Laws to protect women’s rights exist but why aren’t they working?

2026-03-08 - 02:54

From Ameena Siddiqi A Malaysian woman recently appeared to suffer a breakdown during a live stream on social media. Days later, it was revealed that she was receiving treatment in hospital. Behind the episode was a long struggle to secure maintenance payments from her former husband, despite repeated attempts through the courts. Her story resonated widely online. Many women responded with recognition, because for them, the challenge is not whether rights exist in law but whether those rights can actually be realised. This gap between legal protections and lived realities lies at the heart of many issues affecting women in Malaysia today, whether in the home, courts or public life. It is also the question we should confront this International Women’s Day. Malaysia has taken several steps in recent years to advance women’s welfare. The Anti-Sexual Harassment Act is now fully operational with the establishment of the Anti-Sexual Harassment Tribunal. Parliament also amended the Federal Constitution in 2024 to provide citizenship to children born overseas to Malaysian mothers with foreign spouses. Budget allocations and economic initiatives have also aimed to strengthen women’s workforce participation and support women-led businesses. These developments are important, but they also raise a deeper question: why do many Malaysian women still struggle to access these protections? Malaysia does not lack laws addressing issues that affect women’s lives. Domestic violence legislation exists. Islamic family law recognises a father’s obligation to financially support his children after divorce. Yet for many women, the gap between legal protections and lived reality remains. From violence and financial security to marriage and political representation, legal rights often fail to translate into actual protection. Violence is not a private matter Domestic violence remains one of Malaysia’s most persistent crises. Too often it is treated as a private family matter until it escalates into tragedy. Police statistics show that by mid-2025, Malaysia recorded 3,768 domestic violence reports, about 73% involving women. It was revealed in Parliament recently that an average of five rape cases were reported daily between 2015 and 2025. These figures likely capture only a fraction of the real scale of abuse. Many survivors remain silent because of stigma, fear or a lack of confidence that institutions will protect them. Even more troubling is the number of women killed within contexts of intimate partner violence. When women are killed by partners or former partners, these cases are often described as domestic disputes. They should be recognised for what they are: femicide. Femicide is rarely sudden. It is often the final stage of a pattern that includes threats, coercion, financial control and missed opportunities for intervention. Violence against women is not simply a private tragedy. It is a systemic issue, and systems must ultimately be judged by how well they protect those most at risk. Economic abuse and divorce Violence does not always leave visible injuries. One of the least recognised forms of abuse in Malaysia is economic abuse. Financial control, denial of resources and refusal to fulfil financial obligations can trap women in cycles of dependency long after relationships break down. The story that circulated online about a woman driven to breakdown while pursuing maintenance payments illustrates how devastating these situations can become. Across Malaysia, women pursue maintenance payments that the law already says their children are entitled to receive. Under Islamic family law, a father’s obligation to provide for his children does not disappear after divorce. Yet the lived reality for many women is very different. Maintenance orders can take years to enforce. Mothers often carry the full financial burden of raising children while navigating lengthy legal processes. When economic harm becomes invisible, legal rights become conditional rather than enforceable. Without financial security, justice exists only on paper. Reforming the shariah system In Malaysia, criticism of shariah institutions is often framed as opposition to religion. This false binary prevents meaningful reform. Islamic law itself emphasises justice, accountability and protection from harm. Yet experiences from legal aid providers and research, including findings from SIS Forum (Malaysia), point to recurring systemic challenges. Procedural complexity. Prolonged delays. Financial strain on litigants. Women seeking maintenance or divorce frequently face legal processes that stretch over years. Some eventually abandon legitimate claims because the process becomes exhausting rather than protective. Children remain without financial support while cases drag on. Critiquing institutional shortcomings does not undermine religion. On the contrary, it reflects the ethical principles that Islamic law seeks to uphold. Justice must ultimately be measured by outcomes. Child marriage and political will Few issues illustrate the gap between law and protection more clearly than child marriage. Malaysia’s legal framework still allows marriage below 18 under certain circumstances. Muslim girls may marry at 16 or younger with shariah court approval, while non-Muslim girls require government permission if they marry between 16 and 18. Recent parliamentary data shows the practice continues. The women, family and community development ministry reported 923 child marriages involving individuals below 18 in 2023, rising to 1,361 cases in 2024. What is clear is that child marriage overwhelmingly affects girls. Malaysia does not lack research on the harms associated with early marriage. Nor does it lack religious scholarship supporting reforms that prioritise the wellbeing of children. What remains missing is political will. Women must sit at the table Malaysia also continues to struggle with women’s political representation. In the current Parliament, women hold 28 of 222 seats, or about 13.5% of MPs. This falls far short of the 30% benchmark widely recognised as necessary for meaningful participation. This is a structural problem. Political institutions remain shaped by entrenched networks and power structures that make entry difficult for women. Representation matters because policy outcomes change when lived experiences shape decision making. Without women present at the table, gendered realities often remain invisible. Beyond symbolic commitments Malaysia already has the laws, research and religious scholarship needed to move forward. What remains missing is consistent implementation and the political courage to ensure those laws actually work. Both the Federal Constitution and Islam’s ethical framework emphasise justice, dignity and protection from harm. When women continue to encounter barriers that undermine these principles, reform becomes more than a policy preference. It becomes a constitutional and moral obligation. Women are not asking for special treatment. They are asking for the rights the law already promises. Ameena Siddiqi is the communications manager at SIS Forum (Malaysia) The views expressed are those of the writer and do not necessarily reflect those of FMT.