KUALA LUMPUR, March 5 – A new report published by Sisters in Islam (SIS) underscores the strenuous process of claiming their financial rights that low-income Muslim women face under the Islamic family legal system in Selangor and the Federal Territory.
Only 49 per cent of divorced women or women undergoing a divorce, who were surveyed, submitted claims for their financial rights in the Syariah Courts. The remaining 51 per cent of women chose to settle their cases out of court.
According to the report, this indicates the existence of constraints that women face in the legal system to claim their rights.
The report details various forms of financial claims that women are entitled to following a divorce but also highlights the challenges women face in accessing these claims due to bureaucracy, non-compliance by ex-husbands, weak enforcement of court decisions, social stigma, and high financial costs. As a result, many women are deterred by the process.
The report, which is in Malay, is based on a survey among 124 Muslim women from the low income B40 group who live in Kuala Lumpur and Selangor. The survey was conducted by the Medeka Centre.
During his speech at the launch of the report last February 25, Ibrahim Suffian, programmes director of Merdeka Centre, said that studies and government statistics have shown that it is the low-income group who have been most affected by the rising cost of living following the Covid-19 pandemic.
“Within that group, the biggest impact is felt by women through divorce and the ensuing difficulties in getting access to justice through the existing system,” said Ibrahim.
“The findings of this study show that many B40 Muslim women face various obstacles in obtaining their financial rights such as alimony, as well as financial and emotional support after divorce.”
“Besides competing for job opportunities while bearing the responsibility of taking care of the family, women who face divorce not only lose a stable source of income, they also need to find a way to maintain family stability, and look after the emotions and well-being of their children.”
Women Face Added Financial Pressures After Divorce
Most of the women surveyed in the study were in the 41 to 50 age group, followed by the 31 to 40 age group, 51 to 60 age group, with the balance aged 60 and above and in the 21 to 30 age group.
In the study, it was found that the majority of the respondents were divorced and only a handful were remarried.
Employment varied among the respondents with some working in the private sector, some are housewives, and others are self-employed.
However, many of them faced financial difficulties after divorce, especially those whose income is not stable, according to the report.
A large number of them have side hustles such as food businesses, part-time sales, home tutoring, and their own businesses.
The report’s findings provide insights into the realities of life for Muslim women in the B40 group, who have to deal with added financial pressures following divorce, with many having to do additional work to supplement their income in order to survive.
On average the women surveyed have low to moderate personal income, with monthly income of between RM1,000 to RM3,999. Only a small number had personal income exceeding RM6,000.
Burden Of Debt
The study also found that most respondents have personal expenses that exceed their income. This problem is exacerbated when viewed in terms of household income and expenses; respondents reported a gap of between 5 and 14 per cent where household expenses exceeded income.
The burden of debt is the main issue facing many of the women, with the majority of them having to shoulder the burden of housing, vehicle, and personal loans debts.
With low personal income and heavy financial commitments, Muslim B40 women find themselves in dire straits resulting in compromised quality of life.
During a panel discussion held in conjunction with the launch, Syahieda Che Mid, senior researcher at Merdeka Centre, said it was not easy getting the woman to open up about their circumstances.
“Many of the women initially refused to cooperate because they were ashamed of their status,” said Syahieda, who added that respondents were also afraid of being labelled greedy (gila harta).
The women displayed a range of emotions including anger. “They were not angry at us but they were angry at their husbands, they were angry at the courts, they were angry at their families.
“So there were emotions like sadness and they were crying. There are also cases when the family doesn’t accept, so they have no choice but to find support elsewhere.”
Financial Claims For Muslim Women Following Divorce
This is why the right to financial claims is imperative for divorced women. However, the study found that historically claims made in the Syariah courts for matrimonial property, mutaah , nafkah isteri, nafkah iddah, and nafkah anak are complicated by challenges, making it arduous for women to obtain their financial rights.
The report by SIS revealed the following findings related to the various financial claims:
1. Matrimonial Property
Matrimonial property refers to the property jointly accumulated by the wife and husband throughout their marriage.
Based on the findings of the study, 18 per cent of the women surveyed made a claim for matrimonial property, with 12.9 per cent of respondents successfully settling their marital property claims in court.
However, the majority did not file for claims, 3.2 per cent filed for claims but withdrew them, while another 3.2 per cent settled out of court.
