100 Women: The woman who decides if men can take a second wife
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Joshua Paul for the BBC
Islamic regulation, often known as Sharia regulation, is commonly related by critics with harsh punishments and hardline attitudes. However one among Malaysia’s first feminine Sharia excessive court docket judges says her position offers her a possibility to guard ladies within the Muslim-majority nation.
Choose Nenney Shushaidah presides over 5 trials a day and might hear as much as 80 circumstances per week.
Malaysia practises a reasonable type of Islam however conservative attitudes have been on the rise and the usage of Sharia regulation is rising as nicely. Below a dual-track authorized system, 1000’s of Muslims use it to settle ethical and household issues. Non-Muslims are required to comply with secular legal guidelines that take care of the identical issues.
She passes judgment on the whole lot from monetary circumstances to these involving the Sharia idea of Khalwat [unmarried Muslim couples being caught in compromising situations].
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Joshua Paul for the BBC
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Malaysia is a Muslim-majority nation
However her experience lies in baby custody and circumstances of polygamy – the Muslim idea of permitting males to marry as much as 4 wives, which is authorized in Malaysia.
Choose Shushaidah says there are various elements she considers earlier than, for instance, permitting a polygamous union.
“Each case is complicated and totally different,” she defined. “You possibly can’t generalise Islamic regulation and say it favours males and treats ladies badly… I wish to right that false impression.”
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Joshua Paul for the BBC
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‘My robes remind me of the heavy duties that include being a Sharia decide’
All these concerned in a proposed polygamous marriage are required to be bodily current in Choose Shushaidah’s court docket.
“I wish to hear from everybody, not simply [the] males,” she mentioned. “I make it a degree to talk with ladies to seek out out if they’re on board with the association. It’s important that they comply with it as a result of if I see any indicators that say in any other case then I will not grant permission.”
“I’m feminine and I can perceive most girls wouldn’t like the concept. However it’s allowed beneath Islam, and our Malaysian courts have enacted strict legal guidelines to control this.”
“A person has to have very robust causes for wanting one other marriage,” she mentioned.
BBC 100 Girls 2018: Who’s on the checklist?
“He should present he can take care of the welfare of his first spouse in addition to the ladies who come after. He isn’t allowed to neglect the wants of anybody.”
Choose Shushaidah added that some wives will be supportive of the concept.
She remembers, for instance, a case which concerned a significantly unwell lady who might not bear kids.
“She beloved her husband and wished me to grant him permission to marry a second spouse. So I did.”
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Getty Photographs
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Critics and rights teams argue Sharia is commonly used to discriminate
What’s Sharia?
Sharia is Islam’s authorized framework, derived from the Koran, Islam’s holy e-book; the Hadith, the sayings and conduct of the Prophet Muhammad; and fatwas, the rulings of Islamic students.
In Malaysia, it’s utilized to totally different levels throughout the nation’s states.
Background on Sharia regulation (BBC faith)
How is Sharia regulation utilized?
She defends her faith’s status for strict legal guidelines by arguing that it’s able to equity.
However critics and rights teams argue Sharia is commonly misused.
“Now we have no objection to Sharia regulation that does not discriminate in opposition to ladies, homosexual individuals or social and non secular minorities,” Asia deputy director of Human Rights Watch Phil Robertson advised BBC 100 Girls.
“However the issue with Sharia regulation in Malaysia is that too usually it does exactly that.
“Faith is rarely a suitable motive to violate worldwide human rights requirements of equality and non-discrimination.”
For instance rights activists had been outraged by the latest caning of two Malaysian ladies convicted of trying to have lesbian intercourse, and say Sharia regulation was misused on this case.
Choose Shushaidah wouldn’t tackle the case, however mentioned: “Caning beneath Sharia regulation serves to coach offenders in order to not repeat the act once more.”
Malaysia nation profile
Rights teams in Malaysia welcome first Islamic ladies judges
Choose Shushaidah additionally argues that Sharia doesn’t at all times rule in favour of males.
“Our regulation exists to guard ladies’s rights. It seems at their welfare and safeguards their livelihoods,” she mentioned.
“Islam holds ladies in excessive regard and as judges, we should return to its teachings and keep worthiness utilizing Sharia.”
Her biggest concern lies with Muslim males bypassing strict Sharia court docket procedures by marrying abroad.
“He would not be sure by Malaysian regulation if he marries overseas. Some wives really consent to this to guard their husbands however they do not realise the way it works in opposition to them,” she mentioned. “Our Sharia legal guidelines are in place to guard the pursuits of ladies and maintain males accountable.”
Girls’s teams like Sisters in Islam highlighted a “extreme scarcity of feminine illustration” within the courts and a “robust sense of patriarchy” within the general system.
“The Sharia authorized context in Malaysia not solely selectively discriminates in opposition to ladies, it vilifies them as the reason for social immoralities,” mentioned spokeswoman Majidah Hashim.
“State Islamic establishments… have carried out little to make sure ladies are accorded due justice. In truth, the latest prosecution of ladies beneath Sharia regulation clearly reveals that their voices are alarmingly silenced and entry to justice is worryingly stifled.”
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Joshua Paul for the BBC
This makes Choose Shushaidah’s appointment a very vital one.
“Again in my day, most Sharia judges had been males who questioned the necessity for girls within the apply,” mentioned Choose Shushaidah.
“I by no means dreamed of changing into a decide,” she admitted. “As a lawyer, I did not know if I might tackle such a senior position that handled difficult circumstances. And as a lady, I felt doubt and worry.”
“Typically I do really feel uneasy. As a lady, I need to really feel, and I might be mendacity if I mentioned I felt nothing. However I’m a decide and I’ve to ensure I’m at all times clear and goal. So in my judgment, I attempt to tackle this. I make do with the perfect proof I get in court docket.”
What’s 100 Girls?
BBC 100 Girls names 100 influential and inspirational ladies world wide yearly and shares their tales.
It has been a momentous 12 months for girls’s rights across the globe, so in 2018 BBC 100 Girls will mirror the trailblazing ladies who’re utilizing ardour, indignation and anger to spark actual change on the earth round them.
‘I do not wish to be the UK’s solely black feminine historical past professor’
Discover us on Fb, Instagram and Twitter and use #100Girls
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