1. BY MOHD ZARIZI MOHD SAUFFI

2.  Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non- spousal violence and violence related to exploitation;  Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution;  Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.” Sources: UN Declaration on Violence Against Women, 1992, CEDAW, Recommendation No 19, 1993 Beijing Platform for Action 1995

4.  VAW is current in most culture however it often goes unrecognized, acknowledged as part of the order of things. In order to the extent of this problem from scientifically sound studies is still relatively scant. Yet, VAW has been documents for all countries and socioeconomic environments, and available evidence suggests that it is much more far- reaching than was previously believed.

5.  Currently, we found that violence against women is a big issue cut cross the countries, culture, religions and norms all over the world. According to the World Health Organization (WHO), violence can be defines as “intentional use of physical force or power, threaten or actual against one self, another person, or against a group or community, that either result in or has a high likelihood of resulting in injury, death, psychological harm, mal-development or derivation” (WHO, 2002, p.5). On the other hand VAW also can be defines as any act of gender based violence that result in.or is likely to result in, physical,sexual or psychological harm or suffering to women, including threats of such acts coercion or arbitrary deprivation of liberty, whether occurring in public or private life.

6.  In the same report, violent act can be physical, sexual, psychological and involving deprivation or neglect (WHO, 2002). Apart from that, according to Krug et al (2002), he mentioned in his research, in general, those people aged between 15-44 years old among the leading causes of death globally due to the violence.

7.  We know that, yet as violence against women in Malaysia is a difficult issue to precisely gauge, it is clear that it is a stern dilemma and there are a rising number of reports of violence against women. Yet, Malaysia is starting to be aware of this issue on violence against women the extent of the government’s enthusiasm to alert the judiciary, the police, the religions group, medical group and the public on this issue is still awfully inadequate.

8.  Emotional Abuse   name-calling   jealousy   stalking  Verbal Abuse   yelling or screaming   swearing   constant put downs and  criticism  Cultural Abuse   using culture to excuse  abusive behaviour   threatening deportation   preventing cultural practices  Physical / Threat of Physical  Abuse   driving dangerously   restraining   throwing things   destroying valued  possessions or pets  Mental / Intellectual Abuse   silent treatment   threatening and claiming  he’s “just joking”   comparing partner to other  lovers  Sexual Abuse   having an affair   forced sex   using pornography

11.  Malaysia ratified CEDAW in June 2005. From the CEDAW documents, Malaysia has reservations to article:  5b: Modifying cultural patterns of conduct that may constitute discriminations  7b: Equality in holding public office- Malaysia mentions the position of Syariah judges  9: Equality in matters of nationality  16a: Equal right to enter into marriage  16c: Equality during marriage and at its dissolution  16f: Equal guardianship rights  16g: Equal to right to choose a family name and professional

12.  As stated in the Beijing Declaration on Women’s health: `Women have the right to the enjoyment of the highest standards of physical and mental health. The enjoyment of this right is vital to their ability to participate in all areas of public and private life. Women’s health involves their emotional, social and physical well-being and is determined by the social, political and economic context of their lives, as well as by biology.’(Fourth Conference on Women, Beijing, 1995).

13.  MARRIAGE (Syariah Law)  The administration of marriage for the Muslims is handled by the respective Religious  Affairs Department under the State Governments, the Penang state is governed by the  Enactment of the Islamic Family Laws (Pulau Pinang) 1985. Marriages in Islam is guided by the Syariah Laws.

14.  Requirements for Marriage  1. The man and woman must be at least 18 years old;  2. There must be full consent and acceptance from both male and female to the  marriage;  3. Males and females who are above 18 but below 21 years of age must obtain  consent from their parents; and  4. Females who are above 16 years but below 18 years must get special permission  in writing from the Syariah judge.  5. There must be 2 witnesses to the marriage;  6. There must be a marriage gift given by the male to the female.  Prohibited Relationship  Marriages between certain prohibited close family relationships, including grandparents,  parents, children, grandchildren and siblings, etc are prohibited.

