Findings Highlight Urgent Need for Legal Reforms, Enhanced Financial Support, and Systemic Government Action
Sisters in Islam (SIS), with the support of the Embassy of Switzerland in Malaysia and the IOI Foundation, presented the findings of a groundbreaking study on the financial rights of low-income Muslim women post-divorce. Held at the St. Giles Boulevard Hotel, Kuala Lumpur, the event brought together legal experts, women’s rights advocates, women participants, and members of the media to shed light on the systemic challenges faced by divorced Muslim women within the Islamic family legal system in Selangor and the Federal Territory.
The study, which surveyed 124 Muslim women from the B40 income group, revealed significant gaps between the financial rights granted under Islamic law and the realities faced by women on the ground. The findings highlight barriers in claiming maintenance (nafkah), joint property (harta sepencarian), and post-divorce financial support, with many women struggling due to bureaucratic, financial, and social obstacles.
Key Findings:
- Financial Hardships: Many respondents earned between RM1,000 and RM3,999 per month, with household expenses often exceeding income by 5% to 14%. Debt burdens included housing, car, personal loans, and medical bills.
- Low Success Rates for Legal Claims: Only 12.9% of women who filed harta sepencarian claims received what they were entitled to, and a mere 5.6% successfully obtained spousal maintenance (nafkah isteri). Many cases took over two years to be resolved.
- Enforcement Issues: Despite court rulings, many ex-husbands ignored orders to provide financial support, leaving women and children in financial distress.
- Emotional and Health Impacts: Severe stress, depression, and chronic health conditions, including diabetes, hypertension, and heart disease.
Urgent Need for Action
The study outlines comprehensive recommendations for improving the financial security of divorced Muslim women, including:
- Systemic Changes and Legal Reforms: Simplifying Syariah Court procedures, enhancing the enforcement of court orders, and providing free or low-cost legal aid to low-income women.
- Strengthening Financial Support: Expanding government aid programs and boosting NGO support for single mothers.
- Public Awareness Campaigns: Educating women on their financial rights under Islamic law and the Family Support Division (BSK) benefits.
- Establishing a Child Support Agency: To ensure consistent and enforceable financial support for children post-divorce.
Speeches and Perspectives
SIS Communications Manager, Ameena Siddiqi, stressed the urgency of the findings:
“This study reveals the harsh realities faced by divorced Muslim women, where systemic barriers not only deny them justice but also force them into poverty. We must address these challenges through robust legal reforms, stronger enforcement mechanisms, and targeted support programs that prioritize the well-being of women and their children.”
SIS Board Director, Shareena Sheriff, emphasised systemic change to protect and empower women:
- Raise Awareness and Demand Enforcement: Inform women of their financial rights, and hold authorities accountable for upholding these rights.
- Expand Legal Aid and Support: Ensure free and accessible legal aid so that no woman is denied justice due to financial constraints.
- Strengthen Economic Empowerment Programs: Invest in vocational training, financial education, and employment opportunities for divorced women.
- Enforce Penalties on Negligent Ex-Husbands: Implement stricter enforcement measures for financial obligations.
- Change the Narrative: Divorced women are not failures or burdens; they are resilient individuals who deserve respect, dignity, and security.
Former Chief Syarie Judge, Datuk Ismail Yahya, added:
“Islamic law is well-structured, but its implementation in court does not always align with legal provisions. To ensure justice, courts must adhere strictly to Section 47 of the Islamic Family Law Enactment/Act, which requires all claims to be filed simultaneously with the divorce application. The government and related authorities must implement systemic changes to strengthen legal practices and ensure rightful support reaches divorced women and their children.”
Call for Systemic Government Action
The press conference concluded with a panel discussion featuring SIS and Merdeka Center representatives. The dialogue focused on the critical need for a gender-sensitive approach within the Syariah legal system and emphasised that change must come not only from civil society but also through decisive action by the government and related authorities. Establishing a child support agency, enhancing legal frameworks, implementing systemic changes and ensuring accountability are vital steps toward restoring dignity, security, and justice for divorced Muslim women in Malaysia.
Download the report here:
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