NGO: Divorced Muslim women struggle to claim alimony, child support, other rights

New Straits Times

23-04-2025

KUALA LUMPUR: Muslim women, particularly those in the B40 or low-income group, often face various challenges following divorce, particularly when it comes to securing their rights within the Islamic legal framework.
Their ex-husbands not only neglect their responsibility to provide them maintenance but also fail to pay child support, even when ordered by the Syariah Court.
These were among the issues discussed in a forum organised by Sisters in Islam (SIS) in collaboration with Merdeka Centre and IOI Foundation, held here recently.
Titled "Financial Rights of Low-Income Muslim Women in the Islamic Family Law System in Selangor and the Federal Territory of Kuala Lumpur", the forum highlighted the findings of a study conducted by Merdeka Center, an opinion research firm.
LENGTHY LEGAL PROCESS
Among the main issues faced by B40 Muslim women following divorce are claiming alimony as well as their matrimonial property and financial rights.
Studies have found that women in this group face huge challenges in obtaining these rights through the Syariah legal system in Malaysia due to several factors, including a lack of knowledge about their entitlements after divorce and bureaucratic obstacles, as well as social pressures that hinder their ability to claim their rights in court.
Senior researcher at Merdeka Centre Nor Mariana Mohd Daud, their study – carried out in July 2024 – revealed that some of these women also experienced severe emotional distress due to financial instability, and even faced depression because they were unable to meet their financial obligations.
The study by Merdeka Centre involved 124 respondents consisting of B40 women residing in Kuala Lumpur and Selangor.
The majority of the respondents were aged between 41 and 50, while the rest were under 30. At the time the study was conducted, the respondents had gone through divorce and were single mothers.
"About 81 percent of these single mothers had a (monthly) household income of only RM1,000 to RM2,000," Nor Mariana said.
She said out of the 124 respondents, 51 percent admitted they did not file any claim in court after the divorce for several specific reasons.
"These low-income women (respondents) were aware the legal process to make a claim would take a long time, which discouraged them from pursuing their rightful entitlements. The second reason was insufficient financial resources.
"In some cases, we found that some women had to borrow money from relatives just to open a divorce file. So imagine the financial burden they would face if they were to open additional files for other claims.
"Many women we interviewed told us that even opening one claim file (in court) would cost RM50.
"For some of them, RM50 was a big amount which they could not afford, even though these women knew they were entitled to financial rights under Islamic law," she added.
She said another factor preventing some women from fighting for their rights in court was the lack of evidence.
"They never imagined, let alone intended to separate (from their husbands). As a result, while living together as husband and wife, they never kept any proof (of their misdemeanours), believing their relationship would last forever," she said.
Nor Mariana said 49 percent of respondents did proceed to file financial claims in court as a means to continue supporting themselves and their children.
CONSTRAINTS AND CHALLENGES
Many of the respondents also said they were unwilling to be burdened by the complicated process of making financial claims against their ex-husbands.
Nor Mariana said they were aware that if such claims were filed, they would have to go through a lengthy court process.
"They also faced financial constraints… their expenses exceeded their income, particularly in the case of women who were earning only RM1,000 a month.
"Even those earning RM2,000 to RM4,000 a month faced the same situation of expenses exceeding income. Their expenditure covered the basic and essential necessities which, they (respondents) must bear, especially since many divorces occurred while these women were housewives and did not have any job," she said.
She said another factor discouraging the respondents from filing claims was pressure from external parties, including their ex-husbands and in-laws.
"In fact, some of them also experienced pressure from their own families and friends, who influenced their decision not to pursue financial claims in court.
They also faced social stigma such as feelings of shame and low self-esteem.
The absence of a support system from family and friends is a major reason why many women do not follow through with asserting their rights," she said.
Meanwhile, SIS communications manager Ameena Siddiqi said the findings of the study revealed the harsh reality experienced by Muslim women after going through separation.
She said the challenges and constraints faced by low-income women must be addressed through stronger legal reforms, stricter enforcement mechanisms and support programmes that prioritise the welfare of women and their children.
"This latest study uncovers the reality for divorced Muslim women. It shows the barriers they face, which ultimately force them to live in poverty," she said.
Ameena said that with the availability of these research findings, the relevant authorities must no longer remain silent but should instead begin taking steps toward reform, including policy development and collaboration to resolve the issues.
SIS recommends that the government increase awareness of the importance of family support by implementing programmes disseminated through the media, working with local communities and fostering integration among agencies to ensure aid reaches those in need.
SIS also hopes that public dissemination of information about financial rights and maintenance claims can be improved, alongside offering newly divorced women free legal services and reducing the costs involved in preparing court documents.
– Bernama