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October - December - Women's Aid Organisation

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INROADS<br />

Quarter 1, 2006


Inroads, Quarter 1, 2006<br />

Staff Announcements<br />

A big welcome back to Nabila Nasir as our new Project Assistant.<br />

A big welcome back to Kalai, Child minder!<br />

It was a sad farewell to Karen Tan, Project Assistant, who returned to Australia.<br />

A sad farewell to our longtime child minder, Amutha.<br />

EXECUTIVE COMMITTEE MEMBERS<br />

President<br />

Meera Samanther<br />

Vice President<br />

Shanthi Diariam<br />

Hon. Secretary<br />

Mok Chuang Lian<br />

Asst. Secretary<br />

Rozana Isa<br />

Hon. Treasurer<br />

Yeow Ai Lin<br />

Asst. Treasurer<br />

Sharon Hariharan<br />

Comm. Member<br />

Vivienne Lee Iskandar<br />

Musfiza Mustapa<br />

Carol Chin<br />

This edition was compiled by Norhajah<br />

Idris and Diya Gosh, Intern. Thank you to<br />

all who helped put this together!!<br />

STAFF<br />

Executive Director<br />

Ivy Josiah<br />

Finance & Admin Manager<br />

Sharmini Kanesamoorthy<br />

Projects & Admin Manager<br />

Annie Varghese<br />

Projects Assistant<br />

Nabila Nasir<br />

Admin. Assistant<br />

Thillai Nayaki<br />

Accounts & Admin Assistant<br />

Puspawati Ismail<br />

Programme Officer<br />

Vizla Kumaresan<br />

Social Worker Manager<br />

Shoba Aiyar<br />

Social Workers<br />

Jessie Ang<br />

Nazlina Abd Ghani<br />

Saralah Devi<br />

Wong Su Zane<br />

Librarian<br />

Mariam Salleh<br />

Night Supervisor<br />

Normah Md. Noor<br />

Child Social Worker<br />

Daljeen Kaur Jassal<br />

CCC Supervisor<br />

Mary Selina<br />

CCC Child Minders<br />

Vijaya Anumiah<br />

Hanif Nuk’awanah Nuhyi<br />

Kalayivani


Inroads, Quarter 1, 2006<br />

In Focus<br />

Eye on the Islamic<br />

Family Law<br />

1984 saw the first inklings of a move towards a uniform Islamic Family Law (IFL) for<br />

all states in Malaysia. At the time, Malaysia developed one of the first Islamic laws of<br />

this kind. It was progressive, and was seen as the model Islamic family law of the<br />

Muslim world. Other Muslim countries began emulating our laws when drafting their<br />

respective family law bills.<br />

However, a few amendments made to the 1984 IFL began to mark its movement away<br />

from gender equality. One of these amendments was the validation of divorce and<br />

polygamy contracted outside the court. The five conditions that were necessary in order<br />

for a man to contract polygamy became four. The condition that the standard of living<br />

of the first wife (or existing wives) should not be lowered was removed.<br />

Concurrent to the amendments in the IFL, other changes were taking place that<br />

discriminated against Muslim women. In 2000, a Fatwa regarding EPF and SOCSO<br />

benefits was issued. It said that even though a wife becomes beneficiary to the schemes,<br />

she can only act as the administrator of the estate. The property will be divided<br />

according to ‘hukum faraid’ or inheritance law.<br />

While Muslim women were facing more and more discrimination in the law, Civil laws<br />

were becoming progressive, with a movement towards gender equality. This began in<br />

1976, when a Parliamentary Select Committee was formed to review civil family law.<br />

Out of that came the Law Reform (Marriage and Divorce) Act, 1976. Later, the<br />

Guardianship Act was amended to allow equal guardianship to booth males and<br />

females. This however, was not applicable for Muslims.<br />

The highly debated 2005 Amendments actually began in 2001. The state of Selangor<br />

was the first to adopt and enforce the law, in 2003. By 2005, 11 states had already<br />

enforced the law. When faced with protest from Sisters in Islam (SIS), state officials all<br />

insisted that the best way to go with the law was to ‘accept it first and amend later’.<br />

It should be noted that SIS had been monitoring all the changes taking place, and<br />

protesting to the various agencies involved. In 2002, they handed a 42-page<br />

memorandum to the various ministries, calling attention to the discriminatory laws and<br />

for the implementation of a Muslim family law based on the principles of equality and<br />

justice.


