iii.
Application of Islamic or Syariah Law
The Committee highlighted that in its previous concluding observations
for Malaysia, it had encouraged the Malaysian government to take steps
to increase support for law reform, one of which was through partnerships
and collaboration with Islamic community leaders. In relation to that,
the Committee enquired as to whether any efforts had been made by
the government on this matter. Secondly, the Committee sought further
clarifications on the application of Syariah Law in Malaysia.
The Commission explained that in Malaysia, Islamic law is a state matter
governed by each state, so there is a need for harmonisation among the
states as the current application of Syariah law differs from one state to
another. There is also conflict with the civil law on certain matters such as
custody of children and unilateral conversion of children to Islam. At the
moment, the reservations placed on Article 16 of CEDAW were partly due
to the conflicts with Syariah Law as the government has consistently used
the inconsistency with Islamic law as one of the factors in their reservations
on international human rights treaties.
The CEDAW Committee highlighted to the Commission that many countries
which have incorporated Syariah Law into their legal system have moved
forward with modern interpretations and applications. Therefore, it
encouraged the Commission to consider the Beirut Declaration and its
18 commitments on Faith for Rights which have the objective of fostering
development of peaceful societies and upholding human dignity and equality
for all where diversity is not just tolerated but fully respected and celebrated.
S U H A K A M A N N U A L R EPOR T 2017
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On the issue of anti-corruption, the Malaysian Anti-Corruption Commission
(MACC) was tasked with looking into corruption. Although there is
specific anti-corruption legislation, the main issue has always been about
enforcement. Furthermore, the Whistleblower Protection Act 2010 contains
many gaps and does not provide adequate protection for whistleblowers.
C H A P T E R
The Commission highlighted that its budget was cut by 45% in 2016. This has
had major consequences for SUHAKAM in upholding its mandate as it was
unable to conduct a lot of advocacy and promotional campaigns relating
to various matters including CEDAW and also to investigate a wider range
of issues pertaining to women’s rights in Malaysia.