Legal Rights: Women Judges Appointed in Malaysia

The Malaysian government upheld the legal right of women to be treated equal to men in their spheres of work by appointing two women judges. Suraya Ramli, who is 31 years old, was designated as a Sharia judge in Putrajaya. Rafidah Abdul Razak, 39 years old, was appointed as Sharia judge in Kuala Lumpur. The appointments were cleared by the Prime Minister, Najib Razak. In Malaysia, Islamic courts run parallel with the civil courts. Under Malaysia’s judicial system, the Shariah courts address issues pertaining to the family and morality while criminal and civil cases are handled by the secular courts.

However, women’s organizations have been receiving complaints about discrimination faced by women in the Shariah courts. Women face unfair treatment in cases pertaining to divorce, alimony, inheritance and child custody. This step of appointing women as judges was lauded as an effective step to curb gender bias in Shariah courts.

Though the appointment of women as judges is a significant one, their legal rights have been restricted. For example, they are barred from hearing criminal or divorce cases because they are women. Also, they are allowed to decide only on cases pertaining to child custody, alimony and common property cases. A committee of 20 senior judges has been appointed to discuss the exact role of the two women judges, in accordance with the Shariah guidelines.

Legal Rights:  Newly Appointed Women Judges have Restrictions

While addressing a press conference, Mohamad Yusup Che Teh, a Sharia appeal court judge, denied these allegations of legal rights being violated and particularly, allegations that the religious courts were biased. He pointed out that it is not discrimination, but compliance with existing religious rules. He said that Islam can accept changes to serve the needs of society, but in consonance with the principles of Sharia.

The appointment of women judges was applauded by women groups as a step towards fair treatment towards women and open more opportunities for them to be appointed at higher positions.

However, the recent restrictions imposed on the role of women judges, have agitated the women activists. It was stated that this is because women may not have the right mental and emotional competence to deal with cases. Several women’s rights activists contended that the doubt raised on the mental and emotional competence of women is an insult to all Muslim women. Women had already proved themselves to be competent judges in the secular courts.