5 - Abortion in Malaysia: challenges and necessity

Summary

Introduction

Malaysia is a country located in South East Asia. It is composed of two areas, Peninsula Malaysia (the west) and East Malaysia (Sarawak and Sabah). Malaysia's population is diverse and mixed, in which ethnic Malays and indigenous communities of Peninsular Malaysia, Sabah, and Sarawak (collectively called Bumiputera, which means ‘son of the soil’) form the largest groups, followed by Chinese, Indians and other smaller ethnic groups. The population was estimated at 32 million in 2021. Bahasa Malaysia (Melayu) is the official language, though English is widely used in businesses.

Malaysia is governed through a federation consisting of 13 states and three federal territories. It is a federal constitutional monarchy with a House of Representatives (Dewan Rakyat) and a Senate (Dewan Negara). The head of state is the Paramount Ruler (Yang di-Pertuan Agong), and the head of government is the Prime Minister. The majority of Malaysians are followers of the Sunni sect and diligently observe the Shafi’i school of thought (mazhab); hence, all fatwas (religious opinions) are issued according to the teachings of the Shafi’i's mazhab.

Islam is the official religion within the Malaysian Federal Constitution and plays a notable role in Malaysia's legal system (Wan Muhammad and Affan Shafy, 2020). Malaysia has civil and Syariah courts and civil law applies to both Muslims and non-Muslims. Islamic law, or Shari’ah law, applies to Muslims only and covers specific areas, that is personal and family issues, waqf (donated assets), and zakat and fitrah (almsgiving). It also applies to Baitul Mal (the state treasury), and mosques. Shari’ah offences for Muslims that are against the precepts of Islam, Syariah courts, the control and propagation of doctrines and beliefs among Muslims, are also part of the determination of matters of Islamic law (Chin and Abdul Hadi, 2021). Matters related to Shari’ah are put under state jurisdictions.

Prior to the Islamic revivalism in the 1980s Malaysia was known to be a liberal country. The electronic and print media were allowed advertisements promoting alcohol and tobacco. Muslim women were shown in ‘sarong’ tied at the bosom and bikinis at the river or beach. Such examples were attributed to Malaysia being previously exposed to Western culture and norms after being colonised for more than 400 years by Western powers such as the Portuguese, Dutch and British (Bakti, 2015: 6).