Women's Property Rights

The Mufti of Terengganu, YBhg Dato' Ismail Yahya presented a speech on 'Women's Property Rights from the Fiqh Perspective'. He first touched on the issue of inheritance, by reading out the regulations from the Employers Provident Fund Regulation (EPF) 2001 form that states ‘where a Muslim member dies having made a nomination in accordance with these Regulations, the person or persons nominated shall receive the amount of standing to the credit of such deceased member as an executor or executors and not solely as a beneficiary and shall distribute such amount in accordance with the Islamic Law.’

In a question raised as to whether a Muslim can leave a will under the Muslim Islamic Law, the Mufti referred to the regulation he quoted earlier, i.e. a Muslim can leave a will. He gave an example that when a person stated that if he/she dies the property will go to a person he/she appointed, and that can be considered as a will.

Due to his vast experience and knowledge, the Mufti gave good explanations to various questions regarding the management and distribution of property. He gave clear definitions of the various terms regarding 'will' and distribution of property in the Islamic jurisprudence. He stressed the importance for women especially, to understand the term 'wisoyah' which is quite similar to 'trust funds' since it is a good means to protect their financial interests and to ensure fair distribution to male and female family members. The Mufti highlighted a very important point that all women should remember, that is they should claim joint matrimonial property upon divorce, husband's demise, and even within marriage.

He further explained on the issues of rights of a wife in divorce cases, especially if a husband refused to divorce her or if a husband does not cooperate in divorce procedures. He informed that in cases where a husband beats his wife and refused to divorce her, the woman has a right to ask for a lawyer and to get legal protection. He also advised that if a wife has been beaten, she has to immediately make a police report and go for a medical check and use it as evidence in court. He also stated that there are few ways for a wife to demand a divorce such as divorce under Ta'liq, and Faskh.

Apart form property and divorces issues, the Mufti also touched on several other issues often faced by women, such as custodial rights and maintenance. He informed that women can still claim their right for custody even though they may have waived their rights earlier due to certain conditions. He stressed that judges can use their discretion in ensuring the husbands to pay maintenance, such as sending the errant husbands to jail upon their failure to pay as directed by the court's order. He also advised women to claim for interim maintenance immediately upon divorce since their rights are stipulated in the provision.

The Mufti of Terengganu, YBhg Dato' Ismail Yahya spoke during a workshop by Sisters in Islam on 18 November 2006 concerning “Women for Women - Property Management in Marriage”. The workshop aimed at raising awareness among Muslim women on issues of child maintenance, matrimonial property, polygamy, divorce and property management in marriage. Other topics of the workshop included stipulations of the Malaysian Shariah laws, ways to their improvement, as well a session looking at the Malaysian laws in an international perspective.

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