The situation for women in Malaysia is improving over time. Although the Constitution lacks a clear definition of discrimination, the government is continually implementing legal amendments designed to eliminate any discrimination against women. Much of the progress can be linked to increased access to education for women and greater awareness of their constitutional rights.
Still, many customary and traditional practices continue to distinguish between the sexes. The Committee on the Elimination of Discrimination against Women (CEDAW) reports that each ethnic group in Malaysia is influenced by values that determine the role of women in the domestic/private sphere, while men dominate the public sphere. It should be noted that women’s civil liberties appear to be more restricted in the state of Kentalan than elsewhere.
Women in Malaysia have a moderate level of protection in regard to family matters, which are governed by a combination of civil, customary (Adat) and Islamic Sharia law. The civil Law Reform Act (LRA) entered into force in 1982 and set the legal minimum age of marriage to 16 years for women and 18 years for men. Early marriage is relatively infrequent in Malaysia: a 2004 report by the United Nations estimated that 5 per cent of Malaysian girls between 15 and 19 years of age were married, divorced or widowed. The LRA states that all marriages shall be based upon mutual consent. However, the Islamic Family Law Act (IFLA) of 1984 stipulates that marriages are not fully recognised without the consent of the wali - i.e. the woman’s guardian, who is always male.
Polygamy is illegal under the LRA, but polygamous marriages contracted before the law came into force are recognised. Islamic law allows Muslim men to take as many as four wives, provided they can support all wives financially and agree to treat them fairly.
In 1999, Malaysia amended the Infants Act, thereby granting parental authority equally to both spouses. Previously, fathers were recognised as the sole legal guardians of a child’s person and property. A subsequent cabinet directive (issued in 2000) allowed all mothers, irrespective of religion, to sign any documents related to their children. In the event of divorce, the LRA gives men and women the same right to custody. Islamic law generally considers mothers to be best able to care for children under the age of seven, after which time custody reverts to fathers.
Inheritance for non-Muslims is governed by the Inheritance (Family Provision) Act of 1971 and the Distribution Act of 1958. Before 1997, the Distribution Act discriminated against women in that when men died without leaving a will, their wives were entitled to only one-third of the property if the couple had children and one-half if they were childless. By contrast, when women died without leaving a will, all of their property was awarded to the husbands, irrespective of whether the marriage had produced any children. Today, inheritance laws are more gender-neutral.
Islamic law outlines detailed and complex calculations of inheritance shares. Women may inherit from their father, mother, husband or children and, under certain conditions, from other family members. However, their share is generally smaller than that to which men are entitled. This is commonly justified by the argument that women have no financial responsibility towards their husbands and children.
In theory, Malaysian legislation protects the physical integrity of women to a certain degree. However, violence against women is quite common. The government is taking steps to address this issue through new legislation, most notably in the Domestic Violence Act of 1994. The law does not yet recognise the concept of spousal rape. The US Department of State reports that some Islamic state laws generally prohibit wives from disobeying the “lawful orders” of their husbands. This discourages many women from pursuing claims against their husbands in Sharia courts.
There is no clear picture of the prevalence of female genital mutilation (FGM) in Malaysia. Muslim women in the state of Kelantan admit to having undergone circumcision as infants, but no clinical injury has been detectable. A study by Isa reports that it is thus uncertain whether FGM in Malaysia involves symbolic non-cutting rituals, similar to those found in Indonesia, or a form of clitoridectomy.
Despite an elevated sex ratio at birth in favour of males, Malaysia does not seem to be a country of concern in relation to missing women.
Malaysian women have strong government support for pursing financial independence. The Constitution gives men and women equal access to land and equal access to property other than land. The CEDAW reports that the matriarchal Minangkabau community favours women by restricting ownership of heredity or tribal lands to female members. Married men and women may own separate property, but any assets acquired during the marriage are considered joint property and, as such, divided equally in the event of divorce. Muslim women can claim one-third (in some cases one-half) of the value of jointly owned land and property upon the death of a husband or divorce.
Malaysian women have the legal right to access to bank loans and to engage in any type of contractual relationship. Access to credit typically depends on the level of income, and poverty is more prevalent amongst women than men.
Women’s civil liberty in Malaysia is protected by law, but often hampered by social norms and traditions. Legally, women have freedom of movement, but locally imposed restrictions based on Sharia may apply in certain areas. For example, cinemas are gender-segregated in Kelantan.
Similarly, there are no national restrictions on women’s freedom of dress, but local authorities in Kelantan impose by-laws that force Muslim women to wear headscarves and impose fines for violators. All female police officers across Malaysia, including non-Muslims, are required to wear headscarves during public ceremonies.
Ahmad, A. (1998), Women in Malaysia, Country Briefing Paper, Asian Development Bank, Manila.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Malaysia, Combined Initial and Second Periodic Reports of States Parties, CEDAW/C/MYS/1-2, CEDAW, New York, NY.
Isa, R., R. Shuib and M.S. Othman (1999), “The Practice of Female Circumcision Among Muslims in Kelantan, Malaysia”, Reproductive Health Matters, Vol. 7, No. 13, London, pp. 137-144.
Klasen, K. and C. Wink (2003), “Missing Women: Revisiting the Debate”, Feminist Economics, Vol. 9, No. 2-3, Routledge, London.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Malaysia, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
