SUHAKAM’s REPORT TO THE UNITED NATIONS COMMITTEE ON
ELIMINATION OF DISCRIMINATION AGAINST WOMEN
(v)
According to a response from the Deputy Minister Women, Family and Community
Development (MWFCD),31 the Government has allocated RM200,000 for any ministry or
department that wishes to set up nursery facilities in their premises. Civil servants earning
below RM3,000 monthly are also entitled to RM180 in subsidies to send their children to the
nurseries. In the National Budget 2014, the Government has expanded the RM180 subsidy to
civil servants earning below RM5,000. The Government has since 1994 introduced a 10-year tax
exemption for private sectors on expenditures to construct or purchase a building for a nursery.
(vi)
In addition, the MWFCD has also created an online portal called “eZi2Care” for those interested
in attending basic courses on childcare. This will prepare the caregiver with necessary
knowledge on ways how to handle children in the proper manner. However, this course was
terminated in January 2013.
(vii)
MWFCD through “eZi2Care” also provides basic courses on childcare centres for those wishing
to establish one. The establishment of day care centres will offer support services for working
mothers. However, the Commission would like to highlight the lack of day-care centres for
children, in particular those with disabilities, at the workplace.
3.9.3
THE CONFLICT BETWEEN SYARIAH AND CIVIL LAW IN RELATION TO MARRIAGE
(i)
Under the Malaysian judicial system, the affairs of Muslims and non-Muslim families are
governed by different sets of family laws. Non-Muslim marriages are governed by the Law
Reform (Marriage and Divorce) Act 1976, under the jurisdiction of civil High Courts. Muslims, on
the other hand, are governed by the Islamic law Enactments of the respective States, under
jurisdiction of the Syariah Courts. In cases where one of the spouses converts to Islam, a conflict
of law situation may arise leading to jurisdictional issues in relation to family disputes, such as
those relating to the custody and guardianship of children, maintenance for the wife and the
children, and distribution of matrimonial assets. The latest case of a custody battle between a
31
See The Sun, 26 March 2012, http://www.thesundaily.my/news/331876.
16