The movement of feminism in Malaysia as in similar developing countries or in the West has the same goal for women globally - to establish equality in terms of the economic, education, politics, or social spheres of life. However, many Malaysian women are not comfortable in labelling themselves feminists due to the connotation and concept of feminism that is considered alien and contains Western elements. Some parties condemn feminism as an "unhealthy activity that triggers a spirit of dissatisfaction and increases suspicion as well as hostility between women and men." Feminism claim that they are fighting for freedom and change (in the Third World) which can only be strengthened through the collaboration of energy from women from all walks of life, and the result said to be freedom from exploiters, oppression, and patriarchy restructuring.

The development of women's issues and demands for equality began emerging only after the independence of Malaysia was gained in 1957. The ages of pre-independence saw the participation of women and men together in the effort to drive out the British. The issue brought forward during that time was only regarding education especially towards girls who were illiterate. The representation of women in politics was initially very low; from 1% who were representatives in the Parliament (1950), to 5.2% in 1980, and 7.8% in the 1990s.

The rise of crime against women in the 1980's, whether domestic violence or rape, sparked the establishment of many non-governmental organizations (NGOs) who sought to promote themselves as defenders of women victims. Most of these corporations were based in Kuala Lumpur, Kota Kinabalu, Kuching and Penang, such as the Women's Aid Organisation (WAO), established in 1982, Women's Crisis Centre (WCC), established in 1985, and the Sabah Women's Action Resource Group, established in 1987.

This feminist movement has aroused hostility between men and women and opposition to the Islamic laws amongst many in the country. For example, with the issue of polygamy, the resistance of many women against this very significant issue is clear, to the extent of their willingness to refer to the Western civilization and culture which allows keeping a mistress. For example, Datuk Seri Rafidah Aziz, the former International Trade and Industry Ministry, once said, "If a minister womanises frequently and come home late every night, he may succumb to temptation and reveal some secrets. The politician should be exposed. However, if he has a steady mistress, and his wife may know about it, it is his own bussines. If it does not affect his work, why penalize him?" (The Sunday Start Newspaper, 24th May 1987, quoted by Abdul Rahman haji Abdullah, 1998: 234)

This shows us that the influence of the Western culture, especially in the liberation of women for the eastern society including Muslims were also influenced by this feminism movement. They simply followed their emotions and tried to stop a man's option of practicing polygamy, while embracing his ‘right' to commit adultery. That is why they still can accept a steady mistress then polygamy. This also shows the collapse of the family institution in the Malay civilization as a result of the Western colonialism. Apart from that, the movement of feminism is an intellectual concept with policies that are based upon a flawed philosophy of gender roles, rights and duties. Women try to put themselves in the world of men and there are no longer 'men's responsibilities and women's responsibilities'. This is due to the fact that many in the local community have unfortunately embraced a dogmatic attitude or behaviour based upon Western ideas and culture. For example Adibah Amin, a linguist and a writer once said;

"The extension of this, when choosing their field of work, most women still avoid areas that require energy or time or a bit more freedom of movement compared to other fields, for fear of neglecting their household responsibilities and fear that their husband and children will not be taken care of well. Thus, most of them focus on work that is considered 'appropriate' for women such as being teachers, or a fixed time office job as a telephonist, clerk and others. We do not know how much outstanding potential from these women have become a loss to us because of the attitude of these particular women." (‘Hidup Seribu Liku', quoted by Rahman Haji Abdullah, 1998: 232).

For Adibah Amin also, a division of labor in family life causes loss to women and is actually a discrimination against them. This is because she assumes that men and women are the same and should not be discriminated. Demands urging the equality of women and men are being fought by women.