15.  Procedures for Marriage  1. Obtain the marriage application forms from the District Religious office  2. The marriage application form must be certified by two officials from the mosque  together with the official stamp for confirmation of the applicants status.  3. The application form together with your relevant documents must be signed and  stamped by the Assistant Registrar marriages of the respective zones.  4. The signed and stamped application form together with a fee of RM5.00 must be  then submitted to the District Religious office in order to register for a marriage  permit. (Application forms can be sent 90 days in advance or 7 days before the  solemnisation)  5. The applicants will then receive a Marriage permit from the District religious  office after 7 working days of submission which must then be submitted to the  Assistant Registrar marriages of the respective zones.

16.  6. The solemnisation will then be conducted in accordance with the date and venue  that had been agreed upon by the applicants.  7. After the solemnisation of the marriage the groom is requested to read the taqlik  and sign the Particulars of Marriage letter and make payment of RM20.00 for the 2 witnesses and RM100.00 to the Assistant Registrar.  8. The groom is then issued with the Particulars of the marriage letter and he is  required to register the marriage with the relevant District Religious Office, the  marriage must be registered within 14 days after the date of the wedding.  9. The applicant then receives the Marriage Certificate from the District Religious  Office after 7 working days from the date of registration.

17. Marriage Abroad & Foreign Marriages  Solemnisation of marriages abroad in Malaysian Embassies, etc  A marriage may be solemnised by an appointed Registrar at the Malaysian Embassy,  High Commission or Consulate in the country abroad with the following conditions:  1. That one or both of the parties is a Malaysian citizen;  2. That each party has the capacity to marry according to the Enactment of the Islamic Family Laws 1985; and  3. That notice has been given within the specified time period and published both at the office of the Registrar in the Embassy, High Commission or Consulate where the marriage is to be solemnised and at the Registry of the marriage district in Malaysia where each party was last ordinarily resident, and no caveat or notice of objection has been received.

18.  Registration and Procedure of Foreign Marriages  1. Any person who is a citizen a of Malaysia who is married abroad must:-  (i) register the marriage within 6 months after the date of marriage at the  nearest Registrar abroad OR before any Registrar in Malaysia;  2. The person must :-  (i) produce the marriage certificate to the Registrar; and  (ii) fill in the prescribed form with the declaration in it.  3. The Registrar may dispense with the appearance of one of the parties to the  marriage if he/she is satisfied that there is good and sufficient reason for such  party’s absence.

19.  Registration and Procedure of Foreign Marriages  1. Any person who is a citizen a of Malaysia who is married abroad must:-  (i) register the marriage within 6 months after the date of marriage at the  nearest Registrar abroad OR before any Registrar in Malaysia;  2. The person must :-  (i) produce the marriage certificate to the Registrar; and  (ii) fill in the prescribed form with the declaration in it.  3. The Registrar may dispense with the appearance of one of the parties to the  marriage if he/she is satisfied that there is good and sufficient reason for such  party’s absence.

20.  Polygamy  In the Muslim law, no man shall re-marry another woman while he is still married to his  wife unless he obtains a written permission from the Syariah Judge and he will need to  make an application to Court.  The Court will look into the following to grant the permission of the applicant:-  1. applicant’s earning capacity;  2. applicant’s commitment’s and responsibilities towards the new wife;  3. applicant’s financial commitment and dependent’s in the present family; and  4. present wife’s permission or view of a second marriage.  Upon receiving the application, the applicant and his wife will need to be present in Court  and the Court will allow the application on the following grounds:-  1. that the marriage is possible ;  2. that the applicant has the ability to maintain and finance his present and new  family.  3. that the applicant will be able to treat his present and new family fairly and  equally;  4. the proposed marriage must not cause harm (dasar syari) or be in any form of  danger to his present wife.

21. THANK YOU FOR YOUR ATTENTION