A new report by SIS Forum Malaysia has found that little has changed for Muslim women in the syariah legal system, which it says remains plagued by delays, absent court officers, and weak enforcement of maintenance orders that leave women and children vulnerable.
According to the report, many clients - the vast majority of them women - appeared in court without legal representation, often because they could not afford a lawyer or did not qualify for legal aid.
Proceedings were also delayed in some cases due to absent or unethical lawyers. The report recorded a single instance of a judge’s absence.
"Seven complaints were recorded against the court system, making it the highest complaint category for the year. This indicates consistent concern among clients regarding the procedures and administration of the judicial system.
"Four complaints were made against lawyers, signalling a failure of professionalism in providing ethical and responsible legal services.
“Additionally, two complaints were received against the Legal Aid Department, while one complaint each was reported against a judge, the Religious Department and under the 'others' category.
"This trend reveals that although the overall number of complaints is not particularly high, it remains significant as it involves key institutions within the Islamic family justice process.
“It reflects user dissatisfaction with the entire chain of institutions that are supposed to protect, facilitate and expedite access to justice," SIS Forum said in its Telenisa 2024 Report.
The study also highlighted the recurring problem of husbands ignoring maintenance orders. The report found that despite court rulings, enforcement was either too slow or ineffective, leaving women struggling to provide for themselves and their children.
Some clients reported that orders were not even properly served to their spouses, further undermining the process.
Telenisa said these failures erode trust in the syariah justice system and called for stronger monitoring of legal professionals, stricter enforcement of maintenance orders, and a more efficient court process.
Without such changes, the report warned, women and children will continue to pay the price for a system that too often leaves them without protection.
The report, based on 188 clients served by Telenisa last year, revealed struggles with child maintenance, divorce, custody, and domestic violence.
The SIS Forum’s free legal clinic served 188 clients in 2024, with 92 percent being women, most from low-income households.
Financial literacy
The report said financial issues continue to be a major concern for Muslim wives since Telenisa was first established.
"In 2024, maintenance recorded the highest number of cases with 19, followed by 11 cases of matrimonial property, while arrears of maintenance and mut'ah each recorded six cases. Cases involving nusyuz (disobedience) and iddah maintenance were recorded at two cases each.
"SIS acknowledges this reality and has taken the initiative to conduct a study on 'the financial rights of low-income Muslim women within the Islamic legal system in Selangor and the Federal Territories," the report said.
Mut‘ah refers to a consolatory payment, either in cash or in kind, made by a former husband to his ex-wife after divorce, and it is considered obligatory if the divorce was not caused by any fault on the wife’s part.
Iddah is the prescribed waiting period a woman must observe following divorce or the death of her husband, during which she is not permitted to remarry.
It added that the findings revealed that only 49 percent of low-income Muslim women pursued financial claims in the Syariah Court, while 51 percent did not do so, either due to constraints or by opting for out-of-court settlements.
"This demonstrates that financial literacy among low-income Muslim women remains low, and there is a significant gap between the rights provided under the law and their actual access to those rights.
“It highlights the urgent need for reforms in support systems, legal education and empowerment initiatives to ensure that women in this group can more effectively claim and enjoy their financial rights," it added.
Suffering in silence
SIS Forum's executive director, Rozana Isa, said the struggles faced by Telenisa clients show that women and children are paying the price of weak enforcement of maintenance orders and the gaps in our justice system.
"Without reforms like a child support agency and more concrete and clear processes and procedures of receiving what women and children are entitled to financially, families will continue to suffer in silence," she added.
SIS Forum said that its recommendation of a federal child support agency is aimed at tracking, collecting, and enforcing maintenance.
It also urged reforms to marriage and divorce procedures, to ensure consistent registration across states and penalties for talaq (pronunciation of divorce) pronounced outside the courts.
The group also called for improvements in legal access, including the expansion of legal aid and stricter regulation of unethical lawyers.
The report further stressed the need to protect survivors of violence by expanding integrated services such as shelters, counselling, and legal assistance.
SIS Forum also emphasised supporting women’s economic independence, urging the government to design targeted programmes for housewives and unemployed women who are often left vulnerable during marital breakdowns.
Last year, the NGO urged Putrajaya to move beyond lip service and take concrete action to address the challenges faced by Muslim women.
In May last year, Rozana had called for comprehensive government data collection, stronger legal procedures to secure financial rights and child maintenance in the Syariah courts, and immediate steps to protect women’s rights and end discrimination.
“Muslim women, united in their faith, transcend national, racial, and creedal boundaries. It is crucial to confront the disparities in legal treatment they face across various states," she said. - Mkini
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