‘wali Raja’20 in the case of individuals who had embraced Islam
or were born outside of marriage. It was proposed that such a
method be extended to prisons to assist cases such as women
prisoners who were abandoned by their husbands;
iii) With regard to the negative publicity resulting from the negative
portrayal of the Syariah Court by the media, for example in
sentencing women for contempt of court, the participants
suggested that the media should perform their duties in presenting
and reporting on issues sensibly and not in a sensational manner as
it would influence the public’s perception;
iv) It was suggested that the Government undertake reasonable
action to improve and empower the Syariah Courts. The
improvements should cover all aspects including jurisdiction,
manpower, as well as facilities;
v) Pertaining to the issue of inheritance of properties, it was pointed
out by the participants that Islamic Law (faraid) is the best solution.
However, in reality, the implementation of faraid was not done in
accordance with strict Islamic teachings, which eventually led to
the discrimination against women.
With regard to polygamy, it was proposed that the Government
establish an effective mechanism to ensure and guarantee that the
rights of wives and children are protected in instances where the
husband practises polygamy;
i)
ii) With regard to the right to education, such a right is not limited to
the development of schools or placement of schools in hospitals
and prisons; it covers a broader aspect especially in respect of
access to schools. Schools should be built with disabled friendly
facilities;
iii) In response to the issue of conflicts between the Child Act 2001
and the State Enactments, it was pointed out that amendments
and adjustments could be made. State Enactments could adopt
any applicable provisions in the Child Act which would strengthen
the enforcement of the Enactments; and
CHAPTER 1
It was suggested that all relevant parties consider and review
all aspects of the law including the procedures, support system,
as well as source of expertise in ensuring that all rights could be
enjoyed equally by all parties;
20 Section 2(1) of the Islamic Family Law (Federal Territory) Act 1984 defines ‘wali Raja’ as a ‘wali’ authorised by the Yang di-Pertuan
Agong in the case of Federal Territory, Melaka, Pulau Pinang, and Sarawak or by the Ruler in the case of any other States to give
away in marriage a woman who has no ‘wali’ from ‘nasab’.
42 SUHAKAM ANNUAL REPORT 2016
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