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7 - One Decade of Female Judges in the Malaysian Shariah Judiciary

Promises to Keep and Miles to Go

Published online by Cambridge University Press:  21 October 2021

Melissa Crouch
Affiliation:
University of New South Wales, Sydney
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Summary

Malaysia has been on a long and rocky road for women to be appointed to the bench with progress only starting in the last decade. Not that long ago, a NGO Shadow Report commenting on Malaysia’s Report on CEDAW in 2005 described the number of female judge as ‘dismal’ in the civil and Syariah legal system. Women had to overcome significant challenges of being on the bench in the Syariah court system as a national fatwa prohibited women from being appointed as judges. It took over two decades for the National Fatwa Committee to overrule its previous decision allowing women to be appointed as Syariah court judges provided that they met the qualification requirements. In order for the fatwa to take effect in the individual states, it had to be passed by the respective states with some states declaring they would not pass it and other states remaining silent on this issue. Progress was initially very slow and by early 2016, only the five out of thirteen states allowed Muslim women to become Syariah court judges. By mid-2016 history was made when more states came around and women were also appointed to higher Syariah courts.

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Publisher: Cambridge University Press
Print publication year: 2021

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References

Abdul Rahman, Ghazali (2007), ‘Kriteria Perlantikan Hakim Syarie Wanita (Criteria for the Appointment of Women Judges)’, 23(1) Jurnal Hukum, 123.Google Scholar
Abdullah, Raihanah (2016), ‘Muslim Women in Charge: Contemporary Trends & Challenges’, Seminar on Women as Judges and Leaders, 19 July. Seminar organised by IAIS and Jakess. Kuala Lumpur.Google Scholar
Ahmad, Salbiah (2010), ‘First Women Syariah Judge a Major Step Forward’, Malaysiakini, 10 August, www.malaysiakini.com/news/139646, accessed 6 October 2020.Google Scholar
Ahmad, Salbiah (2004), ‘The Polemics of Muslim Women to Public Office’, Malaysiakini, 24 August, https://m.malaysiakini.com/news/29425, accessed 6 October 2020.Google Scholar
Al Jazeera America (2017), ‘The Female Face of Islamic Law in Malaysia’, 16 August, www.aljazeera.com/features/2017/08/16/the-female-face-of-islamic-law-in-malaysia/?gb=true, accessed 6 October 2020.Google Scholar
Alagesh, T. N. (2014), ‘Nation Must Combat Liberalism’, New Straits Times, 14 May.Google Scholar
Ali, Aishah (1999), ‘A Long Wait for Women to Be Syariah Court Judges’, New Straits Times, 27 June.Google Scholar
Ali, Shaheen Sardar (2000), Gender and Human Rights in Islam and International Law: Equal Before Allah, Unequal before Man? The Hague: Kluwer Law International.Google Scholar
An-Na’im, Abdullah (2001), Toward an Islamic Reformation: Civil Liberties, Human Rights and International Law. Syracuse, NY: Syracuse University Press.Google Scholar
An-Na’im, Abdullah A. (1990), ‘Islam, Islamic Law and the Dilemma of Cultural Legitimacy for Universal Human Rights’ in Welch, Claude E. Jr. and Leary (eds.), Virginia A. Asian Perspectives on Human Rights. Boulder, CO: Westview Press, 3154.Google Scholar
BBC (2018), ‘100 Women in 2018’, www.bbc.com/news/world-46225037, accessed 20 June 2020.Google Scholar
Black, Ann, Esmaeili, Hossein and Hosen, Nadirsyah (2013), Modern Perspectives on Islamic Law: The Nature of Law, and Its Relationship with Religion, in Islam. Cheltenham: Edward Elgar Publishing.Google Scholar
David, Adrian (2017), ‘First Female Judge of Terengganu Syariah Court of Appeal Vows to Tackle High Number of Divorces’, New Straits Times, 16 October, www.nst.com.my/news/crime-courts/2017/10/291762/first-female-judge-terengganu-syariah-court-appeal-vows-tackle-high, accessed 6 October 2020.Google Scholar
Dermawan, Audrey (2006), ‘One Woman Eligible as Syariah Judge’, New Straits Times, 28 April.Google Scholar
Federal Court of Malaysia (2014), ‘The Malaysian Judiciary: Yearbook 2014’, www.kehakiman.gov.my/en/annual-report-judiciary, accessed 20 June 2020.Google Scholar
Federal Court of Malaysia (2012), ‘The Malaysian Judiciary: Yearbook 2012’, www.kehakiman.gov.my/en/annual-report-judiciary, accessed 20 June 2020.Google Scholar
Government of Malaysia (2010) ‘2010 Census, Population Distribution and Basic Demographic Characteristics’, www.mycensus.gov.my/banci/www/index.php?&id=3&page_id=35, accessed 23 January 2020.Google Scholar
Jabatan Kemajuan Islam Malaysia (JAKIM) (2015), ‘Kompilasi Pandangan Hukum: Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia’.Google Scholar
Jayatilaka, Tania (2019), ‘Malaysia’s First Female Syariah High Court Judge on Tough Decisions & Gender Equality’, Malaysia Tatler, 28 June, https://my.asiatatler.com/society/first-female-syariah-high-court-judge-in-malaysia-nenney-shuhaidah-shamsuddin, accessed 6 October 2020.Google Scholar