"What must be done by a woman is to try to eliminate the segregation of duties. Men's mentality of the division of labor between the sexes must be revamped, men must be convinced that the division of tasks as there exists in the society today is no longer appropriate in this era." (Women and Society, quoted by Rahman Haji Abdullah, 1998: 233)

On August 14, 2008, the Ministry of Home Affairs Malaysia banned the distribution of books published by Sisters in Islam entitled ‘Muslim Women and the Challenge of Islamic Extremism'; a book that consists of academic papers from various Islamic countries which are considered deviating from the teachings of Islam. Despite this feminist movement receiving opposition from the community and the Malaysian government banning its publication, the authorities have failed to prevent this movement from infiltrating into the country and becoming more active, especially after the Fourth Women's World Conference in Beijing, China in 1995. Additionally, the active NGOs in the country promoting Western feminist ideas includes the Women's Action Society Kuala Lumpur and Selangor (AWAM), the Organization of Muslim Women's Action (PERTIWI), Friends of Women, Sabah Women Action Resource Group, Sarawak Women for Women, Young Women Christian Association (YWCA), Institute for Women (WIM), Women's Aid Organisation (WAO), Women's Institute (WI), the Women's Crisis Center (WCC) and the Association of Women Lawyers (AWL).

The historical timeline has shown the establishment of women's organisations is closely related to the World Women's Conference. The Unit of Women's Affairs (HAWA) was first established in 1983 after the Second World Conference of Women in Copenhagen, Denmark in 1980. This unit has now been upgraded as Departments under the Ministry of Women, Family and Community, serving as the secretariat to the "National Advisory Council on the Integration of Women in Development" (NACIWID).

Furthermore, after the Third World Women's Conference in Nairobi, Kenya, in 1985, the government has adopted seven of the eight ‘Forward Looking Strategies' resulting from the conference, where their next step was enacting the National Policy on Women in 1990 . An undeniable fact is that there is a close cooperation between these women NGO's with government bodies. The cooperation was seen when both these bodies formulated and enacted a number of policies and laws for women. For example, the National Policy on Women (NPW) itself was enacted by referring to memorandums prepared by the National Council of Women's Organizations (NCWO) in addition to other documents.

What are the objectives of the National Policy on Women? Among the key objectives of the National Policy on Women are (i) to ensure a fair sharing between men and women in the ownership of resources and information, as well as obtaining opportunities and benefits from development; and (ii) to integrate women into all sectors of development in accordance with their capabilities and needs in order to improve the quality of life, eradicate poverty, ignorance and illiteracy and to ensure that the country is safe and prosperous. Through these objectives, the government has placed women as the backbone of the economy. Women are offered various incentives and opportunities so that they become enmeshed with what is being offered to them.

To facilitate the planning and implementation of the National Policy on Women (NPW), a number of strategies have been designed to ensure the efficiency, effectiveness, consistency and standardization of policy and action. Among them was by strengthening the Unit of Women's Affairs (HAWA) as an engine of national development for the advancement of women. HAWA is now placed under the Ministry of National Unity and Social Development. HAWA has enhanced power and status to create a relationship with each Ministry, appoint a coordinator in each state in order to act more effectively on women's affairs. This is to ensure that the role of women is used in each of the ministries, state and county. This is a form of colonial feminism hidden behind the programs that have been implemented by the government.

In addition, the enactment of the Domestic Violence Act 1994 is largely due to the presence of cooperation and collaboration between the women NGO's and the government bodies. In fact, the government requires the services of women NGOs in almost all aspects of the implementation of policies and acts. Thus, it is not surprising that women NGOs are given higher allocation than other NGOs. Another interesting thing to note is the cooperation between women's organizations with the government can be seen in terms of personal connection between NGO leaders and the highest government leaders in the NACIWID agency itself. This is because most of the members of the governmental body itself consists of the leaders from women's NGOs. Among them are Prof. Datin Dr. Sharifah Hapsah (Vice-President of NCWO), Datin Paduka Sharifah Mordiah (Chairman of the Council of Sarawak Women), Ramani Gurusamy (President of the YWCA), Ramani Kandiah (President of AWL) and many more.

