The Government is addressing "grey areas" in the controversial Islamic Family Law Act, following reservations among some quarters over specific sections.

NST Online-10/2/2006

A late-night meeting at Parliament yesterday discussed the possibility of part of the Act being removed to clarify the law.

It is understood that two sections that may be removed are:

• Section 52(1), which extends the wife's right of a fasakh divorce to the husband; and,

• Section 23(9)(b), which originally stated that a proposed marriage must be "just and necessary" and was amended to "just or necessary", may now read "just".

(The earlier phrases were said to make it easier for men to practise polygamy.)

Sources said the merits of retaining Section 107A, which implies that a husband can get a court order to stop his wife from disposing of her property, may also be clarified.

Attorney-General Tan Sri Abdul Gani Patail, who chaired the meeting, told reporters today that clashes of opinion had resulted in a need to clarify "certain grey areas" in the Act.

"We must make sure that these things are clarified so that there are no more disputes," he told a Press conference.

Asked whether the Act had been approved by Parliament for the specific purpose of amending it soon after, he said there had been a Cabinet decision to address the matter soon after it had been approved by the Dewan Rakyat and Dewan Negara.

Women's groups took issue with Section 52(1) which gave a husband the right to a fasakh divorce (general right to claim divorce), which used to be the prerogative of the wife.

This prerogative was extended to the husband, in addition to his existing right to pronounce the talaq.

Women, Family and Community Development Minister Datuk Seri Shahrizat Jalil, who was also present, said the problem with some sections of the Act lay in their interpretation as different parties deciphered the law differently.

Most questions, she said, were raised on issues of maintenance (nafkah) and of husbands who could not get permission to take another wife in one State seeking permission in another.

"If there is a grey area, let's look at it. I don't like it when any party undermines the purity of the Syariah law in this country," she said, stressing that the Islamic Family Law was Syariah-compliant.

"I felt very sad (that) the minds of the women in Malaysia have been poisoned into thinking that this piece of legislation is going to rob them of their money, property, dignity and rights."