Belfast Telegraph

Saturday 25 October 2014

Female judges for Shariah courts

Female judges are to begin sitting in Shariah courts in Malaysia

Malaysia's first women Islamic court judges will both be up and running in their new roles later this week after Shariah legal authorities empowered them with the same authority as their male colleagues, an official said.

The two female judges were appointed in May to combat perceptions that Islamic courts unfairly favour men. But one senior judge said Shariah law provisions barred the women from presiding over cases involving divorce and matters involving morality crimes, such as drinking and gambling.

However, a panel of top Malaysian Islamic judges subsequently decided the two women would have the same jurisdiction as male judges "in light of Shariah principles" to uphold justice, said Mohamad Na'im Mokhtar, an official in Malaysia's government-run department for the Islamic judiciary.

"Whatever powers are provided to the male judges... the same applies to these two women judges," Mohamad Na'im said, adding that the authorities hoped to appoint more female judges in the near future.

Judge Surayah Ramlee, 31, will start hearing cases on Thursday in a court in Putrajaya, Malaysia's administrative capital, Mohamad Na'im said. Her first is expected to be an application for documents to claim an inheritance.

The other judge, Rafidah Abdul Razak, 39, began hearing inheritance and family law cases last week.

Both judges have stressed they hope to ensure fairness for everyone, not based simply on gender.

Malaysia has a two-tier court system. Secular courts handle most criminal and civil cases, but on some issues, such as family disputes and so-called morality crimes, Muslims are subject to Shariah courts instead.

Muslims make up nearly two-thirds of the country's 28 million people, while the rest of the population are mainly Buddhists, Christians and Hindus.

Women judges are common in Malaysia's secular courts but in the Shariah courts, some Muslim women claim the dominance of male judges causes them to suffer regular discrimination.

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