The Malaysian Sharī‘ah Courts: Polygamy, Divorce and the Administration of Justice

The Malaysian Sharī‘ah Courts are integral to the administration of justice for Muslims. This can be seen especially in matters pertaining to personal laws as provided under the Malaysian Federal Constitution. However, women in particular, face various problems at the Sharī‘ah Courts when seeking to secure their rights as provided for under the Islamic Family Law Enactments. Do the provisions in the Enactments cause this situation or is it their implementation? The Shari‘ah Courts, on the other hand, have made significant improvements in their administration, and the lingering perceptions of their inefficiency and biases may be simply an overhang from when they were struggling to remake themselves. This article attempts to clarify the situation. The analyses are based on the judgments and orders of selected Shari’ah Courts in order to gain an insight into how Shari’ah judges interpret written provisions and implement the law.