Inroads, Quarter 1, 2006<br />

There are many aspects of the amended IFL that are discriminatory towards women.<br />

However, the 5 main contentious issues are:<br />

• To contract polygamy, the man has to show that the marriage is ‘just or necessary’<br />

rather than being ‘just and necessary’,<br />

• The division of ‘harta sepencarian’ (matrimonial property), upon polygamy, can be<br />

claimed by ‘any party’. The gender neutral language used here is unfair as the<br />

practice in court makes it easier for men to access the law, rather than women,<br />

• The first wife, or existing wives, have to choose between matrimonial property or<br />

maintenance, upon the husbands polygamy,<br />

• The husband can stop his wife from dispossessing her property under application for<br />

matrimonial property, and<br />

• The right to fasakh 1 divorce has been extended to men, on top of their right to talaq 1<br />

divorce.<br />

In November 2005, the IFL came up for debate in the Senate, for to be passed in the Federal<br />

Territories. The women senators were lobbied about the discriminatory aspects of the IFL,<br />

and all of then opposed it. However after weeks of lobbying by Sisters in Islam (SIS), and<br />

under immense media attention, the Senators were forced to vote for the IFL, when the party<br />

whip was invoked, despite their opposition to it. Following the controversial voting, the<br />

media was flooded with letters from outraged members of the public wanting to show their<br />

dissatisfaction with the law.<br />

Among the calls from SIS on behalf of the Joint Action Group on Gender Equality (JAG), is<br />

to not gazette the law in the Federal Territory, to place a moratorium on the laws that have<br />

been passed is other states, the formation of a Parliamentary Select Committee to review the<br />

Islamic laws and how they are affecting women, and to redraft the law and introduce a new<br />

Muslim Family Law based on the principles of equality and justice.<br />

It is important for civil society to be vigilant with the developments of the IFL. Lately, there<br />

has been a lot of news in the press regarding the IFL, with a different sort of reaction to it.<br />

Politicians who earlier were did admit to the flaws in the law, and are now claiming that the<br />

law is perfect. It is reactions like this that civil society has to respond to. Write letters to the<br />

printed media. If not a letter, most newspapers now have a section where members of the<br />

public can air their grievances via SMS. A short note outlining your dissatisfaction can speak<br />

volumes.<br />

Source: Sisters In Islam


Inroads, Quarter 1, 2006<br />

An Ongoing Case<br />

A Muslim Woman’s<br />

Hardship<br />

Zakiah, a twenty five year old Malay woman with a four year old son came to seek shelter early<br />

last year. She is a victim of domestic violence and her husband had pronounced ‘talak’ several<br />

times when she had gone out of the gate of their house or had gone to see her parents after an<br />

incident of abuse.<br />

Background<br />

Zakiah comes from a middle class family and was educated in a religious school. She is a beautiful<br />

petite woman, soft spoken and very articulate in her thoughts. She met her husband at a wedding.<br />

There was mutual attraction and despite protest from both sides, they got married. According to<br />

her, he was a confident person, good looking and attached to a multinational company.<br />

After the marriage, they moved into his parents’ home and she performed all the household tasks.<br />

She was expected to serve his mother, cook and<br />

clean. She had no freedom to do what she<br />

wanted or free time for herself.<br />

Abuse<br />

Just two months after the marriage, the abuse<br />

started. She was quite stunned in the manner it<br />

started. They would check into a hotel, and he<br />

would pick a fight with her for no reason and<br />

then beat her with his bare hands. This became a<br />

norm and as time went by, he was bold enough<br />

to abuse her in front of his parents. She being an<br />

obedient person, would tolerate it and forgave<br />

him. After sometime, she managed to persuade<br />

him to move out of the in-laws house and into<br />

their own. She believed that by doing so, they<br />

would be able to resolve their problems.<br />

However, her problems were far from over. Her husband was hot tempered and got angry for the<br />

slightest reasons. He would often demand that she cut the vegetables the way his mother used to<br />

cut and if she made a mistake of not doing so, he would lash out at her. He would slap her till her<br />

face was swollen, strangle her, kick her and bang her head on the wall. He used to use words like<br />

‘swine’ and ‘bitch’ and other vulgar words that she never heard before.


