Malaysia
Flag of Malaysia
Population (in Mil.)	26.2
Sex Ratio (m/f)	1,01
Life Expectancy Ratio (f/m)	1.07
Fertility Rate	2.58
Income Ratio (f/m)	0.42
Literacy Ratio (f/m)	0,93
Tertiary Enrolment Ratio (f/m)	1,41
Women in Parliament (in %)	9,1
SIGI Rank	0
More information on variables
Did you know that Malaysia ranks number 0 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in Malaysia" at genderindex.org:

Social Institutions

The situation of women in Malaysia has improved over time, much thanks to women’s increased access to education and awareness of their constitutional rights. Legal amendments in order to eliminate any discrimination against women have been made continuously, but still there is no clear definition of such discrimination. Customary and traditional practices continue to make a distinction between the sexes: each ethnic group in Malaysia is influenced by Asian values, which determine the role of women in the domestic/private sphere while men dominate the public sphere (CEDAW, 2004). The population is predominantly Muslim (60%), but there are also significant groups of Buddhists (19%), Christians (9%), Hindu (6%) and various traditional Chinese beliefs (3%). Regional differences also exist and women’s civil liberties appear to be more restricted in the state of Kentalan than elsewhere.

Family Code

Family matters are governed by a combination of civil, customary (Adat) and Islamic (Sharia) law. The civil Law Reform Act (LRA), which entered into force in 1982, sets the legal minimum age of marriage to 16 years for women and 18 years for men and concludes that all marriages shall be based upon mutual consent. The same principles are set forth in the Islamic Family Law Act (IFLA) of 1984, but for a marriage to be fully recognized it also requires the consent of the wali, i.e. the woman’s guardian. With regards to early marriage, the UN (2004) estimates that 5 percent of Malaysian girls between 15 and 19 years of age are married, divorced or widowed. Polygamy is illegal under the LRA, but polygamous marriages that had been contracted before the law came into force are recognized. Islamic law, in turn, allows any Muslim man to take as many as four wives, provided that he will treat them fairly and can support them financially. The government nevertheless tries to control the practice of polygamy and will only grant a man permission to have multiple wives if the proposed marriage is just and necessary. It was only following amendments to the Infants Act in 1999 that parental authority was granted equally to both parents. Previously, only the father was recognized as the legal guardian of an infant’s person and property. The law is applicable to all non-Muslims, and to Muslims in those states that have adopted the law (four out of thirteen states in 2004). A cabinet directive was issued in 2000 to allow all mothers, irrespective of religion, to sign any documents related to their children. In the event of divorce, the LRA give men and women the same right to custody and the welfare of the child is central to the court’s decision. Islamic law generally considers the mother to be best suitable to care for children under the age of seven. Inheritance for non-Muslims is governed by the Inheritance (Family Provision) Act of 1971 and the Distribution Act of 1958. Before 1997, the Distribution Act discriminated against women insofar that when a man died intestate, his wife was only entitled to one-third of his property if they had children and one-half if they were childless. By contrast, when a woman died intestate, all her property was awarded to her husband, irrespective of if the marriage had produced any children or not (CEDAW, 2004). Today, however, the law is gender-neutral on this issue. Islamic law provides for detailed and complex calculations of inheritance shares. A woman may inherit from her father, her mother, her husband, her children, and under certain conditions, from other members of her family, but her share is generally smaller than a man’s entitlement. A daughter, for example, inherits half as much as a son. This is commonly justified by the fact that a woman has no financial responsibility towards her husband and children.

