We have received this open appeal for support from like-minded Muslim organizations and individuals around the globe to protest the recent passing of the Islamic Family Law (Federal Territories) (Amendment) Bill 2005 by the Malaysian Senate.
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The five clauses of the Bill that were objected to were:
1. Making polygamy easier by amending the existing condition of “just and necessary” to “just or necessary”.
2. Increasing the husband’s power to divorce by extending fasakh - judicial order for dissolution of marriage - to the husband as well. The provision for fasakh previously granted women 12 grounds for divorce. The amendment to this is discriminatory because the husband still retains his unilateral right to divorce (talak) anywhere, anytime without reason, and even through sms.
3. Enabling husbands to prevent the disposition of property by a wife or former wife, in order to protect the husband or former husband’s financial claims on the woman’s property. This amendment, already adopted in Johor state, has led to our first case of a husband obtaining a court order to freeze the bank accounts of his wife in order to claim matrimonial property.
4. Removing the husband’s responsibility of maintenance in cases of polygamy or divorce. A new section forces the wife of her polygamous husband to choose, as alternatives, either to apply for order of maintenance or to apply for order of division on joint matrimonial property (harta sepencarian).
5. Enabling the husband to claim harta sepencarian from his wife or existing wives, in cases of polygamy or divorce.
Despite this, Minister in the Prime Minister’s Department, Abdullah Md Zin, has declared the Bill “perfect” and “without comparison among all countries in the world”. (Berita Harian, Wednesday, 28 December 2005.)
Perfect, without comparison (ie the best) among all countries in the world
Is that Sharia you are quoting from? I think not.
In order to disposition property, you have to own it. This directly opposes your statement that women cannot own property under Sharia.