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and society as a whole. In this context, gender equality is Prof. Dr Najibah also pointed out that Malaysian
a firmly embedded concept and serves as foundational to government has ratified a number of International
the Islamic legal tradition. And despite much confusion Conventions on gender and family related laws namely
of the concept and its scope within civilization, its full CEDAW and CRC with reservations. In the meantime
implementation will not only provide the necessary the country is considering of ratifying other treaties
measures to solve contemporary problems facing both such as ICCPR and ICESCR to complement government’s
men and women today, but also ensure a proper balance commitment towards human rights issues. She explained
that does not exceed the limits of justice. By properly that as a dualist state, for the international law to have a
understanding musawah – and desiring to apply it in a legal effect, it must be transformed to national laws by
practical manner beyond the abstract – Muslims men way of legislating new laws or amending the existing laws.
and women alike can benefit tremendously from its Despite reservations to several articles on both conventions,
incorporation and goals towards balance and progress for Malaysian government legislate laws and policies as well
the ummah. as reforming existing laws to streamline with the public
demand on gender sensitivity issues and regulate practices
affecting both man and woman. She pointed out that to
date many laws and rules have been regulated, primarily
on family related laws such as guardianship, maintenance
and matrimonial property; criminal matters on marital
rape, human trafficking, domestic violence and sexual
harassment. Despite these initiatives, streamlining Muslim
Family law to the conventions has invited considerable
discussion where the basis of the law is religious law. In
most occasions, the law contradicts to the literal equality
rule which is fundamental in international convention
such as CEDAW. For example, reservation to several
clauses in article 16 of CEDAW is based on the premise
that it contradicts religious law (Shari’ah law) that regulate
Prof. Datin Dr Raihanah pointed examples from the United family relationship for Muslims and the indication would
Nations and OIC. Many international conventions and be that the full compliance to the convention would mean
articles focus on sustainable development. In her view, a major reform to the existing family law.
gender equality is also about men, and not necessarily
solely about women. UN Resolution No 1325 is on women
participation in peace keeping. We can see more women at
the negotiation table. OIC Plan of Action is also a welcome
call discussing on the principle of gender equality. Prof.
Datin Dr Raihanah concluded that gender equality is
actually a discourse among the scholars. In order to
implement the principles of gender equality in the law,
there is a need for Muslim scholars and the feminist groups
to have discussion together because gender inequality will
never end unless these two groups sit together to resolve
the issue.

Prof. Dr Najibah Mohd. Zin, a Lecturer and Former Deputy
Dean Ahmad Ibrahim Kulliyah of Laws of the International
Islamic University of Malaysia (IIUM) was the last speaker
of the session. She stressed on the topic of “International She concluded by stressing that there is a need to change
Convention on Women’s Rights”. She said that law public understanding on CEDAW’s provisions that we
affecting women and family particularly Islamic Family reserved and to widen the scope of legal interpretation.
law has underwent major changes since its codification
in 1980s, by emulating legislative reforms in many Muslim The closing speech was presented by UIM’s Vice President,
countries and significantly incorporating some elements YBhg. Dato’ Dr Abdul Monir Yaacob. He concluded
of customary law in codified form. While retaining Islamic by expressing his gratitude to all participants for the
standard in most of the provisions, there are susbstantial attendance and support in making the program a success.
improvement to the existing legislations in responding to He also hoped that the Centre for Women Studies will
the demands by women’s rights activists in protecting the materialised by year 2017, as there will be another seminar
interests of women and children. Therefore, incorporating on women with different agenda next October.
women’s rights in legislative mode would affirm their status
within the family system as in many cases the ultimate
authority over women’s lives to remain in the hands of the
husbands, father and brothers.