[OPINION] Unfinished business: why Malaysia's women are still waiting for equality

EVERY year, International Women’s Day rolls around with its usual mix of celebratory hashtags and corporate platitudes. And while Malaysia has seen its share of breakthroughs—like the historic appointment of Tun Tengku Maimun binti Tuan Mat as the nation’s first female Chief Justice—the reality for most women remains a gruelling fight for basic rights. Deep-rooted gender inequality and institutional biases still cast a long shadow over any progress made. The glass ceiling may have cracks, but it’s far from shattered.

Mirage of Progress

Yes, Malaysian women outnumber men in universities—a promising statistic that looks great on paper. But the pipeline from academia to leadership is clogged with systemic discrimination. The numbers tell the story: female representation in Parliament has dropped to 13.57% in 2022 from 14.43% in 2018—a far cry from the global average of 25.5%. The much-touted 30% quota for female political representation remains an elusive goal, more slogan than strategy.

It doesn’t end there. A 2019 survey titled "Perceptions and Realities: The Public and Personal Rights of Muslim Women in Malaysia" by Sisters in Islam (SIS) found that 74% of respondents believe women face institutionalized discrimination, while 63% pointed to religious authorities disproportionately policing women’s behaviour. Men’s infractions, of course, go largely unchecked. It’s a two-tier system that shields patriarchy behind a facade of piety.

Even legal reforms that seemed like steps forward have turned out to be a sleight of hand. The recent amendment allowing Malaysian mothers to pass citizenship to their overseas-born children came with a catch: the revocation of automatic citizenship for children born in Malaysia to permanent residents. Meanwhile, foreign wives of Malaysian men risk losing their citizenship if they divorce within two years. These policies aren’t about protecting sovereignty—they’re about keeping women dependent.

Unspoken Pandemic: Domestic Violence

If you think domestic violence is a “private issue,” think again. Reported cases soared from 5,260 in 2020 to 7,468 in 2021. They dipped slightly in 2022 and 2023 but spiked again in 2024 to 7,116. And these are just the cases we know about. For every woman who reports abuse, countless others remain silent— trapped by fear, stigma, and a justice system that often sides with the abuser.

Police are reluctant to intervene, shelters are underfunded, and the legal process is a nightmare maze. Protection orders are delayed, court cases drag on for years, and by the end of it all, many women wonder if it was even worth it. Justice delayed is justice denied—no matter how you spin it.

The Office Isn’t Any Better

The gender pay gap stands at a staggering 21%—and that’s if you’re lucky enough to be hired in the first place. Gender biases in hiring and promotions are as common as office coffee. In government buildings, women face dress codes that have less to do with professionalism and more to do with control.

The recent comments by the Penang Mufti questioning women’s participation in team-building activities reveal a deeper bias: women’s roles in society should be confined and secondary. This mindset extends to sports, too. Since 2019, Terengganu has banned female gymnasts, and Muslim female divers were recently barred from competing in the Malaysian Games (Sukma) due to their attire. This isn’t about morality—it’s about control.

Divorce: Freedom Denied

He just needs three words;

Prove the pain, the scars, each grievance in kind

This verse sums up the inequities in Malaysia’s Islamic Family Laws. While men can utter talaq thrice and walk away, women must endure a bureaucratic marathon to secure fasakh—proving every scar, every betrayal, in exhaustive detail. A 2024 study by Sisters in Islam found that a significant number of Muslim women in the B40 community believe that these laws overwhelmingly favour men, with over half reporting difficulties in securing maintenance or child support post-divorce.

This isn’t justice. It’s a system designed to exhaust women into compliance, trapping them in toxic marriages or long-winded legal battles.

Morality Policing: Control by Another Name

Religious policing has become a blunt instrument to enforce patriarchal norms. The public caning of a Malaysian man in Terengganu in December 2024 for khalwat (close proximity with a non-mahram) was a stark warning to all: morality laws are on the rise. And let’s be honest—they disproportionately target women.

These laws don’t safeguard public morality; they weaponize it. They justify surveillance, codify gender-based discrimination, and strip women of their autonomy—all while claiming to uphold religious values.

Dark Reality: Child Marriage

Despite claims of progress, child marriage remains a grim reality in Malaysia, with Muslim girls as young as 16—or even younger with Syariah court approval—being married off, often to older men. According to the Department of Statistics Malaysia, 1,124 child marriages were recorded in 2020, down from 1,856 in 2018. From 2022 to 2024, nearly 900 child marriages were registered under Syariah courts, with the highest numbers in Kelantan, Selangor, and Kedah.

These marriages, often justified as “protection” or poverty relief, in truth deny girls their rights to education, health, and a future of their choosing. A 2018 report by Sisters in Islam (SIS) and ARROW highlighted out-of-wedlock pregnancies as a major factor driving child marriages. While some states, like Selangor, have made progress, the issue persists nationwide. Efforts to ban child marriage have been stalled by claims that it would violate religious and cultural norms.

Datuk Seri Nancy Shukri, Minister of Women, Family, and Community Development, acknowledged the complexity of the issue due to state jurisdiction. She also revealed, in 2024, that 44,263 teenage pregnancies were recorded over the past five years, with 17,646 involving unmarried teens. In Sarawak, 9,258 cases were reported between 2019 and 2023, partly due to customary laws permitting child marriages.

The persistence of child marriage not only reflects a failure to protect Malaysia’s girls but also exposes the urgent need for comprehensive federal action to end this practice once and for all.

Blueprint for Real Change

Malaysia needs more than token gestures and empty promises. It’s time for a comprehensive strategy to dismantle gender inequality. Here’s what needs to happen:

1. Reform Islamic Family Law: Ensure women have equal rights in marriage, divorce, and child custody cases. Simplify the fasakh process and eliminate the gender bias in Syariah courts.

2. Strengthen Domestic Violence Protections: Expand legal definitions of domestic abuse to include psychological and financial control. Increase funding for shelters and streamline protection orders.

3. Enforce Equal Pay and Workplace Equality: Implement and monitor equal pay laws and enforce gender diversity quotas in leadership positions across all sectors.

4. End Moral Policing: Repeal laws that disproportionately target women and codify patriarchy under the guise of religious morality.

5. Hit the 30% Quota—For Real: Enforce the 30% quota for female political representation to ensure women’s voices aren’t just heard but acted upon.

No More Compromises

Malaysia’s aspirations of modernity ring hollow as long as half its population is held back by outdated laws and mindsets. Women’s rights cannot be relegated to the sidelines in political negotiations or brushed off as cultural sensitivities. The time for incremental change is over.

If Malaysia truly wants to move forward, it must take a decisive stand for gender equality. Anything less is an unacceptable compromise.

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Ameena Siddiqui is the Communications Manager at Sisters in Islam (SIS). With a strong background in publishing, media, and communications, she plays a pivotal role in advancing SIS’s mission to promote women’s rights within the Islamic framework in Malaysia. Her work is driven by a commitment to amplifying voices, fostering dialogue, and advocating for meaningful change

** The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the position of Astro AWANI.

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