PROTECTION OF WOMEN AND CHILDREN IN ISLAMIC FAMILY LAW: GAPS AND PROPOSED REFORMS IN THE MALAYSIAN SHARIA LEGAL SYSTEM

Abstract

The protection of women and children within Malaysia’s Islamic family law system faces serious challenges due to the gap between progressive legal norms and weak enforcement practices. Although the Islamic Family Law Enactments (IFLE) across various states regulate rights to maintenance (nafkah), child custody (ḥaḍānah), and protection from domestic violence, empirical realities reveal high numbers of complaints by women concerning failure to provide maintenance, gender-based violence, and the weak execution of Syariah Court judgments. Regulatory fragmentation among states, limited institutional capacity, and state policies that emphasize moral–individual approaches such as the Qawwam Men Initiative (ILQ) further exacerbate substantive injustice for vulnerable groups. This study aims to analyze the forms and causes of the protection gap affecting women and children in Malaysia’s Islamic family law, to examine how the principles of maqāṣid al-syarī‘ah and the values of Malaysia Madani are employed in reform discourse, and to formulate a more just and responsive model of legal and policy reform. The research adopts a qualitative methodology with an in-depth document study approach, employing critical thematic analysis and discourse analysis of Islamic family law enactments, Syariah Court decisions, state policy documents, human rights institution reports, as well as academic and civil society discourses. The findings indicate a systemic tripodal failure consisting of regulatory fragmentation, weak implementation of court decisions, and misalignment of national policies. The ILQ is shown to represent the paradox of “responsible patriarchy,” reinforcing traditional gender norms without addressing the structural roots of the problem. This study recommends a holistic reform through regulatory harmonization, the strengthening of victim-centered law enforcement, and the operationalization of progressive maqāṣid al-syarī‘ah and Malaysia Madani values to realize substantive justice for women and children.