The effect of practice of polygamy to womens rights in Malaysia

Problem statement:
The practice of polygamy has become a highly debatable issue due to its
sensitive nature. Polygamy is allowed in Islam as it has been embedded inside
Al-Quran.
Surah An-Nisa, verse 3:
"Maka berkahwinlah dengan sesiapa yang kamu ber-kenan dari perempuan-
perempuan (lain): dua, tiga atau empat."
However, the practice of polygamy was not created nor were they encouraged
by Islam. Polygamy has been practiced thousands of years before Islam had
embedded it in the Quran, by other nations and civilizations. For instance, the
Ancient Greek civilization allows the practice of polygamy with an unlimited
number of wives
1
. Wiestermark, an English sociologist has claimed that the
practice of polygamy was also acknowledged by the Christians until the 17
th

century. Hence, it could be said that polygamy was not created nor was it
encouraged by Islam but rather Islam had embodied the rule to acknowledge
its existence and practice. Furthermore, in Islam the practice of polygamy is
not as simple as one may think.
Surah An-Nisa, verse 129.
In Malaysia, however, the practice of polygamy has raised a few eyebrows due
to the infringement of womens rights that continues to happen. In the year
2005, the Islamic Family Law (Federal Territories) (Amendment Act) was
amended and had caused many womens rights group to voice their
dissatisfation. One of the many provisions that were amended and was
regarded as a problem were
2
:
1. Making polygamy easier by amending the existing condition of just and
necessary to just or necessary.
2. Increasing the husbands 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

1
Book- Hikmah polygami
2
Internet-official website - http://www.wluml.org/node/95
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 husbands
financial claims on the womans 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 husbands 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.














Objective:
1. To identify the laws related to Islamic polygamy and study the impact of
the PRACTICE to womens rights in Malaysia.
Perimeter of the study:
1. The study is focused on an Islamic family (especially women) that
practices polygamous marriage.
Methodology:
1. Library research
a. To find out the laws that governs the Islamic polygamous marriage
in Malaysia and the problems that arises out of it.
b. To find books and journals that has been written by previous
authors on the reality of polygamy in Malaysia.
2. Interview
a. Interview the Syariah registrar of marriage to obtain the data on
application for polygamy and the reason of application.
b. Interview a person who has been researching issues on Womens
Rights and polygamous marriage
c. Interview a member from the SIS Forum who can shed some light
on their research
d. Interview the member of the public who is a Muslim and is
directly affected by the practice of polygamy.
Literature Review
1. The Women Living Under Muslim Laws reported that the Sister In Islam had
urged the government against the Bill of the Islamic Family Law to be enacted.
The Bill essentially creates an unjust system to muslim women in Malaysia. The
main problem of the bill laid down by Sister in Islam was:
a. Making polygamy easier by amending the existing condition of
just and necessary to just or necessary.
b. Increasing the husbands 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.
c. Enabling husbands to prevent the disposition of property by a wife
or former wife, in order to protect the husband or former
husbands financial claims on the womans 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.
d. Removing the husbands 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).
e. Enabling the husband to claim harta sepencarian from his wife or
existing wives, in cases of polygamy or divorce.
3

2. Most literature such as Hikmah Poligami
4
and Konflik Poligami
5
supports
the contention that polygamy is a beautiful practice in Islam IF practiced
correctly.
3. Both writers had stressed on the importance of understanding the origin
of polygamy in Islam. Furthermore, most books that discuss polygamy in
Islam had supported that Islam does not create nor do they encourage
the practice of polygamy
6
.









3
Internet official websitehttp://www.wluml.org/node/95
4
Book- Hikmah poligami -1992.mustaffa suhaimi. Progressive products supply
5
Book- Amran kasimin. Karya publishing house. Petaling jaya 1978
6
Book -Feminism and islam.
(Planned) Content
Chapter 1 Introduction, objective and perimeter of study.
Chapter 2 Literature Review (from library and internet research (?))
Chapter 3 Methodology
Chapter 4 Findings (from interviews)
Chapter 5 Conclusion