The result of Western colonialism is that the mentality of women and children are becoming increasingly distorted and far from Islam. The inclusion of Western ideologies such as secularism and liberalism has greatly changed the structure of society. Many women are becoming more distant from Islam and the consequences are that the generation produced will easily tend to be influenced by corrupt ideologies due to the lack of comprehending Islamic beliefs. The feminist ideals such as gender equality have already spread to many women as a result of the assistance given by the government. This movement is in line with the current wave of so-called modernism and liberalism brought by Western colonial powers in this country. The development of this movement represents their success in shaping the colonized countries, mainly Muslim countries into their mold.

Confusion in understanding the function and role of women in the country has plunged women to the notion of feminism. According to the activists of Feminism (gender), all the problems facing women today such as abuse against women, oppression towards women, discrimination and the burden produced by discriminatory attitudes towards women are all due to the absence of gender equality. Gender inequality in their view does not occur naturally but is a form of culture (nurture) that arises where one of the factors that produces it is religious factors.
The opinion of these activists who reject the idea of the polygamy law has been voiced loud and clear. They have described it as a major issue that they will fight against in order that the people support Justice and Gender Equality. There are many other laws of Islam which are also said to be the cause of gender inequality such as the wife being obliged to be obedient towards her husband, behavior and punishment towards a rebellious wife, division of inheritance, divorce rights and others.

For example, ‘Musawah' which means 'fairness' or 'equality' is a movement pioneered by Sisters In Islam (SIS) for what they claimed to be 'justice' and 'equality'. It has been established through ongoing efforts by women's groups and activists for a few decades in Muslim communities and countries. Through the Musawah Global Meeting held on 13-17th February 2009, they organized a campaign to reform the Islamic Family Law that they claim discriminates against women. The campaign also opposed any amendments demanded by conservatives in the society which they termed as ‘outdated'. Generally, the ‘Musawah' principle is as follows:

a) Equality, non-discrimination, fairness and dignity as the basis of all human relations

b) Full and equal; citizenship for every individual

c) Marriage and family relations based on principles of equality and justice
When the Islamic law is neglected and the principles of liberal Human Rights, which is the essence of the capitalist ideology and Secular-Capitalist-Democracy, becomes the source of reference, and the program of Gender Equality is realized, we can imagine the consequences that will result. The fire of liberalization will definitely be uncontrollable and become a catastrophe for the whole society and the family institution will deteriorate and be destroyed.

Quoting Sheikh Taqiuddin an-Nabhani's words in the book entitled ‘Nizamul Ijtima'ie fil Islam' (Social System in Islam), it can be concluded simply that the idea of these Muslim feminist is to make equality (al-musawah) as a stepping stone to reach the rights of women. In other words, the basis of feminism is the equal rights and roles of men and women. According to Yunahar Ilyas in "Feminism in the Study of Classical and Contemporary Tafsir Al Quran" (1977), apart from fulfilling the criteria which is possessing awareness on gender inequalities which has became the "red thread" for all the believers of feminism, they must question the teachings of Islam.

The misled claims of these feminists is that the principles of justice and equality promoted by the Qur'an has not been implemented due to the mufassireen being dominated by men who have produced an interpretation of the Qur'an (tafsir) that support the doctrine which lifts the dignity of men and justifies the superiority of men. According to this false conclusion on the writing of Muslim scholars, Muslim feminists therefore strive to obtain the gender equality they dream of by cancelling and replacing Islamic laws which they consider incompatible with the concept of equality between men and women with secular ones. However, they do not call it a 'replacement' or 'cancellation' of the Islamic law but instead use the word 'reinterpretation', 'reconstruction of sharia,' 're-reading the sacred text' and more which portrays that Islamic Law is confusing or has been interpreted incorrectly and that is why it should be straightened out by Islamic feminists.

The mujtahid or mufassir whose istinbath laws (hukums) that allegedly sustain gender inequality are considered as maintaining male domination and oppression of women. In fact, some go further by concluding that the laws in the Qur'an give an advantage to men, especially in the matter of the estate and inheritance, leadership and family.

