Violence against women in Malaysia

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Violence against women includes physical, psychological, emotional, and sexual abuse of women by men, domestic violence being the most common form. Malaysia rated 0.681 under the Global Gender Gap Report 2022 and ranked 103rd out of 146 countries. [1]

Contents

Types

Domestic violence

Domestic violence, also known as Intimate Partner Violence (IPV), is any behavior by a current or former partner or spouse that causes physical, sexual, or psychological harm.

[2] A study conducted by Universiti Sains Malaysia in 2014 shows that 9% of ever-partnered women in Peninsular Malaysia have experienced domestic violence at some point in their lifetime.

Women's Aid Organisation (WAO) statistics on violence against women show that domestic violence increased from 2000 to 2018. In 2000, there were 3468 cases of domestic violence. In 2018, the number increased to 5513. [3] This is corroborated by Police DiRaja Malaysia (PDRM) data that showed an increase in cases in the state of Selangor from 2017 to 2021.The Covid-19 pandemic brought to light the reality of the situation of violence against women in the country, WAO reported a fourfold increase in calls to the hotline. According to police statistics, around 19 268 cases were reported between 2020 and 2022. In 2022, Women's Aid Organization (WAO) executive director Sumitra Visvanathan suggested that Malaysia principle should be strengthened in this area and perceived it as a serious crime in order to reduce unwanted fatalities. [4]

Female genital mutilation

Anecdotal reports indicates that almost all Malay Muslim women have undergone female genital cutting (FGC), largely because they think it is required by Islam and often these procedures are conducted by traditional midwives who are trained in the type IV FGC .

In 2009, the Fatwa Committee of the National Council of Islamic Religious Affairs declared that FGM to be compulsory (wajib) for all Muslim women. FGM is a practice that has been the subject of a vigorous policy of zero tolerance from the World Health Organization (WHO).

Issue of such legislation are perceived as “a step backwards” in the fight for women's rights. Historically, the practice of FGM was linked to the coming of Islam and FGM procedures deeply connected to Islam, Islamic notions of body purity in Malaysia and Malay ethnicity.

In Malaysia, few people have any specific information and expressed little concern with regard to the practice of FGM. [5] A study conducted in 2012, by Dr. Maznah Dahlui, an associate professor at the University of Malaya's Department of Social and Preventive Medicine, found that 93 percent of Muslim women surveyed had been circumcised.

Another survey by Salleha Khalid et al in 2016 of 402 Malay-Muslim women revealed that only a mere 4% – 16 out of 402 women – had not been “circumcised”. [6] In recent years, organizations such as the UN have been calling for abolition of FGM practices in Malaysia. [7] [8] One of it was from the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Committee that called for Malaysia to end FGM practices.

However, some still defended the practice claiming it would be culturally insensitive to abolish FGM completely in Malaysia and that “FGM practiced by the Malay community in north Malaysia is not the same as the FGM performed elsewhere”. [9]

Rape

From 2000 to 2007, there was an increase of rape cases in all 15 states of Malaysia, from 1217 to 3098 cases. Among all 15 states in Malaysia, Johor had the highest rape cases as of May 2017. [10] Based on the statistics released by the Penang Women Centre for Change, one woman is being raped every 35 minutes in Malaysia. [11] In Malaysia, Section 376 of the Penal Code states that whoever commits rape shall be punished with imprisonment for a term which may extend to twenty years, and shall be liable to whipping. [12]

Marital rape

Marital Rape is not legally recognized in Malaysia . But the new Section 375A states that any husband causing fear of death or hurt to his wife in order to have sex shall be punished for term which may extend to five years.

Since marital rape is not recognized as a crime in Malaysia, it is difficult for women to get access to justice. In a WAO report titled “Perspectives on Domestic Violence” released on International Women's Day in 2015 , the NGO said that rape was a crime even if it occurred in a marriage. The report noted that the United Nations Committee on the Convention on the Elimination of All Forms of Discrimination against Women, since 2006, had been asking the Malaysian government to criminalise marital rape. [13]

Online gender-based violence

Online gender-based violence (OGBV), otherwise known as technology-facilitated gender-based violence is any act of violence that is either done or amplified through the use of digital technologies or tools that cause physical, sexual, social, psychological, political, or economic harm to women and girls on the basis of their gender.

