All women in Malaysia regardless of race, religion, class or marital status are entitled to education and employment, to be engaged in any lawful business, trade or profession, to enter into any contracts in her own name, to sue and be sued and to acquire, hold or dispose off property in her own right. A woman is entitled to protection under the law including freedom from violence, to inherit property from any persons, to vote and be voted in all elections and to hold public office. She has the right to participate in all forms of social, economic and political activities. A women can choose whether or not to marry and to whom. Malaysian women have a right to equality, justice and other basic human rights as more explicitly set out in the Malaysian Federal Constitution (Part II – Fundamental Liberties).
1 Property Rights and Access to Economic Resources
A woman can own property in her own name, operate her own bank accounts, obtain loans and other financial assistance, obtain education and training and operate a business either as a sole proprietor or in partnership or through the incorporation of a company with her as a shareholder and director. (Married Women Act 1957, West Malaysia only).
1.1 For Non-Muslims, under the amended Distribution Act 1958 (with effect on 30.8.1997) women and girl-children are entitled to inherit equally in the property of their relatives who die without a Will, in the following proportions:
|
Mother and/or Father of Deceased |
Spouse (Husband or Wife of Deceased) |
Children (Girls and Boys have equal rights) |
|
¼ share (divided equally between mother and father; if only one parent surviving, the ¼ share to her) |
¼ share (equally divided if more than 1 legal wife) |
½ share to be equally divided among all the children |
|
Parents Deceased |
⅓ share |
⅔ share to be equally divided |
|
Parents Deceased |
Spouse Deceased |
All to children to be equally divided |
|
½ share |
½ share |
None/Deceased |
|
Parents Deceased |
All |
None/Deceased |
(i)
(i) If a person dies without having any surviving parent, spouse or child, then his/her property will be distributed to his/her own relatives in the following order of priority:
(a) Grandparents (if both alive in equal share).
(b) If no grandparents, to brothers and sisters in equal share.
(c) If no grandparents or brothers and sisters, to uncles and aunts in equal shares.
(d) If no relatives, to the Government.
(ii) Property to be distributed to those who are below 18 years old will be held in Trust for them until they reach the age of 18 years.
(iii) A Non-Muslim woman can decide who she wishes to give her property to when she dies by making a Will. If she makes a Will before she marries, she has to make a fresh Will upon her marriage.
1.2 For Muslims, the general rules of inheritance are as follows:
(Ahmad Ibrahim (1997) and the various State Laws and Practices)
(i) For most States generally, the property of the Deceased will be distributed in the following manner:
(a) Rights of Children of Deceased:
· To the male a portion equal to that of two (2) females.
· If only one (1) daughter, her share is ½.
· If only daughters, two (2) or more, their share is ⅔.
(b) Rights of Parents of Deceased:
· If Deceased leaves children, each parent gets 1/6 share.
· If Deceased leaves no children and parents are the only heirs, father get ⅔, and mother gets ⅓ share.
· If Deceased leaves brothers or sisters, mother gets 1/6.
(c) Rights of Husband of Deceased:
· If Deceased leaves no children, husband gets ½.
· If Deceased leaves children, husband gets ¼.
(d) Rights of Wife of Deceased:
· If Deceased leaves no children, wife gets ½ (if more than 1 wife, to share the ½ equally).
· If Deceased leaves children, wife gets ¼ (if more than 1 wife, to share ¼ equally).
· Wife entitled to claim share of Matrimonial Property (Harta Sepencarian) from property held in the husband’s name upon his death before distribution of the remainder of the property in accordance with Muslim rules of inheritance.
(e) Rights of Brother and Sister of Deceased:
· If no ascendants or descendants, each brother and sister gets 1/6 and if more than two (2), they share in ⅓.
Any residual distributions go to the Baitul-Mal (Financial Distribution Department in the Majlis Ugama). Detail calculations can be obtained from the Pendaftar Makhamah Syariah Pulau Pinang (Bahagian Faraid).
(i) The person who causes the death of the Deceased whether intentionally or otherwise will not inherit from the Deceased.
(ii) Illegitimate children can only inherit from the mother.
(iii) A Muslim can dispose up to ⅓ of his/her property by making a Will to those other than his/her heirs for example to adopted children or friends. If he/she wishes to Will away more then ⅓ of the property, the consent of his/her heirs is required. The heirs who are entitled to inherit under “Sijil Faraid” (which is issued by the Majlis Agama) cannot inherit under a Will.
(iv) Wills made in sickness are not valid.
(v) In parts of Negri Sembilan, the law of inheritance is adat perpateh. All ancestral property belongs to the tribe; it vests in the female members but they hold it as trustees for their tribe rather than as owners.
(vi) In Sarawak, the Sarawak Muslim Wills Ordinance (Cap 96) provides for the making of Wills by Muslim. However a Muslim is still required to keep to the Muslim law of inheritance as adopted in Sarawak and as modified by custom.
(vii) In Sabah, the North Borneo Wills Ordinance (Cap 154) does not affect the validity of any Will made by a Muslim according to Islamic law.
(viii) A person nominated to receive money payable on the death of a Muslim nominator under the Employees Provident Fund is still entitled to receive the money as the sole beneficiary, except in Malacca where the nominee will receive the money as an executor and will distribute the money in accordance with Islamic Law.
(ix) A nominee of a Muslim insurance policy owner shall receive the policy moneys payable on the death of the policy owner as an executor and shall distribute the moneys in accordance with Islamic law. (Insurance Act, 1996, S.167)
2. Employment Rights and Economic Participation
A woman can be employed in any job or profession or be engaged in any legal business or trade. As a worker, a woman is entitled to join a trade union, to hold office in one and as a businesswoman she is entitled to join any chamber of Commerce and to stand for office (Malaysian Federal Constitution effective 31st August 1957).
2.1 As an employee, a woman is entitled to all the rights of workers in the Employment Act 1955, which set out the minimum terms of employment. It forbids unfair dismissal and in addition it contains provisions to protect women’s rights such as:
(i) the right not to be sacked on the ground of the woman’s pregnancy or during her maternity leave or for absence from work within 90 days after her maternity leave if due to illness arising from pregnancy;
(ii) the right to maternity leave of 60 days with allowance or pay;
(iii) no night shift except with the Director General of Labour’s exemption to the employer;
(iv) no underground work.
2.2 A woman is entitled not to be subjected to sexual harassment at work and if she is forced to resign as a result of sexual harassment she can lodge a complaint with the Labour Office against her employer for “constructive dismissal” under the Employment Act 1955 and make a police report.
To read about "Rights In Marriage – For Non-Muslims (Including Sabah and Sarawak)", click here.