Islam came with Islamic rules and regulations prescribed upon men and women in the form of rights, responsibilities and obligations which can be divided into 3 parts:

1) Specific to men. The Creator has set some rules and regulations that are specifically for men. Among them is that men are the protectors/maintainers (Qawaamah) in the household as stated in Surah An-Nisa (4) verse 34:

((ٱلرِّجَالُ قَوَّٲمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعۡضَهُمۡ عَلَىٰ بَعۡضٍ۬ وَبِمَآ أَنفَقُواْ مِنۡ أَمۡوَٲلِهِمۡ‌ۚ))

"Men are the protectors and maintainers of women because Allah has made one of them to excel the other, and because they spend (to support them) from their means."

Apart from aspects of qawama, Islam also has specified that only men can be involved in aspects of ruling, based on the hadith of the Prophet (saw):

«لَنْ يُفْلِحَ قَوْمٌ وَلَّوْا أَمْرَهُمْ اِمْرَأَة»

"People who submit their affairs to a woman will never gain benefit." [Bukhari, An- Nasa'i, and Ahmad through Abu Bakrah]

This also includes being the Qadhi Mazalim which is the judge of the court of unjust acts which addresses negligence or injustice enacted by those in ruling or by employees of the state. Additionally, men can marry a maximum of four women at a time as specified in Surah Nisa,

وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانكِحُوا مَا طَابَ لَكُم مِّنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ۚ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا ﴿٣﴾ وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً ۚ فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا

"And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice]. And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease." [TMQ An-Nisa: 3-4]

Men can also be the imam in prayer, and be the wali in marriage. They are also the ones who provide dowry (mahr) upon marriage to their wives, are obliged to financially maintain their families, and possesses the right to pronounce the Talaq in divorce as specified in the Qur'an and Sunnah.

2) Specific to women. Allah (swt) has specified the rules and regulations that are specific to women, such as the laws pertaining to birth, breastfeeding, and childcare (child custody/hadhanah). The testimony of one woman is also accepted in matters that have no involvement of men such as crimes happening in women-only places, crimes relating to virginity, widows or breastfeeding. Allah (swt) has also set the right of inheritance of women to be half of her brother in certain cases, while her brother is obliged to fulfil her living necessities if she is not maintained by a husband or father, even though the brother may be poor and she may be able to work. Women also must adhere to a certain dress-code in the presence of non-mahrem men or in public life: that is khimar (headscarf) and jilbab (outer garment) in public places and are prohibited from tabarruj (beautifying themselves in the presence of non-mahrem men).

Women are also Ummu wa rabbatul bait, (mother and manager of the household). Indeed, the manager of the household does not mean that the woman is the maid or servant (khadam) but it means that the woman is the manager of her family and the person responsible for it, as mentioned in the hadeeth narrated by al-Bukhari and Muslim from Abdullah ibn Umar (ra) that the Messenger of Allah (saw) said,

كلكم راع وكلكم مسئول عن رعيته، فالإمام راع ومسئول عن رعيته، والرجل راع في أهل بيته ومسئول عن رعتيه، والمرأة راعية في بيت زوجها ومسئولة عن رعيتها، والخادم راع في مال سيده ومسئول عن رعيته

"Every one of you is a shepherd and is responsible for his flock. The leader of people is a guardian and is responsible for his subjects. A man is the guardian of his family and he is responsible for them. A woman is the guardian of her husband's home and his children and she is responsible for them. The servant of a man is a guardian of the property of his master and he is responsible for it. Surely, every one of you is a shepherd and responsible for his flock."

Thus, the woman is a guardian of her home and children and she is responsible for what she guards. She is a leader in educating her children, in teaching them, instilling good manners in them, and developing their thinking. In order for women to perform this role, she must prepare herself by learning knowledge and knowledge of Islamic law as much as she requires which enables her to carry out her obligation completely. Men, whether father, brother or husband must provide these for her. Her role as a mother being the pillar in the building of good, strong characters in her children is a matter which is not theoretical or imaginary. When Allah (swt) wanted to give an example to those who believe, He chose to give examples of a number of women - such as Asiya the wife of Pharun and Maryam, the mother of Prophet Isa (as) as models of great personalities who were also involved in raising great personalities. Similarly, the Prophet (saw) said,

«خذوا شطر دينكم عن هذه الحميراء»

"Take half your religion from Aisyah al-Humaira ' who is the Mother of mu'minin."