Inroads, Quarter 1, 2006<br />

She did not want to leave him, although the thought came to her very often, as she didn’t want<br />

to bring shame upon both families. She was so traumatized by the abuse that she thought she<br />

was loosing her sanity. As time went by, she became an introverted and disorientated person.<br />

Often she would pray to hear an apology from him for his behaviour, but none came. Not being<br />

able to stand the long silence between them, she would be the one apologizing for her actions.<br />

Many a times, he had chased her out of their home but would not allow her go to her parent’s<br />

house. She thought if they had a baby, he would change his ways. However, throughout her<br />

pregnancy, she was abused. After delivery, their sex life changed. He claimed she was not<br />

attractive to him any more.<br />

Realising her family life not improving despite having a son, she became very unhappy and<br />

had no reason to continue their six years of marriage. She decided to confide in her sister about<br />

her predicament. Shocked at what has been happening, her sister began to call numbers that she<br />

found in the papers and came upon WAO’s number. She gave it to Zakiah.<br />

Finding a right time to leave was difficult, as the in-laws had moved in to ‘watch’ over her.<br />

When they were in prayer one day, she took the opportunity to gather a few of her things and<br />

ran out with her son. She made her way to the Jabatan Agama to state her reasons for leaving<br />

home and that her husband had claimed he would divorce her many times before. Then she<br />

came to WAO. She, very reluctantly, made a police report against him regarding the abuse as<br />

she still did not want to bring him shame.<br />

Decision<br />

With the support of her family, she managed to get a lawyer to le for divorce and custody of<br />

their son. This was in late July 2005. Since then she had gone to court more than six times. The<br />

process was long drawn and complicated.<br />

Court System<br />

The first appearance in court was a reconciliation meeting called ‘suluh’, or a mediation<br />

meeting between both parties. When there was no settlement, both had to hire lawyers to fight<br />

their case in court. To do this, she had to go again to court to have a ‘ceremony’ or ‘wakalah’<br />

to appoint her lawyer upon which he was to get another date to x the “hearing date”. However,<br />

when the date came up, the case was postponed.<br />

This was not the end, as the case of the divorce and of the custody were postponed several<br />

times; Reasons for this the judge was on emergency leave, court had a ceremony for<br />

installation of new lawyers, the husband had denied he had uttered ‘talak’ and the judge had<br />

gone to perform his “haj”.<br />

An Explanation<br />

The Syariah court, works differently from civil courts where both divorce and<br />

custody are submitted in one application.


Inroads, Quarter 1, 2006<br />

An Explanation<br />

The Syariah court, works differently from civil courts where both divorce and<br />

custody are submitted in one application.<br />

She had to open six files to hear her matters: They were 1) confirmation of the<br />

divorce, 2) application for temporary custody, 3) setting aside of the<br />

temporary custody obtained by the husband first, 4) application for permanent<br />

custody, 5) maintenance and 6) obtaining matrimonial property. Every time,<br />

she had a court hearing, queries or to submit documents, she had to pay the<br />

lawyer for appearing in court or the court office.<br />

For six months she endured this and on her final hearing date, she managed to<br />

give testimony about her marriage. Her husband, however, was not present.<br />

Rightly, the judge went on with the case as it had been postponed too many<br />

times. Luck was on her side as his lawyer called for an out of court settlement.<br />