Legislation

Women in Malaysia have certain protection against domestic violence such as the Domestic Violent Act 1994 and Article 375 of the Penal Code (prohibition of rape).

Domestic Violence Act

The Domestic Violence Act in Malaysia was passed in 1995. The law took over 10 years to be passed because when women's NGO pushed for the enactment, they were met with resistance from patriarchal forces of the state. [14] The Domestic Violence Act provides extensive provisions relating to protective orders (POs) which can be issued by the courts.

These include provisions on: a) Issuance of interim POs pending investigation of any alleged domestic violence offence prohibiting the person against whom the order is made from using domestic violence against the spouse, a child, an incapacitated adult or any other member of the family; b) Issuance of POs prohibiting the person against whom the order is made from using domestic violence against the spouse, a child, an incapacitated adult or any other member of the family during the course of any proceedings before the court involving a complaint of domestic violence; and c) Attaching of additional orders to the protection order. [15]

Article 375 of the Penal Code

According to the Malaysian law and statutory, the minimum age of consent to participation in sexual activity is 16 years old. The Malaysia statutory rape law is violated when an individual has consensual sexual contact with a person under age 16. [16]

Section 375 of the Penal Code (Malaysia), which covers rape states that [17] (a) against her will; (b) without her consent; (c) with her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception; (d) with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent; (e) with her consent, when, at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent; (f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her; (g) with or without her consent, when she is under sixteen years of age.

Explanation - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception - Sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognized in Malaysia as valid, is not rape.

Explanation 1 - A woman - (a) living separately from her husband under a decree of judicial separation or a decree nisi not made absolute; or (b) who has obtained an injunction restraining her husband from having sexual intercourse with her, shall be deemed not to be his wife for the purposes of this section.

Explanation 2—A Muslim woman living separately from her husband during the period of ‘iddah, which shall be calculated in accordance with Hukum Syara’, shall be deemed not to be his wife for the purposes of this section.

Incidents of violence against women

On 3 September 2016, two women found guilty of attempting to have sex were caned in Terengganu, a conservative northeastern state in Malaysia, ruled by the Islamist opposition party Pan-Malaysian Islamist Party (PAS). It received criticisms from various rights groups such as Justice for Sisters and the Women's Aid Organization in Malaysia. It had also received criticisms from Human Rights Watch and Amnesty International, arguing that it was a violation of human rights. Malaysian officials justified the sentence by claiming it was “not painful” and had been intended to “educate” the women. [18] [19] [20]

Consequences

A recent study identified the pattern of help-seeking by women who have experienced intimate partner violence and their level of satisfaction with the help they receive. It showed that women who experienced IPV suffered various physical and mental health consequences. 81.8% of women who participated in this study reported being physically injured, while more than half reported high emotional distress. The majority of women seek help through friends and family. There were also 13.1% that did not tell anyone about the violence they experienced. This shows that not all survivors report their abuse. [21]

Access to justice for female victims of violence (Organisations)

There are over 10,000 NGOs in Malaysia. However, only women's NGOs would voice their concern about women and gender issues. Some women NGOs includes Women's Aid Organisation, All Women's Action Society and Sisters in Islam. [22]

Women's Aid Organisation (Pertubuhan Pertolongan Wanita)

One objective of the Women's Aid Organisation (WAO) is to provide on request to women and their children suffering from mental, physical and sexual abuse, temporary refuge services that empower and enable them to determine their own future. [23] Recently, WOA launched ‘Think I Need Aid’ for women survivors to report domestic violence through Whatsapp. This campaign had increased the number of reports from 699 in 2016 to 1698 in 2017. This increase in number was due to survivors being more comfortable reaching out through Whatsapp. [24]

