Lamenting the ease at which one could divorce one’s spouse these days, Sisters in Islam (SIS) said, unlike now, husbands could not simply pronounce the “talaq” to their wives to marry another.
In the past, husbands would have had to have the court’s permission to enter into a polygamous marriage, as stipulated in the Islamic Family Law Act, SIS executive director Rozana Isa said.
And the conditions for a polygamous marriage were also more stringent, she said, adding that it included a provision stating that the proposed polygamous marriage should not, directly or indirectly, lower the standard of living enjoyed by the existing wife and dependents.
A decade later, in the ’90s, the Islamic family law was amended — removing the said provision — to recognise the validity of the husband’s pronouncement of “talaq” outside of court, she said.
“Is it any wonder now that 30 years later, Muslim husbands would have no qualms about pronouncing ‘talaq’ via SMS, WhatsApp or social media?” she asked at a forum titled “Exploring Women’s Rights Within the Framework of Islam & Malaysian Laws”.
Rozana said the law influenced the way people conducted their lives and practices, and the country’s laws made it easier for husbands to divorce their wives.
“It is no wonder that now Muslim husbands dare pronounce ‘talaq’ with no regard and concern for the dignity of their (the wives) lives.”
Rozana also said in 2006, a provision which stipulated that a proposed polygamous marriage should be “just and necessary” was amended to only “necessary”, making it easier for men to be polygamous.
She also said prior to the amendment, the law prevented the disposition of property by a husband or former husband to protect the wife or former wife’s financial claims.
However, in 2006, the amendment to the provision used gender neutral language that allowed the court to grant an injunction preventing the disposition of property by a wife or former wife to protect the husband or former husband’s financial claims, she said.
“The amendments that have been made to the Islamic family law in Malaysia over the years gave more rights to men and protected less and less the interest of women.”
Rozana’s comments come in the wake of news reports that an actress was divorced by her husband through a video where he pronounced the talaq.
A group representing shariah lawyers has since warned Muslim husbands against pronouncing talaq (divorce) to their wives through social media, saying that it was a breach of Islamic family law.
Malaysian Syarie Lawyers Association deputy-president Moeis Basri said it was a punishable offence to pronounce the talaq outside and without the permission of the shariah court.