Why Maria Chin should be spared a jail sentence

 

Ask any single Muslim mother about her experience of attending the shariah court to fight her case and the story is often a depressing one.

Her story will reflect what Petaling Jaya MP Maria Chin Abdullah was trying to highlight when, in September 2019, she made a reference to a high-profile divorce case.

The husband in the case took umbrage at Maria’s remarks and initiated contempt proceedings against her. On April 25, the Federal Territory shariah high court sentenced Maria to seven days’ jail for allegedly “insulting” Islam.

As many Malaysians said later, Maria’s criticism was not directed at Islam but at the shariah legal system and process. Some said she merely pointed out what she already knew from the testimony of women who had probably sought her advice at her constituency clinic.

Few people will dare to speak up because they do not want to be targeted by those who will claim they are going against the religion. But keeping silent will not help either. In the end, a system ripe for reform remains unchanged, with the result that more women, both Muslim and non-Muslim, could be discriminated against, and children left to suffer.

One woman said she tried to divorce her husband after he committed adultery, but he refused her request. Her experience is shared by others who have been through the shariah court system.

Husband who keeps avoiding court hearing

The husband left the marital home, and she suspected that he had returned to his parents’ house, but they were unwilling to disclose his whereabouts, because they knew he would be summoned to face charges.

She did not give up trying to divorce him, but it was tough because the hearing was postponed several times after her husband refused to turn up.

It was a stressful time, and the experience depleted her savings. She had to pay her lawyer to attend each hearing, both not knowing if the husband would present himself in court.

She spent a small fortune on transport (she relocated to Kuala Lumpur but had to travel to Shah Alam for the divorce proceedings, as the address of their former marital home was registered there).

She had to pay a child-minder, and had to take time off from work to attend court. After several court appearances, her employer served her notice because her frequent absence was disrupting his business and he had to find temporary staff to fill in for her.

Police can’t locate him

Her lawyer asked the police to help locate her husband and arrest him. When she went to court four weeks later, she discovered that the police had not been informed and had not brought him to court. A new date had to be arranged.

When that day arrived, the police said they could not find him at the address provided, so yet another date had to be set.

“That was the last straw and I gave up,” the woman was reported to have said. “I had waited several months for something to happen.

“Some of my friends said it had taken them several years to finalise a divorce, by which time their husbands claimed they could not afford to pay for the children.

Urgent reforms needed

“Another friend said her ex-husband would pay for the child’s maintenance in full, but that happened only for the first few months. When he stopped payment altogether, she was forced to drag him to court again.

“One friend said her former husband just ‘strung’ her and her lawyer along by asking for more time to effect payment. She soon realised that he was hoping to avoid maintenance, especially as the date of their child turning 18 was fast approaching. At 18, his father is under no obligation to pay.”

Versions of this story are commonly shared by other single mothers.

What Maria claimed was that women were discriminated against under the system. The system needs urgent reform to bring it up to date with modern day Malaysia. It also needs to be standardised throughout the nation.

Are other MPs, apart from Maria, willing to push for this? - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.