Member of Selangor State Legislative Assembly Nurul Syazwani (left) officiated the launch of the Telenisa Statistics and Findings 2023. Pictured with her is Fatimah Merican, Sisters in Islam board member.
Thirty-six year old Rogayah* (not her real name) reveals that one of the reasons she got divorced several years ago, is because her husband did not provide for her and her children financially.
“Even though he earned a reasonable salary, he would spend it on his personal pursuits because he was into superbikes which is an expensive hobby,” she says.
“He would disappear for weeks and sometimes, months. Most of the household expenses, including food, and even water and electricity, was borne by me,” says Rogayah, a single mother of four children aged from two to 10.
“I became a housewife after our first child was born, but I had to take on part-time work to earn an income to raise our children.
“When I tried to talk to him about it, he would get verbally abusive. He has even taken our eldest child, a daughter, on some of his trips. This was without my knowledge – he just picked her from school one day and disappeared,” she recounts.
Rogayah had no clue at the time that what her ex-spouse did was “not right according to the law” and that she had the right to report his behaviour to protect herself and her children.
Helping women like Rogayah is one of the reasons Sisters in Islam (SIS), an NGO that advocates for women’s rights, launched Telenisa in 2003: to provide free legal counselling and advice on Syariah-related matters, including family law issues such as marriage, divorce, child custody and inheritance.
The service aims to empower women by helping them understand their legal rights and options, and promote justice and equality within the context of Islamic law.
Telenisa recently released its “Statistics & Findings 2023” report, detailing the services provided to Muslim women and men regarding Syariah legal matters. The report offers crucial insights into the challenges and experiences encountered by women in the realm of Islamic Family Law.
It was officially launched in Kuala Lumpur by Member of the Selangor State Legislative Assembly for Permatang, Selangor Nurul Syazwani Noh.
“Telenisa provides essential legal assistance, offering hope and justice by helping individuals understand their rights and legal procedures within the Syariah court system. As an advocate for women’s rights myself, I recognise the transformative power of legal support. Such initiatives as Telenisa ensure women have access to justice and protection, and this will foster a legally literate community that can shape fairer laws,” said Nurul Syazwani during her speech at the launch.
Nurul Syazwani added that many women fear taking legal action due to shame, intimidation, and limited access to justice.
“We must establish a strong support network where every woman feels protected and heard. Communities like Telenisa provide crucial support, empowering victims and deterring perpetrators of violence. Together, we can ensure justice and protection for all women,” she adds.
The report highlights several critical trends from 2021 to 2023, focusing on the primary grounds for divorce: Domestic violence emerged as the main reason for divorce (20%) followed by husbands not providing maintenance (19%); communication breakdown (17%); and infidelity (12%).
The failure of husbands to provide maintenance remains a major issue faced by many women, says SIS’s executive director Rozana Isa.
“We are proposing that a Federal Child Support Agency be established. This suggestion, first made in 2005, will ensure children receive sufficient and timely support.
“Adequate and timely child support is crucial for their physical and mental development,” she says.
The NGO also put forth six measures to ensure women receive fair and accessible justice.
* Education and awareness: Workshops and seminars should be conducted regularly to educate couples about their maintenance rights and responsibilities, and provide clear and accessible information on the legal procedures for filing maintenance claims and understanding court orders.
* Enhanced legal support: Legal aid should be provided to assist wives in filing maintenance claims, follow-up on court orders and to simplify the reporting process for non-compliance with maintenance orders to minimise the need for additional interim applications.
* Stricter enforcement: This is a must to ensure compliance with court-ordered maintenance payments and establishing a dedicated task force to track and penalise individuals who evade maintenance obligations by changing jobs or residences.
* Financial Assistance Programmes: Developing programmes for unemployed husbands so that they have secure employment and can fulfill maintenance duties and provide temporary financial support to wives who are struggling with household expenses.
* Mandatory mediation and counselling services: Couples facing maintenance disputes should have to go for mandatory counselling or mediation to resolve issues amicably; they should be offered continuous support and follow-up sessions to ensure compliance and address ongoing challenges.
* Fostering community support networks: This would provide emotional and financial assistance to wives facing maintenance issues and engage community leaders and organisations to advocate for better maintenance compliance and support affected families.
For over two decades, Telenisa legal helpline has become a cornerstone for rights-based advisory services concerning Islamic Family Laws and Syariah Criminal Offences Laws in Malaysia.
Since its inception in 2003, Telenisa has assisted 15,000 clients nationwide, including in Sabah and Sarawak, providing legal advice to help them make sound decisions based on the law. 90% of its clientele are women.
Through its mobile clinics and social media presence, Telenisa hopes to reach underserved communities to address issues related to divorce, polygamy, maintenance of wife and children, matrimonial property, hadhanah (child custody) and more. It also covers culturally sensitive issues such as nusyuz (when one defies their partner/spouse), marital rape, and bodily autonomy.
“This year, we celebrate 21 years of Telenisa. Last year, we received a suggestion from Kelab Sokongan Ibu Tunggal Wilayah Persekutuan (Federal Territories Single Mothers’ Support Club) to extend our services beyond the Klang valley all the way to Sarawak.
“Because of this, we have established a close cooperation with Sarawak Women for Women Society and Purple Lily to hold workshops and mobile Telenisa clinics in Kuching, Sarawak,” says Rozana.
Rozana highlights that women face numerous challenges, especially when navigating the Syariah Court system, such as going through complex bureaucratic procedures, difficulties in gathering evidence, and lack of societal support which leaves them feeling stressed and deters them from seeking justice.
Financial constraints further heighten these challenges as 99% of Telenisa clients were reported to have a lack of legal representation. The high cost of experienced syarie lawyers and limited resources from the government and NGOs forces many women to manage intricate legal processes on their own, she concludes.
Telenisa provides free legal consultation on Islamic Family Law and Syariah Criminal Offences law through WhatsApp and telephone calls at 012-812 3424, or face-to-face consultations by appointment every Monday to Friday from 10am to 5pm.