There are many aspects of the amended IFL that are discriminatory towards women. However, the 5 main contentious issues are:

 

To contract polygamy, the man has to show that the marriage is ‘just or necessary’ rather than being ‘just and necessary’,

The division of ‘harta sepencarian’ (matrimonial property), upon polygamy, can be claimed by ‘any party’. The gender neutral language used here is unfair as the practice in court makes it easier for men to access the law, rather than women,

The first wife, or existing wives, have to choose between matrimonial property or maintenance, upon the husbands polygamy,

The husband can stop his wife from dispossessing her property under application for matrimonial property, and

The right to fasakh divorce has been extended to men, on top of their right to talaq divorce.

 

In November 2005, the IFL came up for debate in the Senate, for to be passed in the Federal Territories. The women senators were lobbied about the discriminatory aspects of the IFL, and all of then opposed it. However after weeks of lobbying by Sisters in Islam (SIS), and under immense media attention, the Senators were forced to vote for the IFL, when the party whip was invoked, despite their opposition to it. Following the controversial voting, the media was flooded with letters from outraged members of the public wanting to show their dissatisfaction with the law.

 

Among the calls from SIS on behalf of the Joint Action Group on Gender Equality (JAG), is to not gazette the law in the Federal Territory, to place a moratorium on the laws that have been passed is other states, the formation of a Parliamentary Select Committee to review the Islamic laws and how they are affecting women, and to redraft the law and introduce a new Muslim Family Law based on the principles of equality and justice.

 

It is important for civil society to be vigilant with the developments of the IFL. Lately, there has been a lot of news in the press regarding the IFL, with a different sort of reaction to it. Politicians who earlier were did admit to the flaws in the law, and are now claiming that the law is perfect. It is reactions like this that civil society has to respond to. Write letters to the printed media. If not a letter, most newspapers now have a section where members of the public can air their grievances via SMS. A short note outlining your dissatisfaction can speak volumes.

 

 

Source: Sisters In Islam