He proposed to give her custody of the son and a house to stay in so that she<br />

could send him to school and he was able visit him whenever possible.<br />

Zakiah was relieved as she felt now she could go on with her life. She hoped<br />

to seal the agreement as soon as possible so her husband will not change his<br />

mind when the time came. Her battle still goes on for the other files…as she<br />

hopes and prays. Court proceedings are still pending and she hopes and prays<br />

for a just solution.<br />

Shoba Aiyar ▪ Social Worker


16 DAYS OF ACTIVISM AGAINST GENDER<br />

VIOLENCE<br />

Get The Knowledge, Get The Power, Keep The Promise<br />

The campaign kicked off on 25th November 2005 at the Berjaya Times Square in<br />

conjunction with the annual global campaign. Joined by friends, affiliates and the media,<br />

each organization gave inspiring speeches on the issues of gender and violence against<br />

women.<br />

The theme for the campaign was “Get the Power, Get the Knowledge, Keep the Promise.”<br />

The star attractions, amongst the strategically placed booths, were Noree, a young upcoming<br />

star who contributes regularly to WAO through a percentage from album sales, and Dina,<br />

first runner up of the first Malaysian Idol.<br />

On 26 th November 2005, the collective traveled to Kinta City Shopping Centre, Ipoh. Starting<br />

set up at about 9 am, the event ran the whole day greeting warm crowds. A healthy mix of<br />

responses was received from the messages on the sandwich boards donned by the volunteers<br />

of the campaign. Some of brightly painted sandwich boards read, “Women are Social<br />

Subjects, not Sexual Objects”, “One Husband = One Wife” and “Don’t Turn A Blind Eye To<br />

Domestic Violence”.<br />

On the 27th November 2005, Sisters In Islam<br />

and Women’s <strong>Aid</strong> Organization were back at<br />

Berjaya Times Square setting up information<br />

booths. The crowd, of families and young<br />

teenagers, were out on a Sunday afternoon<br />

stroll, allowing for a relaxed and nonchalant<br />

atmosphere. Though many were intrigued by<br />

stunts pulled by the volunteers lying on the<br />

floor, surrounded by sandwich boards or lining<br />

up wearing the sandwich boards, like at a<br />

protest!<br />

Subang Parade was full of shoppers, perusing<br />

around the flea market outside MPH<br />

bookstore, and the16 Days of Activism<br />

Against Gender Violence continued on the 3 rd<br />

<strong>December</strong> 2005. A loose coalition of artists<br />

joined the NGO stalls to paint a mural. Calling<br />

themselves KataGender, the collective works<br />

to promote social activism and ultimately


Inroads, Quarter 1, 2006<br />

A campaign by Women’s <strong>Aid</strong> <strong>Organisation</strong>, Sisters in Islam,<br />

Malaysian AIDS Council, Amnesty International, All<br />

<strong>Women's</strong> Action Society.


Inroads, Quarter 1, 2006<br />

A Child’s Right to…<br />

Education<br />

The Right to Education occupies a central place in Human<br />

Rights and is essential for development.<br />

Children who are educated will be more productive at home, better paid in the<br />

workplace, better able to protect themselves against HIV/AIDS and other diseases<br />

and they tend to assume a more active role in social, economic and political<br />

decision-making throughout their lives.<br />

Sarah, Age 7<br />

Without education, a mother faces<br />

difficulties in protecting her child from<br />

avoidable illness and disease. A father<br />

may unknowingly deny his child a<br />

nurturing and caring environment that<br />

has profound effects on the child’s<br />

ability to develop. A girl who is denied<br />

access to education increases her<br />

vulnerability to abuse and exploitation.<br />

A boy may lack a sense of power and<br />

hope for the future.<br />

Children are denied the right to an education due to myriad reasons. Poverty,<br />

issues of safety and security in and around school and disinterest towards subject<br />

matter are examples of why this happens. Without accelerated action to get the<br />

children into schools, global goals to improve the human condition will simply not<br />

be reached.<br />

The public and government both have active roles to<br />

play in realizing the full potential of children.<br />

Education should be free and made available to all.<br />

Improved infrastructure and training for school<br />

personnel should be conducted. The National school<br />

syllabus should be revamped to include subjects that<br />

pertain to the current issues faced by children. For<br />

example, the inclusion of Sex Education should be<br />

recognized. Parents must also play an important role,<br />

as instilling the importance of education begins at home.<br />

5<br />

Hally,<br />

Age<br />

Women’s <strong>Aid</strong> <strong>Organisation</strong> (WAO) operates a Child Care Centre (CCC) which<br />