There is no doubt that this places the responsibility on women, that they should first look towards themselves with deep and true insights, until they can see and feel the majesty of the place of Islam and understand that it is the heart of family and community life. Indeed, she serves in both the home and the good of her family, and she is responsible to ensure that Allah will be remembered in a great amount in her home. She must make sure that Allah (swt) is sanctified and praised in the morning and evening in her home. She must ensure that prayers are performed, and the Quran is recited in her home. While her children are educated in the same way she educates herself to shoulder the dawah, sacrifice and give in the cause of Allah (swt), while human interference or the government cannot harm them.

iii) In General. General forms of Islamic law are prescribed upon men and women in their capacity as human beings. In this case, we did not find differences in taklif hokum (Shari' obligations). For example, there is no discrimination between men and women in calling people to embrace the righteous faith, spreading dawah, learning knowledge and teaching it, commanding the Ma'ruf and forbidding the Munkar, electing the ruler and accounting him. In the aspects of worship, Islam has specified that prayer, fasting, pilgrimage and paying zakat is a responsibility to be borne by both men and women. Similarly, the rules relating to akhlaq (manners and morals), trade, contracts, occupation (Ijarah), representation (wakalah), accountability (kafalah) and penalties (uqubat) such as hudud, jinayah, takzir on the transgression of the Laws of Allah (swt) are the same for men and women. In Surah al-Ahzab, verse 35, Allah (swt) says,

إِنَّ ٱلۡمُسۡلِمِينَ وَٱلۡمُسۡلِمَـٰتِ وَٱلۡمُؤۡمِنِينَ وَٱلۡمُؤۡمِنَـٰتِ وَٱلۡقَـٰنِتِينَ وَٱلۡقَـٰنِتَـٰتِ وَٱلصَّـٰدِقِينَ وَٱلصَّـٰدِقَـٰتِ وَٱلصَّـٰبِرِينَ وَٱلصَّـٰبِرَٲتِ وَٱلۡخَـٰشِعِينَ وَٱلۡخَـٰشِعَـٰتِ وَٱلۡمُتَصَدِّقِينَ وَٱلۡمُتَصَدِّقَـٰتِ وَٱلصَّـٰٓٮِٕمِينَ وَٱلصَّـٰٓٮِٕمَـٰتِ وَٱلۡحَـٰفِظِينَ فُرُوجَهُمۡ وَٱلۡحَـٰفِظَـٰتِ وَٱلذَّٲڪِرِينَ ٱللَّهَ كَثِيرً۬ا وَٱلذَّٲڪِرَٲتِ أَعَدَّ ٱللَّهُ لَهُم مَّغۡفِرَةً۬ وَأَجۡرًا عَظِيمً۬ا

"Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so - for them Allah has prepared forgiveness and a great reward." [Surah Al-Ahzab: verse 35].

Therefore, the role of Muslim women is not limited to the home only despite the fact that the role of a mother is originally based in her home but her roles also extends to all aspects of life. This is the beauty of Islam which has arranged the roles of each servant - male and female - in accordance to their ability which He has created upon them. Allah (swt) has not placed the law and responsibility for women which women are not able to carry out as claimed by feminists. Women are not tools to popularize products, or as a backbone of the economy. A woman's primary role in Islam is as a wife and mother and she should be given the support to carry out this role. Women should not be forced to shoulder responsibilities which are ‘mubah' (permitted) such as working. Women also deserve justice in matters related to polygamy and harmony and peace in the household. If the Islamic system is made the guide and applied comprehensively, certainly the struggle for Feminism will not even exist. Therefore, the guardian of the Islamic system is necessary to uphold the rights of women, which is the Khilafah "Caliphate" state.

Written for The Central Media Office of Hizb ut Tahrir by
Sumayyah Amar
Member of the Central Media Office of Hizb ut Tahrir