Most of the matrimonial property cases were referred to the Syariah courts. Among the properties claimed are houses, ASB funds, land and vehicles.
The process of finalising claims took more than four years after the file was opened.
The majority of respondents received the claims in the same year it was approved by the courts.
Some respondents received payment at once, some received payment in stages and there were also women who received payment after action was taken for defaulting.
The study found that even though the courts may render a decision in favour of the wife, the processing of claims may take a long time, with the process of receiving payment being a main challenge that many respondents had to face.
2. Mutaah
Mutaah is a consolatory payment made to the ex-wife following a divorce. Fifteen per cent of the women surveyed filed claims for Mutaah. The majority of respondents who filed for Mutaah have resolved their claims.
It takes two years for the claims to be resolved and the Jalan Duta Syaiah Court is the main centre handling these cases.
Most of the respondents received payment in the same year after being approved by the court and the majority of the respondents were allowed by the court to claim 100 per cent of the amount applied for.
However, there were also cases where the respondent did not receive any payment from the ex-husband after approval by the court.
3. Nafkah Isteri
Nafkah isteri or alimony is another financial right that is often claimed after a divorce.
The study found that 10 per cent of the women surveyed filed for this claim, with 5.6 per cent of respondents having completed the filing. Most cases are being managed in the Bangi Syariah Court.
The time period for resolution of claims is less than two years after the file was opened.
However, what is surprising is the majority of respondents did not receive payment from their ex-husbands even though the court decision was in their favour.
4. Nafkah Iddah
Nafkah Iddah is maintenance which a husband must provide for his wife over a period of three consecutive months after divorcing her, which is called the iddah or ‘waiting period’.
In this study, 12 per cent of respondents made a claim and 10.5 per cent of respondents successfully settled their claim for nafkah iddah.
The majority of women who claimed for nafkah iddah reported that it took less than a year for their cases to be resolved in court.
Most of these cases were processed at the Jalan Duta Court.
Fifty-four cent of respondents reported that they received payment in the same year. However, 8 per cent of respondents received less than the amount ordered by the court from the ex-husband.
5. Nafkah Anak
Nafkah anak or child support is the ex-husband’s responsibility and involves bearing the children’s living costs after divorce.
The study found that 35 per cent of respondents filed claims for child support, with 31 per cent of respondents successful in their claims.
The length of time taken to resolve claims for nafkah anak in court is less than a year.
Most cases are processed at the Jalan Duta Syariah Court. Out of the respondents who filed claims, 74 per cent received the payment amount ordered by the court, while the rest did not receive payment from their ex-husbands.
Most of the women who received payment reported that they received payment the same year the order was issued.
However, there were also cases where payment was only received after several years. This factors into the difficulties faced by single mothers in bearing the cost of raising their children, when their ex-husbands do not comply with the court order.
The Long And Fraught Road To Claiming Financial Rights
The report made the following conclusions based on its findings about the various forms of financial claims:
In the case of matrimonial property, although a few of the women surveyed were able to resolve their claims, the process of finalising the claims was time-consuming and difficulties would arise when it came to receiving payment.
While the study indicated that many of the claims for mutaah were resolved within a shorter period of time, there were still cases where no action was taken against mutaah payment defaulters, which illustrates weakness in enforcement.
Despite the courts finding in their favour, many did not receive their claims for nafkah isteri (alimony), calling into question the effectiveness of the system.
And while the claims for nafkah iddah were resolved within a short period, there is a problem with non-compliance, jeopardising the women’s ability to support themselves after the divorce.
Finally, for nafkah anak (child support), although a number of respondents were successfully able to obtain their claims, there are still many who do not receive their payments on time, and face difficulties providing for their children.
In conclusion, the study found that the claim of financial rights after divorce in Syariah courts, especially related to matrimonial property, mutaah, nafkah isteri, nafkah iddah and nafkah anak, involves various challenges for women.
Need For Reforms In Legal And Enforcement System
Overall, the findings of this study emphasised the need for reforms in the legal and enforcement system to ensure women’s financial rights after divorce are protected and implemented effectively.
“As a society that values justice and equality, we all have a shared responsibility to ensure that our legal system is more fair, inclusive and accessible to all parties, especially women, regardless of their socioeconomic status,” Ibrahim said.
“This involves strengthening existing support systems, improving access to information and legal assistance, as well as speeding up the legal process so that it is more efficient and user-friendly, especially for those with families and many dependents.”
