 Carriers of religion- traders and missionaries (sufis)  Syncretic with local belief and customary laws (adat)  Malay rulers patron of pro status quo traditional religious elite  Survival of feudal social structure, customs and laws  Religious education dominated by theological studies and discourse

 Introduction of English law  Recognition of customary laws (indigenous and migrants) including Muslim personal laws  Administration of Muslim laws  Role of traditional rulers as guardian of Islam and Malay custom  Continued dominance of the traditional religious elite and suppression of Muslim reform ideas in early 20 th century.  Religious schools continue to be under the charge of traditional religious elite.

 Both Malaysia and Singapore became independent secular states  Abolishment of customary laws except for Muslim personal laws  Preservation of cultural and religious laws of Malays as indigenous people  Enactment of Islamic family laws and Islamic religious council  Dual system of laws and courts

 Muslims as citizens of the state and also as legal entity bound by Muslim laws  Islamic resurgence and its impact of Islamic laws in Malaysia and Singapore  Malaysia expand the Islamic laws which include criminal laws.  Exclusion of Muslims from certain statutory laws in Singapore

 A minority community -15% of the population  Religious affairs are managed by an Islamic religious council under a charge of cabinet minister  Administration of Muslim laws is legislated by parliament  Administration of Muslim Law Act (AMLA

 Administrative laws rather than substantive  Created room for legal thought  Early efforts at reform with regard to rights of women to marriage, divorce and regulating polygamy and ancillary matters (maintenance, mutaah, custody, matrimonial property)  Mediation and arbitration.  Concurrent jurisdiction with civil courts

 Limited rights of women to divorce  Unrestricted rights of men to divorce  Maintenance of women and mutaah upon divorce.  Wills and Inheritance  Administration of custody  Muslim, non-muslim marriages  Faraid vis-à-vis rights under civil law  Rights to opt-out of Muslim law  The role of dominant traditional religious elite (judges and fatwa committee) in the selection and application of substantive laws 

 The unquestioned assumption that Islamic family law as a whole is absolute, immutable and binding  The belief that the laws as interpreted by legal scholars of the past are complete, final and infallible  Need to be bound by the letter of the law at the expense of its underlying spirit or intent  Reasoning marked by non-distinction between law as a product of a particular historical epoch and the eternal values and moral principles underlying it.

 Tendency to remain confined within narrow limits of specific legal authorities despite the availability of various legal opinions and rulings on the subject  A general lack of concern with the effects of the law  Disinterest in the relevance of reform ideas or need to improve existing legal opinions  Inertia in the application of reason

 UN Rights document adopted by General Assembly in 1979 and came into force in 1981  Overriding goals is to eradicate gender discrimination in private and public spheres  Compels signatory states to undertake measures to achieve equality  Universal principles which take into account cultural diversity.  Reservation to article 2 and 16 mainly from Muslim countries on ground these articles are incongruent with Shariah.  Singapore reservation is advised by its Muslim Religious Council and on the ground to protect the right of minority to practice their personal and religious laws

States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:  (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;  (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

 In the context of Singapore's multi-racial and multi-religious society and the need to respect the freedom of minorities to practice their religious and personal laws, the Republic of Singapore reserves the right not to apply the provisions of articles 2 and 16 where compliance with these provisions would be contrary to their religious or personal laws.

 (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;  (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

 (e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;  (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;  (g) To repeal all national penal provisions which constitute discrimination against women.

 1.States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:  (a) The same right to enter into marriage;  (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

 (c) The same rights and responsibilities during marriage and at its dissolution;  (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

 (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;  (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

 (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;  (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

 2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

 Reasons for reservations presumed that Muslim laws under AMLA are incompatible with the two fundamental articles in CEDAW ◦ Polygamy ◦ Inheitance ◦ Rights to divorce ◦ Right to marriage  Women rights NGOs agree with the above  Assumed that that all Muslims agree with the above  No alternative discourse

 Interpretation of equality and right of women in polygamous marriages.  Reform already in place with regard to rights o women to enter into marriage.  Room for reform on rights of women to divorce in Islam  Room for reform in inheritance within Islamic values and principles  Acceptance of Cedaw will promote reform efforts

 Need for provision for Muslims as citizens to be given the right to be governed by common civil laws.  Reservation based on minority rights may stifle reform efforts and limit the rights of Muslims and citizens of the states to access common civil laws  Non recognition of plurality of legal opinion amongst Muslims with regard to their personal laws. This breaches the personal rights of Muslims to practice his religion in secular state.  The reasoning for the protection of minority rights suppressed national discourse on the issues on Muslim laws.