Sisters In Islam (SIS) executive director Rozana Isa has questioned the wisdom of the latest amendments to the Terengganu syariah code, saying that it does not seem to consider the issues facing prejudice and violence against women.
“We have gone through several economic crises, natural disasters, and a global pandemic. Have we learnt nothing at all about the impact of such a crisis, i.e. that women and girls would be the first to suffer because they have limited autonomy over their bodies and become more vulnerable to physical and sexual violence?
“It is the norm, rather than an exception, in our social and community narratives and upbringing that women and girls are raised to be obedient to authority or anyone who is authoritative in their lives,” Rozana (above) told Malaysiakini.
On Dec 1, the Terengganu state legislative assembly passed an amendment to the Syariah Criminal Offences (Punishments) Enactment 2022 to strengthen the implementation of syariah law in the state, which includes the addition of four new sections, among others.
The four new sections include offences for Section 3A (witchcraft and black magic), 29A (pregnancy or giving birth out of wedlock), 33A (women acting as men), and 36A (in preparation of sodomy) (persediaan melakukan liwat).
Section 29A states that Muslim women found guilty of out-of-wedlock pregnancy and childbirth will be liable for a fine not exceeding RM3,000, imprisonment up to two years, or both.
Harsh punishments for unwed mothers
Rozana said that it had been almost 30 years since SIS first addressed the issue of women being discriminated against under such laws.
“SIS submitted a memorandum to the then prime minister on Dec 25, 1993, raising concerns on the unanimous passing of the Kelantan Syariah Criminal Bill (II) 1993.
“This amendment of the Terengganu enactment bears no consideration to the issues and conversations of violence against women that have been going on for more than 30 years in Malaysia.
“Is charging and punishing the mother the most reasonable way to address the situation of having a child out of wedlock - to put them away for three years, fine them RM5,000 and six lashes maximum?” she asked.
She questioned whether, in Terengganu, there was a rise of children being given away to orphanages or welfare homes because they don’t have parents to look after them or their mother is unable to raise them on their own.
“Is the number of adoptions increasing in the state of Terengganu as children are being given away because they are born out of wedlock?
“Is there a rise in the cases of baby dumping in Terengganu? Or is the legal amendment not related to what is happening on the ground but rather a move to be seen publicly as doing something to uphold Islam?” Rozana asked.
She also asked what would happen to the child in the long term if the mother doesn’t have a chance to recover and rebuild her own life because she first has to spend three years in prison and then suffers the social stigma of having a prison record.
Last week, Malaysian Paediatric Association (MPA) treasurer Dr Musa Nordin and Dr Johari Bux, a former president and trustee of the Obstetrical and Gynecological Society of Malaysia (OGSM) spoke out against the amendments, saying that the priority should be harm reduction in public health interventions.
Saying there was a real need for comprehensive sexual education, they pointed out that teenage mothers had higher incidences of maternal anaemia, premature rupture of membranes, pregnancy-induced hypertension, infections, emergency cesarean sections, obstructed labour, postpartum depression, low birth weight babies, prematurity, and inadequate breastfeeding initiation.
This was in response to those who claimed that those who opposed the controversial amendments were doing so under the influence of “morally bankrupt” Western culture.
Working-class women more likely to suffer
“Is the Terengganu state government going to run programmes to have these mothers trained and skilled up for employment after their prison term? Is that going to happen while they are in prison?
“What about access to justice for women who are charged for being pregnant out of wedlock? Would they be able to avail themselves to lawyers who would ensure that their rights are protected and upheld towards getting a reasonable and fair hearing in court? Or would they be told to plead guilty in lieu of a minimum sentence?
“If so, would the likelihood be that those from the working class would stand a lesser chance of putting in a reasonable defence in court compared to someone who has the financial means to hire a good lawyer, albeit one that would be willing to defend a person who has supposedly committed illicit sexual relations?”
Rozana said that, under such circumstances, it is more likely that we will see a cycle of poverty continue for such women in Terengganu unless a programme is perpetually in operation to educate, train, and upskill them when they are in prison or after they are released from prison.
“Where Islam is concerned, how is the principle of justice served? Who is that justice for? The politicians, religious authorities, and lawmakers of the state of Terengganu? The state of Terengganu itself?
“Because it is not justice for the women and their children,” she said.
She also added that the politicians, religious authorities, lawmakers and the government of Terengganu can put in better time and resources for the people of the state so that they have more for their lives and a future to look forward to.
“Do they have nothing else to offer to the people of Terengganu aside from criminal laws? Are they that bankrupt of ideas? It is painful to see this happening to Terengganu, one of the most beautiful states in Malaysia and the people of Terengganu are one of the most giving in hospitality and creative in terms of arts and culture,” she lamented. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.