Koshy, Shaila (2016), ‘Judicial Appointments Mark a Positive Step’, The Star Online, 20 July, www.thestar.com.my/news/nation/2016/07/20/judicial-appointments-mark-a-positive-step, accessed 6 October 2020.Google Scholar
Lindsey, Tim and Steiner, Kerstin (2012), Islam, Law and the State: Malaysia and Brunei: Islam, Law and the State in Southeast Asia. 3 vols. London: I. B. Tauris.Google Scholar
The Malay Mail Online (2016), ‘Shariah High Court Appoints First Women Judges in Malaysia’, 27 June, www.malaymail.com/news/malaysia/2016/06/27/the-first-two-women-shariah-high-court-judges-in-malaysia/1150203, accessed 6 October 2020.Google Scholar
Mayer, Ann Elizabeth (2013), Islam and Human Rights Tradition and Politics, 5th ed. Boulder, CO: Westview Press.Google Scholar
Lin, Mayuri Mei (2016), ‘Women’s Groups Want all Female Judges Allowed into Shariah System’, The Malay Mail Online, 20 February, www.malaymail.com/news/malaysia/2016/02/20/womens-groups-want-all-female-judges-allowed-into-shariah-system/1064521, accessed 6 October 2020.Google Scholar
Mohamad, Maznah (2004), ‘Women’s Engagement with Political Islam in Malaysia’, 16(2) Global Change, Peace & Security, 133149.Google Scholar
Moghadam, Valentine M. (2017), ‘Making the Case for Women Judges in the Miuslim World’ in Sonneveld, Nadia and Lindbekk, Monika (eds.) Women Judges in the Muslim World. Leiden: Brill, XIXIIX.Google Scholar
Moussalli, Ahmad S. (2001), The Islamic Quest for Democracy, Pluralism and Human Rights. Gainesville: University Press of Florida.Google Scholar
Muneeza, Aishath (2014), ‘Appointment of Female Judges in Muslim Countries’, 16(2) European Journal of Law Reform, 317328.Google Scholar
Neo, Jaclyn Ling-Chien (2003), ‘Anti-God, Anti-Islam and Anti-Quran: Expanding the Range of Participants and Parameters in Discourse over Women’s Rights and Islam in Malaysia’, 21 UCLA Pacific Basin Law Journal, 2974.Google Scholar
New Straits Times (2006), ‘Yes to Women Syariah Judges’, 28 July.Google Scholar
NGO Shadow Report (2005), ‘NGO Shadow Report on the Initial and Second Periodic Report of the Government of Malaysia: Reviewing the Government’s Implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)’.Google Scholar
Nurlaelawati, Euis and Salim, Arskal (2017), ‘Female Judges at Indonesian Religious Courtrooms: Opportunities and Challenges to Gender Equality’ in Sonneveld, Nadia and Lindbekk, Monika (eds.) Women Judges in the Muslim World. Leiden: Brill, 101121.Google Scholar
Othman, Muharyani (1997), ‘Women Want Reform and Justice’, New Straits Times, 23 Juanuary.Google Scholar
Ahmad, Razak (2010), ‘Malaysia’s First Women Islamic Judges Draw Debate’, World News, 4 August, https://article.wn.com/view/2010/08/04/Malaysias_first_women_Islamic_judges_draw_debate, accessed 6 October 2020.Google Scholar
Safi, Omid, ed. (2003), Progressive Muslims: On Justice, Gender and Pluralism. Oxford: Oneworld.Google Scholar
Sharma, Arvind, ed. (1987), Women in World Religions. Albany: State University of New York Press.Google Scholar
Sisters in Islam (2009), ‘Women as Judges’. Malaysia: Sisters in Islam.Google Scholar
Sonneveld, Nadia and Lindbekk, Monika (2017), ‘Introduction: A Historical Overview of Gender and Judicial Authority in the Muslim World’ in Sonneveld, Nadia and Lindbekk, Monika (eds.) Women Judges in the Muslim World. Leiden: Brill, 122.Google Scholar
The Star (2006), ‘Women Syariah Judge Only Awaiting Royal Assent’, 19 August.Google Scholar
Steiner, Kerstin (2011), ‘Variations of “Unpacking” a Global Norm in a Local Context: An Historical Overview of the Epistemic Communities That Are Shaping Zakat Practice in Malaysia’ in Gillespie, John and Nicholson, Pip (eds.) Law and Development and the Global Discourses of Legal Transfers. Cambridge: Cambridge University Press, 356378.Google Scholar
Steiner, Kerstin (2013), ‘The Case Continues? The High Courts in Malaysia and Unilateral Conversion of a Child to Islam by One Parent’, 14(2) Australian Journal of Asian Law, 115.Google Scholar
Steiner, Kerstin (2018), ‘Malaysia at the Crossroads? The Never-Ending Discourse between Islam, Law, and Politics’, 4 Journal of Religious and Political Practice, 256–277.Google Scholar
Steiner, Kerstin (2019a), ‘Islam, Law and Human Rights of Women in Malaysia’ in Reilly, Niamh (ed.) International Human Rights: Human Rights of Women. Singapore: Springer.Google Scholar
Steiner, Kerstin (2019b), ‘To Harmonize or Not to Harmonize? Syariah Criminal Law in Malaysia’, Summer Berita.Google Scholar
Suhakam (Human Rights Commission of Malaysia) (2017), ‘An Independent Report to the Committee on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)’. Malaysia: SUHAKAM.Google Scholar
Vijaindran, Audrey (2019), ‘Do More to Barrow Gender Gap’, New Straits Times, 7 December.Google Scholar
World Economic Forum (2020), Global Gender Gap Report 2020, www3.weforum.org/docs/WEF_GGGR_2020.pdfGoogle Scholar
Zin, Najibah Mohd (2017), ‘Female Judges in Malaysian Shariʿa Courts: A Problem of Gender or Legal Interpretation?’ in Sonneveld, Nadia and Lindbekk, Monika (eds.) Women Judges in the Muslim World. Leiden: Brill.Google Scholar

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