Women's Rights In Islam

After reading about the plight of Muslim women in Malaysia in their hastiness to solve their various marital problems (much of which revolve around the problem of menuntut cerai), I found that women in general are clueless about their rights in this matter.

Read the Utusan Malaysia article dated 03.03.2010 by Rohana Man below:


This article portrays a very good insight for concerned Malaysians in their quest to understand more about the plight of Muslim women, especially with regards to marriage and divorce.

My only dissatisfaction about the article is the way it is presented by the poor construction of the title: "Bercerai elak kemungkaran", which is inappropriate and could also misled others into thinking that 'vices' can be kept at bay by being divorced.

Actually I would prefer it to be "Cerai untuk kurangkan mudarat mungkar" which means "wanita Islam yang bermasalah harus diberi peluang untuk bercerai demi mengelakkan mereka membuat kemungkaran."

Among others, the article also mentioned about the fasakh case of Mastura Bakar against her (then) husband Datuk Muhammad Mustaffa Idrus, which eventually turned the tables upon the latter.

In cases that we've heard not so long ago, the wife of famous or rich people seeking divorce end up in a never ending battle that took ages to solve.

But in this case, it proved otherwise -- that the ill-treated, deprived and abandoned can fight and win their rights against the laws which were (said) being enacted to be biased against them.

Biased or not, we hope this example is a good beginning for those in power to rectify the imbalances of injustice brought down on women, especially with regards to fasakh claims and other injunctions.

In the article the writer mentioned about one Datuk Prof Dr Zaleha Kamaruddin, Timbalan ketua Pengarah, Institut kefaham Islam Malysia (IKIM) who brought out about the burden of proof on the plaintiff and also about the involvement of the public at large due to the reports in the media. (Read more about it by clicking on the pic above).

Now what I want to emphasize here is not about the burden of proof on the plaintiff as what was discussed by the learned professor. What is lacking I believed is what information the public is fed with (or lack thereof).

In other words, why are they (women) not empowered to be occasionally advised, informed or communicated with what they are supposed to just like women who are well educated like these professors?

I just checked the expertise details of PROF. DR. ZALEHA BT KAMARUDDIN who is also an academic member of the Ahmad Ibrahim Kulliyyah Of Laws, International Islamic University Malaysia

Her impressive academic qualifications and selected publication lists are as follows:
PhD Law, University London, UK.
Advocate and Solicitor, High Court Malaya.
MCL, International Islamic University Malaysia.
LLB (Hons), University Malaya, Malaysia.
Dip. In Sha. Law and Practice, International Islamic University Malaysia.

Professional Membership
International Society for Family Laws (ISFL)
International Society for Prevention of Children Abuse and Neglect

Area of Interest
Family law ( Civil )
Islamic Family Law
Comparative Family Law
Law and Gender

Selected Publications
(2005) Harta Sepencarian: What Financial Planners Should Know, 4-E Journal, Financial Planning Association Malaysia
(2005) A Preliminary Study on Non-Custodial Fathers' Contact with their Children after Divorce in Malaysia, Jurnal Undang-Undang IKIM, Vo.9 No.1
(2005) Divorce Laws In Malaysia (Civil and Shariah), Malayan Law Journal
(2004) Islamic Family Law: New Challenges in the 21st Century, Vol.II, Research Centre, IIUM
(2004) An Insight of the Ethics of Assisted Reproductive Technology: Balancing Rights and Responsibilities, Issues in Medical Law, Medical-Law and Ethics Unit, Law Centre
(2004) The Millenium Family-A New Challenge for The Family Institution: Legal Perspective in Islamic Family Law: New Challenges in the 21st Century, Vol.II, Research Centre

Selected Presentations
(2005) Comparative Analysis of Women's Rights in Relation to Ground for Divorce: Contesting the Values of the East and the West, Zaleha Kamaruddin and Datin Dr. Siti Zalikhah Hawaii, International Conference on Social Sciences. Hawaii, U.S.A.
(2005) Harta Sepencarian: It's Division After Death and Divorce, Woman & Wealth Conference 2005. Kuala Lumpur.
(2004) Dissolution of Marriages under Muslim Family Law and Its Enforcement in Malaysia, Zaleha Kamaruddin and Datin Dr. Siti Zalikhah, International Conference on Divorce: Causes and Consequences. Beijing, China.
(2004) In Pursuit of Excellence in Postgraduate Education: IIUM Experience, International Conference on Postgraduate Education. University Malaya Centre for Continuing Education.
(2004) Personal Financial Planning in the Event of Death, Divorce and Judicial Separation: Civil and Shari'ah Perspective, National Conference on Financial Planning. .

Selected Research/Consultancy Works
(2005) Kajian Tempoh Penyelesaian Kes Pembubaran Perkahwinan Seluruh Malaysia (1998-2002) - Jilid I with Jabatan Kehakiman Syariah Malaysia (JKSM) & IIUM Entrepreneurship & Cosultancies Sdn. Bhd.
(2004) Psycho Legal Readiness of Woman Volunteers in Combating Drug Abuse with cooperation of National Association for the Prevention of Drug Abuse (PEMADAM).
(2003) Delays in Disposition of Divorce Cases in the Selangor Shariah Courts with cooperation from Shariah Court Department Selangor.
(2003) Psycho-legal Readiness of Women Volunteers in Combating Drug Abuse with cooperation from PEMADAM.
(2003) Legal Opinion for a legal firm in Netherland regarding Family Law: Potential International Child Abduction from Netherlands to Malaysia
(2002) Triple Talaqs and its Practice in Malaysia: A Case Study of Seven Shar'iah Courts
(2002) Social Problems and Its Relation to Family Institution: A Critical Analysis with special Reference to FELDA families with cooperation from Ministry of Land Development
(2002) Programmes on Single Mothers and the Family Law (Civil and Islamic Family Law), for Council of Single Mothers Association
(2002) Chapter X- Sensitive Policies Need (Legal Policies), Family Policies for Malaysia, LPPKN.

I was just wondering how come some people are so lucky to able to attain so much recognition and credibility in their work and position and yet most of their 'kaum sejenis' are so ignorant, deprived and backwards in this regard.