All Women's Action Society (AWAM)

AWAM is a non-profit, independent feminist organisation in Malaysia committed to ending gender-based violence and upholding equality and rights for all. It was established in 1998. some recent events that AWAM had organized in 2018 focusing on violence against women were: [25]

Sisters In Islam

Sisters In Islam (SIS), formed in 1987, was initially a research, policy, and advocacy organisation based in Kuala Lumpur. Since then, SIS has become a strong force in advocating Muslim women's right in the presence of Islamic revivalism and Islamisation government policies. SIS strives to strike a balance between secular modernity and Islam. SIS had also confronted a variety of major issues including violence against women, women's equality and Islam, Islamic criminal law, and rape. In 1991, SIS had promoted two booklets entitled Are Women and Men Equal Before Allah and Are Muslim Men allowed to Beat Their Wives?, both of which were products of extensive, independent research and interpretation of the Qur’an. These booklets have provided Qur’anic interpretations on the issue of domestic violence. In addition, SIS was one of the women's NGOs that worked to get the Domestic Violence Act to pass. [26]

Activism against violence

Community Walk the Talk to Stop Violence Against Women by WOA

This program includes talks and workshops about how women and girls can try to protect themselves and avoid becoming victims of physical violence and cyber crimes, such as Master Saiful Hamiruzzam and team spoke and demonstrated about “How to Be Your Own Bodyguard”, and Cathryn Anila spoke on “How to Surf Online Safely (SOS)”

One workshop was also organised by NCWO targeted for the children aged 9 to 18 years on the subject, “The Malaysia We Want for our Family and Country”. [27]

One Stop Crisis Centre (OSCC)

OSCC, available in all government hospitals in Malaysia, aims to support survivors of physical and sexual abuse. They collaborate with the police, NGOs, and the Social Welfare Department during crises. Services for survivors include medical care, legal protection, temporary shelter, legal aid, and counseling. [28]

See also

Related Research Articles

Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, and increasingly criminalized. However it is repudiated by some more conservative cultures.

<span class="mw-page-title-main">Sisters in Islam</span> Malaysian Islamic feminist civil society organisation

Sisters in Islam (SIS) is a Malaysian registered company committed to promoting the rights of women within the frameworks of Islam and universal human rights. Its efforts to promote the rights of Muslim women are based on the principles of equality, justice and freedom enjoined by the Quran. SIS work focuses on challenging laws and policies made in the name of Islam that discriminate against women. As such it tackles issues covered under Malaysia's Islamic family and sharia laws, such as polygamy, child marriage, moral policing, Islamic legal theory and jurisprudence, the hijab and modesty, violence against women and hudud. It is noted for its Islamic feminist research and advocacy.

<span class="mw-page-title-main">Violence against women</span> Violent acts committed primarily against women and girls

Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed by men or boys against women or girls. Such violence is often considered a form of hate crime, committed against women or girls specifically because they are female, and can take many forms.

The protection of basic human rights is enshrined in Constitution of Malaysia. These include liberty of the person and prohibition of slavery and forced labour. At the national level, legislative measures that exist to prevent human rights violations and abuses can be found in acts and laws on issues that either have a human rights component or relate to certain groups of society whose rights may be at risk of being violated. Human rights groups are generally critical of the Malaysian government and the Royal Malaysia Police. Preventive detention laws such as the Internal Security Act and the Emergency Ordinance 1969 allow for detention without trial or charge and as such are a source of concern for human rights organizations like Suara Rakyat Malaysia.

The concept of rape, both as an abduction and in the sexual sense, makes its appearance in early religious texts.

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Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and opportunities for women in India. It is the pursuit of women's rights within the society of India. Like their feminist counterparts all over the world, feminists in India seek gender equality: the right to work for equality in wages, the right to equal access to health and education, and equal political rights. Indian feminists also have fought against culture-specific issues within India's patriarchal society, such as inheritance laws.

