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Women Syariah Court Judges PDF Print E-mail
Friday, 28 March 2003 12:00am

The Bar Council refers to the decision of the Government to allow the appointment of women Syariah court judges. The decision is welcome for several reasons. Firstly, it signifies the positive position of the Executive on the issue of gender discrimination. Such discrimination is prohibited under the recently amended Article 8(2) of the Federal Constitution. The Bar hopes that this is just one of many such decisions the Executive will make on the issue.

Secondly, the appointment of women syariah court judges addresses at least two key concerns about the syariah court process. The first, the backlog of cases, can only be resolved by expeditious handling of matters before the said courts which in turn is hinged on the number of available judges to try or hear matters. The appointment of women judges not only increases the number of judges but also widens the pool from which future judges can be appointed.

The second concern revolves around the perception of bias on the part of male judges who are seen as being more favourably disposed towards male litigants in divorce related matters before the said courts. The appointment of women judges is a first step in addressing this perception as the presence of women judges will allow the syariah judiciary to be more representative. The decisions of the women syariah judges will also go to building the corpus of syariah law and, where possible, establish the universality of the principles espoused while making the system itself more gender sensitive. This can only allow for higher levels of confidence in the syariah courts and this aspect of the administration of justice. 

Dated this 28th day of March 2003.

Haji Kuthubul Zaman Bukhari
Chairman
Bar Council

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