Physical Integrity

There is no clear picture of the prevalence of female genital mutilation (FGM) in Malaysia, nor what form the practice takes. Muslim women in the state of Kelantan have admitted to having undergone circumcision as infants, but no clinical injury has been detectable. It is thus uncertain whether FGM in Malaysia is symbolic non-cutting rituals, similar to those found in Indonesia, or a form of clitoridectomy (Isa et al, 1999). Violence against women is not uncommon and includes sexual and spousal abuse. The issue is addressed in a number of laws, most notably in the Domestic Violence Act of 1994. By penalizing violence within the family, the law contributes to eliminate a culture that gives men the authority to abuse his wife (CEDAW, 2004). Some state Islamic laws generally prohibit wives from disobeying the “lawful orders” of their husbands and present an obstacle to women pursuing claims against their husbands in Sharia courts (U.S. Department of State, 2007). Muslim women can, however, also file complaints in civil courts. Provisions in the Penal Code criminalize rape and assault, but enforcement is sometimes difficult. The concept of spousal rape is not recognized by the law. Klasen et al (2003) indicates that there is some occurrence of missing women. The sex ratio at birth is 1.07 and 1.01 for the total population.

Civil Liberties

Women enjoy freedom of movement, although locally imposed restrictions based on Sharia may apply in certain areas. For example, there are gender-segregated cinemas in Kelantan. The rural-to-urban migration of young females in the 1970s and 1980s signaled a change in previously established societal norms against the movement of unaccompanied young women (Ahmad, 1998). All persons above the age of 18 have the right to apply for a passport. There are no nation-wide restrictions on women’s freedom of dress, but local authorities in Kelantan enforce the wearing of headscarves by Muslim women and imposed fines for violators. All female police officers, including non-Muslims, are required to wear headscarves during public ceremonies.

Ownership Rights

The Constitution gives men and women equal rights to inherit, acquire, own, manage or dispose of any property, including land. Within the matriarchal Minangkabau community, women are actually favoured as ownership of heredity or tribal lands is restricted to women (CEDAW, 2004). A married man and woman may have separate property, but any assets that have been acquired during the marriage shall be considered joint property and, as such, divided equally in the event of divorce. A Muslim woman can claim one-third (in some cases one-half) of the value of the land and property if her husband dies or divorces her. Similarly, women have the legal right to apply for bank loans and enter into any type of contractual relationships. Access to credit, however, depends on the level of income and poverty in Malaysia is more prevalent among women than men. In the public sector, both male and female officers have equal access to government housing loans under the Housing Loan Fund Act of 1971 (CEDAW, 2004).

In the News

• AWID 21.07.2010 : Malaysia: Two in five of first wives in polygamous marriages forced to find extra income
• The Times of India 08.07.2010: Malaysian Islamic courts appoint first women judges
• OneIndia 16.05.2010 : Number of Malaysian women in high posts still way behind male counterparts

Sources

• Ahmad, A. (1998), Women in Malaysia, Country Briefing Paper, prepared for the Asian Development Bank.
• CEDAW (2004), Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women, combined initial and second periodic reports of States parties, Malaysia, CEDAW/C/MYS/1-2.
• Isa, R., R. Shuib and M.S. Othman (1999), The Practice of Female Circumcision among Muslims in Kelantan, Malaysia, Reproductive Health Matters, Vol. 7, No. 13, Living without Children, pp. 137-144.
• Klasen, K. and C. Wink (2003), “Missing Women”: Revisiting the Debate, Feminist Economics 1/2003, Volume 9, Issue 2-3.
• OECD (2006), The Gender, Institutions and Development Data Base, www.oecd.org/dev/gender/gid.
• United Nations (2004), Department of Economic and Social Affairs, Population Division, World Fertility Report, New York.
• U.S. Department of State (2007), Country Reports on Human Rights Practices 2006: Malaysia.

The Women, Business and the Law

Where are laws equal for men and women? 

The Women, Business and the Law report presents indicators based on laws and regulations affecting women's prospects as entrepreneurs and employees. Several of these indicators draw on the Gender Law Library, a collection of over 2,000 legal provisions impacting women's economic status. This report does not seek to judge or rank countries, but to provide information to inform discussions about women’s economic rights. Covering 128 economies, Women, Business and the Law provides data covering 6 areas: accessing institutions,using property, getting a job, dealing with taxes, building credit, and going to court.Read more about the methodology.

For detailed information on Malaysia, please visit the Women, Business and
the Law Malaysia page.

Sources

• Women, Business and the Law: Creating economic opportunity for women
• The Gender Law Library