Publication: Access To Justice: Woivien'S Experiences In Penang Syariah Courts
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Date
2024-04
Authors
Shariza, Kamarudin
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Abstract
This study explores and analyses the experiences of women in syariah courts in penang within the scope of the latest amendment in 2004 of the penang islamic family enactment (ifle 2004). It attempts to examine and identify women's capacities to seek remedies and the capacity of the syariah courts in penang to provide judicial remedies in a manner that is consistent wi th the rights of women's to access justice. At the same time, the study draws the connection of the findings to the content of the ifle 2004 to further assess the prescription of justice for women in the muslim courts, the study uses a qualitative method: in-depth one-to-one interviews were conducted with thirty (30) identified respondents (through snowballing technique) who have experienced being litigants in the penang syariah court from 2004 to 2011. The study analyses the experiences of the women by adopting the united nations development programme (undp) access to justice framework, which defines access to justice within a matrix of three items: nonnative protection (existence of remedies), capacity to seek remedies (legal empowerment), and capacity to provide remedies (institutions). This study finds that although there exists nonnative protection for muslim women in ifle, provisions related to polygamy and talaq divorces are a constant source of injustice and distress for women and it stems from the inadequacy in the substantive law (as provided in the ifle), which uses gender biased and gender neutral language.
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Access To Justice: Woivien'S Experiences In Penang Syariah Courts