Women's Aid Organisation (WAO) is a Malaysian non-governmental organisation that fights for women's rights and specifically against violence against women. It was founded in 1982 and continues to play a leading role in the Malaysian women's rights movement working within the fields of advocacy, public education as well as law and policy reforms.

<span class="mw-page-title-main">Women in Ethiopia</span> Overview of the status of women in Ethiopia

There have been several studies concerning women in Ethiopia. Historically, elite and powerful women in Ethiopia have been visible as administrators and warriors. This never translated into any benefit to improve the rights of women, but it had meant that women could inherit and own property and act as advisors on important communal and tribal matters. As late as the first part of the 20th century, Queen Menen, consort of Emperor Iyasu IV, had a decisive role in running the Ethiopian Empire. Workit and Mestayit regents to their minor sons have been held responsible for their provinces. They owed their rights to landed property because of a special type of land tenure that expected tenants to serve as militia to overlords, irrespective of gender. In 1896, Empress Tayetu Betul, wife of Emperor Menelik II, actively advised the government and participated in defending the country from Italian invasion. Prominent and other landowning women fought against the second invasion in 1935–41. With the assistance of European advisors, women in the ensuing period were kept out of the army and politics, even as advisors. Instead, they were restricted to family and household work of raising children and cooking. With a steady increase in female representation in education, they have started to undertake nursing, teaching, and other similarly supportive roles. Over the 2018–2019 period, their gradual participation in state politics has been increasing at a steady pace.

<span class="mw-page-title-main">Women in Mali</span> Overview of the status of women in Mali

The status and social roles of women in Mali have been formed by the complex interplay of a variety of traditions in ethnic communities, the rise and fall of the great Sahelien states, French colonial rule, independence, urbanisation, and postcolonial conflict and progress. Forming just less than half Mali's population, Malian women have sometimes been the center of matrilineal societies, but have always been crucial to the economic and social structure of this largely rural, agricultural society.

<span class="mw-page-title-main">Women in Yemen</span> Overview of the status of women in Yemen

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<span class="mw-page-title-main">Women in Malaysia</span> Overview of the status of women in Malaysia

Women in Malaysia receive support from the Malaysian government concerning their rights to advance, to make decisions, to health, education and social welfare, and to the removal of legal obstacles. The Malaysian government has ensured these factors through the establishment of Ministry of National Unity and Social Development in 1997. This was followed by the formation of the Women's Affairs Ministry in 2001 to recognise the roles and contributions of Malaysian women.

Punishment for rape in Pakistan under the Pakistani laws is either death penalty or imprisonment of between ten and twenty-five years. For cases related to gang rape, the punishment is either death penalty or life imprisonment. DNA test and other scientific evidence are used in prosecuting rape cases in Pakistan.

Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.

Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.

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<span class="mw-page-title-main">Feminism in Malaysia</span> Social movement in Malaysia

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Violence against women in Pakistan, particularly intimate partner violence and sexual violence, is a major public health problem and a violation of women's human rights in Pakistan. Women in Pakistan mainly encounter violence by being forced into marriage, through workplace sexual harassment, domestic violence and by honour killings.

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Violence against women is an entrenched social problem in Ukrainian culture engendered by traditional male and female stereotypes. It was not recognized during Soviet era, but in recent decades the issue became an important topic of discussion in Ukrainian society and among academic scholars.

