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Telenisa Unveils Key Insights in 2023 Syariah Legal Services Report

Telenisa has released its “Statistics & Findings 2023” report, detailing the services provided to Muslim women and men regarding Syariah legal matters. This report offers crucial insights into the challenges and experiences encountered by women in the realm of Islamic Family Law.

The report was officially launched at an event held at the Grand Millennium Hotel Kuala Lumpur by YB Nurul Syazwani Binti Tan Sri Noh, a member of the Selangor State Legislative Assembly for Permatang, Selangor.

In her statement, YB Nurul Syazwani said, “Telenisa provides essential legal assistance, offering hope and justice by helping individuals understand their rights and legal procedures within the Syariah court system. As an advocate for women’s rights, myself, I recognize the transformative power of legal support. Initiatives like Telenisa ensure women have access to justice and protection, fostering a legally literate community that can shape fairer laws.”

“I have engaged with NGOs, including Sisters in Islam and Telenisa, to address women’s rights issues and propose solutions. Recently, I raised concerns about unauthorized polygamy under Section 124 of the Islamic Family Law Enactment (State of Selangor) 2003, advocating for stricter laws to protect women’s rights.”

“Many women fear taking legal action due to shame, intimidation, and limited access to justice. We must establish a strong support network where every woman feels protected and heard. Communities like Telenisa provide crucial support, empowering victims and deterring perpetrators of violence. Together, we can ensure justice and protection for all women.”

Rozana Isa, Executive Director of Sisters in Islam said, “Sisters in Islam celebrates 21 years of Telenisa, a free mobile legal clinic providing Syariah legal system. Consultations to Muslim women in need, last year, we received a suggestion from Ms. Siti Hajar of the Kelab Sokongan Ibu Tunggal, Wilayah Persekutuan, to extend our services to beyond the Klang valley all the way to Sarawak.”

“As a result, we have established close cooperation with the Sarawak Women for Women Society and Purple Lily to hold workshops and mobile Telenisa clinics in Kuching, Sarawak.”

“In the 2023 Telenisa statistics and findings report, we propose the establishment of a Federal Child Support Agency, a suggestion first made in 2005, to ensure children receive sufficient and timely support. Adequate and timely child support is crucial for their physical and mental development.”

Since its inception in 2003, Telenisa legal helpline has become a cornerstone for rights-based advisory services concerning Islamic Family Laws and Syariah Criminal Offences Laws in Malaysia. 

The Telenisa: Statistics and Findings 2023 report highlights several critical trends from 2021 to 2023, focusing on the primary grounds for divorce:

  1. Domestic Violence: The most prevalent cause of divorce in 2023, accounting for 20% of cases.
  2. Husbands did not provide maintenance: Ranking consistently high, this issue represented 19% of divorce cases in 2023.
  3. Communication Breakdown: A significant cause of marital dissolution, noted in 17% of cases in 2023.
  4. Infidelity: Although slightly declining from 2022, infidelity accounted for 12% of divorces in 2023.

Women face numerous challenges especially when navigating the Syariah Court system such as going through complex bureaucratic procedures, difficulties in gathering evidence and lack of societal support which leaves them feeling stressed and deters women from seeking justice. Financial constraints further heighten these challenges as 99% of Telenisa clients were reported to have a lack of legal representation. The high cost of experienced syarie lawyers and limited resources from the government and NGOs forces many women to manage intricate legal processes on their own.

As failure of husbands to provide maintenance continues to be an issue, we recommend the following measures to address this, ensuring women receive fair and accessible justice:

  1. Education and Awareness: Regularly conduct workshops and seminars to educate couples about their maintenance rights and responsibilities, and to provide clear and accessible information on the legal procedures for filing maintenance claims and understanding court orders.
  2. Enhanced Legal Support: Offer legal aid services to assist wives in filing maintenance claims and following up on court orders and simplify the reporting process for non-compliance with maintenance orders to minimize the need for additional interim applications. 
  3. Stricter Enforcement: Strengthen enforcement mechanisms to ensure compliance with court-ordered maintenance payments and establish a dedicated task force to track and penalise individuals who evade maintenance obligations by changing jobs or residences. 
  4. Financial Assistance Programs: Develop financial assistance programs for unemployed husbands to help them secure employment and fulfil their maintenance duties and provide temporary financial support to wives struggling with household expenses due to non-compliance by their spouses. 
  5. Mandatory Mediation and Counselling: Encourage mandatory mediation and counselling services for couples facing maintenance disputes to resolve issues amicably and offer continuous support and follow-up sessions to ensure compliance and address ongoing challenges. 
  6. Community Support Networks: Foster community support networks to provide emotional and financial assistance to wives facing maintenance issues and engage community leaders and organizations to advocate for better maintenance compliance and support affected families. 

SIS recognises the critical importance of child maintenance and has been a vocal advocate for the establishment of a Child Support Agency since 2005. Such an agency would streamline the assessment, collection, and disbursement of child support payments, transitioning the process from judicial to administrative. 

The Child Support Agency would also possess enforcement powers, including wage deductions, securing court orders, and imposing penalties such as passport denial or license revocation. This model, successfully implemented in countries such as Australia, has significantly improved compliance rates for child support payments.

The rising number of issues related to Islamic Family Law as reported in Telenisa: Statistics and Findings highlights a critical need for ongoing reform and improvements in women’s rights within the family. For over 30 years, SIS has tirelessly championed these causes and urged for a greater balance of Islamic Family Laws and Syariah Criminal Offences law following the most important tenets of Islam which are justice, compassion and mercy.

Download the Full Report

To access the full Telenisa: Statistics and Findings 2023 report, please visit: https://sistersinislam.org/wp-content/uploads/2024/07/Telenisa-Statistics-and-Findings-2023.pdf

*Telenisa provides free legal consultation on Islamic Family Law and Syariah Criminal Offences law through WhatsApp and telephone calls at 012-812 3424, or  face-to-face consultations by appointment every Monday to Friday from 10am to 5pm.

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