males and females. This however, was not applicable for Muslims. The highly debated 2005 Amendments actually began in 2001. The state of Selangor was the first to adopt and enforce the law, in 2003. By 2005, 11 states had already enforced the law. When faced with protest from Sisters in Islam (SIS), state officials all insisted that the best way to go with the law was to ‘accept it first and amend later’. It should be noted that SIS had been monitoring all the changes taking place, and protesting to the various agencies involved. In 2002, they handed a 42-page memorandum to the various ministries, calling attention to the discriminatory laws and for the implementation of a Muslim family law based on the principles of equality and justice.