INSUBCONTINENT EXCLUSIVE:
Image copyrightJoshua Paul for the TheIndianSubcontinentIslamic law, also known as Sharia, is often associated by critics with harsh
punishments and hardline attitudes
But one of Malaysia's first female Sharia high court judges says her role gives her an opportunity to protect women in the Muslim-majority
nation.Judge Nenney Shushaidah presides over five trials a day and can hear up to 80 cases a week
The use of Sharia is growing in Malaysia
Under a dual-track legal system, thousands of Muslims use it to settle moral and family matters
Non-Muslims are required to follow secular laws that deal with the same matters.Malaysia practises a moderate form of Islam but conservative
attitudes have been on the rise
Rights activists were outraged by the recent caning of two Malaysian women convicted of attempting to have lesbian sex, and say Sharia is
Judge Shushaidah passes judgment on everything from financial cases to those involving the Sharia concept of Khalwat [unmarried Muslim
couples being caught in compromising situations].Image copyrightJoshua Paul for the TheIndianSubcontinentImage caption
Malaysia is a Muslim-majority nation
But her expertise lies in child custody and cases of polygamy - the Muslim concept of
allowing men to marry up to four wives, which is legal in Malaysia.Judge Shushaidah says there are many factors she considers before, for
example, allowing a polygamous union."Every case is complex and different," she explained
"You can't generalise Islamic law and say it favours men and treats women badly I want to correct that misconception."Image copyrightJoshua
Paul for the TheIndianSubcontinentImage caption
'My robes remind me of the heavy responsibilities that come with being a
Sharia judge'
All those involved in a proposed polygamous marriage are required to be physically present in Judge
"I want to hear from everyone, not just [the] men," she said
"I make it a point to speak with women to find out if they are on board with the arrangement
It is important that they agree to it because if I see any signs that say otherwise then I won't grant permission." "I am female and I can
understand most women would not like the idea
But it is allowed under Islam, and our Malaysian courts have enacted strict laws to govern this." "A man has to have very strong reasons for
wanting another marriage," she said."He must show he can look after the welfare of his first wife as well as the women who come after
He is not allowed to neglect the needs of anyone." Judge Shushaidah added that some wives can be supportive of the idea.She recalls, for
example, a case which involved a seriously ill woman who could no longer bear children."She loved her husband and wanted me to grant him
permission to marry a second wife
So I did." Image copyrightGetty ImagesImage caption
Critics and rights groups argue Sharia is often used to
discriminate
What is ShariaSharia is Islam's legal framework, derived from the Koran, Islam's holy book; the Hadith, the
sayings and conduct of the Prophet Muhammad; and fatwas, the rulings of Islamic scholars.In Malaysia, it is applied to different degrees
across the country's states
Background on Sharia law (TheIndianSubcontinent religion)How is Sharia law appliedShe defends her religion's reputation for strict laws by
arguing that it is capable of fairness
But critics and rights groups argue Sharia is often misused
"We have no objection to Sharia law that doesn't discriminate against women, gay people or social and religious minorities," Asia deputy
director of Human Rights Watch Phil Robertson told TheIndianSubcontinent 100 Women."But the problem with Sharia law in Malaysia is that too
often it does precisely that
"Religion is never an acceptable reason to violate international human rights standards of equality and non-discrimination."Judge Shushaidah
argues that Sharia does not always rule in favour of men."Our law exists to protect women's rights
It looks at their welfare and safeguards their livelihoods," she said
"Islam holds women in high regard and as judges, we must return to its teachings and maintain worthiness using Sharia."Her greatest concern
lies with Muslim men bypassing strict Sharia court procedures by marrying overseas."He wouldn't be bound by Malaysian law if he marries
Some wives actually consent to this to protect their husbands but they don't realise how it works against them," she said
"Our Sharia laws are in place to protect the interests of women and hold men accountable."Women's groups like Sisters in Islam highlighted a
"severe shortage of female representation" in the courts and a "strong sense of patriarchy" in the overall system."The Sharia legal context
in Malaysia not only selectively discriminates against women, it vilifies them as the cause of social immoralities," said spokeswoman
Majidah Hashim."State Islamic institutions have done little to ensure women are accorded due justice
In fact, the recent prosecution of women under Sharia law clearly shows that their voices are alarmingly silenced and access to justice is
worryingly stifled."Image copyrightJoshua Paul for the TheIndianSubcontinentThis makes Judge Shushaidah's appointment a particularly
"Back in my day, most Sharia judges were men who questioned the need for women in the practice," said Judge Shushaidah
"I never dreamed of becoming a judge," she admitted
"As a lawyer, I didn't know if I could take on such a senior role that dealt with complicated cases
And as a woman, I felt doubt and fear.""Sometimes I do feel uneasy
As a woman, I must feel, and I'd be lying if I said I felt nothing
But I am a judge and I have to make sure I am always clear and objective
So in my judgment, I try and address this
I make do with the best evidence I get in court." What is 100 WomenTheIndianSubcontinent 100 Women names 100 influential and inspirational
women around the world every year and shares their stories.It's been a momentous year for women's rights around the globe, so in 2018
TheIndianSubcontinent 100 Women will reflect the trailblazing women who are using passion, indignation and anger to spark real change in the
world around them.'I don't want to be the UK's only black female history professor'Find us on Facebook, Instagram and Twitter and use