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References

  1. ↑ "Gender Equality". UNDP. United Nations Development Programme. Retrieved 17 October 2023.
  2. ↑ "Leave No One Behind - End Violence against Women and Girls". UN Women. Retrieved 2018-10-23.
  3. ↑ "Home - Women's Aid Organisation". Women's Aid Organisation. Retrieved 2018-10-23.
  4. ↑ "Domestic violence against women is a crime, not a family matter: WAO". New Straits Times. 2015.
  5. ↑ Ainslie, Mary J. (2015). "The 2009 Malaysian Female Circumcision Fatwa: State ownership of Islam and the current impasse". Women's Studies International Forum. 52: 1–9. doi:10.1016/j.wsif.2015.06.015. ISSN   0277-5395.
  6. ↑ "Why is Malaysia still practising female genital mutilation? | The Malaysian Insight". www.themalaysianinsight.com. Retrieved 2018-10-24.
  7. ↑ "Malaysia urged to abolish female genital mutilation - Nation | The Star Online". www.thestar.com.my. Retrieved 2018-10-24.
  8. ↑ "Female circumcision on the rise in Malaysia | The Express Tribune". The Express Tribune. 2015-02-20. Retrieved 2018-10-24.
  9. ↑ "The UN wants Malaysia to ban female circumcision. But that could be even more dangerous". CILISOS - Current Issues Tambah Pedas!. 2018-02-25. Retrieved 2018-10-24.
  10. ↑ Nokman, Farhana Syed (27 July 2017). "Johor has highest number of rape cases, Sabah tops incest numbers". New Straits Times.
  11. ↑ "3,000 rape cases in Malaysia every year". Malaysiakini. 2015-12-11. Retrieved 2018-10-24.
  12. ↑ "Marital rape should be a crime, but it is not, yet - Star2.com". Star2.com. 2015-06-17. Retrieved 2018-10-24.
  13. ↑ "Home - Women's Aid Organisation" (PDF). Women's Aid Organisation. Retrieved 2018-10-24.
  14. ↑ Ariffin, Rohana (1999). "Feminism in malaysia". Women's Studies International Forum. 22 (4): 417–423. doi:10.1016/s0277-5395(99)00039-4. ISSN   0277-5395.
  15. ↑ "Domestic Violence Act 1994". evaw-global-database.unwomen.org. Retrieved 2018-10-24.
  16. ↑ "Malaysia Age of Consent & Statutory Rape Laws". www.ageofconsent.net. Retrieved 2018-10-24.
  17. ↑ "Penal Code" (PDF).
  18. ↑ Lamb, Kate (2018-09-03). "Women caned in Malaysia for attempting to have lesbian sex". The Guardian. Retrieved 2018-10-24.
  19. ↑ "Women caned in Malaysia for attempting to have lesbian sex". The Independent. Retrieved 2018-10-24.
  20. ↑ "Two Malaysians caned in public for 'attempting lesbian sex'". U.S. Retrieved 2018-10-24.
  21. ↑ Tengku Hassan, Tengku Nur Fadzilah; Ali, Siti Hawa; Salleh, Halim (2015-01-02). "Patterns of help-seeking among women experiencing intimate partner violence in Malaysia". Asian Journal of Women's Studies. 21 (1): 77–92. doi:10.1080/12259276.2015.1029226. ISSN   1225-9276. S2CID   143189139.
  22. ↑ Ariffin, Rohana (September 1999). "Feminism in malaysia". Women's Studies International Forum. 22 (4): 417–423. doi:10.1016/s0277-5395(99)00039-4. ISSN   0277-5395.
  23. ↑ "Home - Women's Aid Organisation". Women's Aid Organisation. Retrieved 2018-10-24.
  24. ↑ "Women's minister says committed to improving domestic abuse victims' protection | Malay Mail" . Retrieved 2018-10-24.
  25. ↑ "Events | AWAM – All Women's Action Society". www.awam.org.my. Retrieved 2018-10-24.
  26. ↑ Sleboda, Jennifer (2001). "Islam and Women's Rights Advocacy in Malaysia". Asian Journal of Women's Studies. 7 (2): 94–136. doi:10.1080/12259276.2001.11665905. ISSN   1225-9276. S2CID   146142247.
  27. ↑ "Community Walk the Talk to Stop Violence Against Women - Soroptimist Malaysia". Soroptimist Malaysia. 2016-11-28. Retrieved 2018-10-24.
  28. ↑ farhana (2013-09-10). "One Stop Crisis Centre (OSCC)". PORTAL MyHEALTH. Retrieved 2023-11-27.
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