Feminism and Islamic Family Law Reforms in Malaysia: How Much and to What Extent?

Abstract

In Malaysia's present climate of Islamization, one issue that has received increasing public attention is reform of the Syariah or Islamic Family Law. The reform process takes on many forms and has varied purposes. Islamic feminists have rallied around this issue in response to the overwhelming and vociferous criticism, by a broad spectrum of Muslim women. These women criticize the inefficacy of the Syariah court system in upholding women's rights and welfare. In this paper an attempt is made to outline some of the justifications, bases and modes underpinning the issue of legal reform, as it is being undertaken by Islamic feminists. The paper concludes by stating that in a multi-religious and multi—ethnic society, the limits and extent of social change can be tempered by many considerations. Given these conditions, Malaysian Islamic Family Law will, in all likelihood, be conserved in its many traditional aspects, even though the court system may appear to be modernized to some extent. Whether or not this form of change is effective in overturning the discourse of constraint and compulsion imposed on women, is an open question, to be answered in the course of the unfolding reform scenario.