provides education and care for children of single mothers. We subscribe to the<br />

tenets of UNICEF’s Convention on the Rights of the Child (CRC) in which all


Inroads, Quarter 1, 2006<br />

children have an unquestionable right to an education. The CRC is not limited to<br />

formal education. It also encompasses the development of the child's personality,<br />

talents and mental and physical abilities to their fullest potential.<br />

At CCC, tutorial sessions are carried out alongside programs dealing with issues<br />

such as anger, self-esteem, bullying, abuse, and personal safety. Assistance is<br />

provided in the form of remedial work for children who are unable to read and write,<br />

while the tutorial sessions guide them with their schoolwork. The programs are<br />

developed to provide the children with the vital tools to cope with the challenges<br />

they face in life.<br />

Our children deserve the right to a better lifestyle than the ones they now possess.<br />

We should defend this inherent right and also shelter them. They are the hope of<br />

our future and will soon become the leaders of our countries.<br />

Daljeen Kaur Jassal Child Social Worker<br />

Froggin’<br />

An idea initiated by volunteers turned out to be an unforgettable night for the children. The children<br />

spent the day learning about frogs and at night, viewing them in their natural habitat. At the Child<br />

Care Centre, volunteers assisted the children as they drew the life cycle of the frog and made frog<br />

origami. At night, the children took a walk in the jungle of the Forest Research Institute of Malaysia<br />

(FRIM) to view frogs.<br />

A generous donation of tickets provided the<br />

children with an opportunity to attend the Hollywood on Ice show. The show was<br />

attended by current and former residents and was held in Bukit Jalil. Audiences<br />

were entertained with classic songs from Hollywood movies. The children were<br />

mesmerized by the skating skills of the performer.


Inroads, Quarter 1, 2006<br />

people, 3 staff and 2 brilliant volunteers heading off to the sandy shores of Port Dickson for a<br />

few days of fun…. and lots of sun! After a range of “getting to know you games” (which<br />

included dancing on the bus), this great group of energetic kids were clearly ready for any<br />

activity we threw their way!<br />

So, we took them to the TNB Refinery in Port Dickson to test them on their knowledge of<br />

electricity, but they just put on their hardhats and wandered around like true professionals! The<br />

kids put up an equal challenge at the Port Dickson Police Station, as they threw so many<br />

questions at Inspector Zazali, even he was so impressed by the WAO kids that he even<br />

allowed a one off photo shoot inside, on and around the police van with handcuffs!<br />

The focus of the youth camp was to empower the kids in a range of ways and we were<br />

extremely lucky to be joined by Mr Lum Chee Seng, a psychologist who presented a session<br />

on Love, Communication and Relationships. This was truly entertaining as he had the kids<br />

brainstorming, singing, dancing, playing football with an egg and propelling each<br />

other over a piece of string tied to a tree…! The fun continued with psychologist Valerie<br />

Jacques, who had the kids engaged with her session on Sex, Love and Pregnancy. This<br />

activity was based on discussing highly important issues relating to changing emotions, sex,<br />

and safe and appropriate relationships. And….as you can imagine they were extremely<br />

interested and of course further educated!<br />

Even after all the information on careers, life, love, team building, piñata making (and<br />

smashing), bbq-ing, and games, the kids still had the energy to soak up the sun! Burying eachother<br />

in the sand on the beach (which was directly across the road) appeared to be a favourite<br />

pastime; this was an act of true bonding with old friends and newfound friends!<br />

Overall the camp was such a great success and we extend our thanks to the volunteers, the<br />

people who were so accommodating in Port Dickson, those who educated and enlightened the<br />

kids…and of course the kids themselves for being brilliant, fantastic and an absolute pleasure<br />

to spend time with!<br />

Jasmine Intern


I hope that WAO will continue to be the ever needed, approachable and respected aid<br />

center and be a leading example for other aid centers in Malaysia. And I hope to lend my<br />

support to the organisation to the best of my ability & availability!

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