Domestic Violence against Women in Malaysia - Essay Example

Domestic Violence against Women in Malaysia Executive Summary There is a limited knowledge about the Malaysian women, who have been experiencing domestic violence regularly in the society. This study emphasizes on the understanding of the life of Malaysian women, their culture and background and the experiences they have gained from domestic violence and abuse. In order to understand the issue the topic has been introduced with a background of the issue. In the introduction, different types of abuses have been mentioned in order to explain the readers about the severity of the problems. Domestic violence is the process of harassment that includes physical or mental abuse to a domestic partner. A domestic partner can be a married partner or unmarried partner staying together. After the introduction, the statement of the problem related to domestic violence is provided along with the research and scope of the study. In the second chapter, the Historical background of Malaysia has been mentioned. This section would help to understand the culture and values that exist in the country. Furthermore, it will allow the readers to gain an interest about the topic after knowing the historical values of the country. In this section different issue related to Malaysian society has also been discussed. Domestic Violence in Malaysia has been discussed in this section along with the regulations and support system that protect women from the abuses. In the third chapter some regulations that protect the women have been discussed thoroughly. In the fourth chapter the gaps in the regulations have been mentioned. The fourth chapter provides information about the limitations of the laws and regulations that have been incorporated in Malaysia against domestic violence. The fifth chapter is very important because it provides the literature review of the essay. In the fifth chapter the rights and positions of the Muslim women residing in Malaysia has been discussed. This section also mentions about the preaching of Islamic culture and information about the Sharia Law. In this chapter some theories about the causes of domestic violence has been provided along with the conceptual framework of domestic violence in Malaysia. The gaps in the literature has also been mentioned in the section due to which the issues related to domestic violence in Malaysia has not been in regular discussion by other nations. The sixth chapter provides information about the different type of disturbances and injuries that females of Malaysia had to experience. Finally, some recommendations have been provided in the seventh chapter in order to bridge the gap between the issues of domestic violence and the regulations. In this chapter, the strength and limitation of the study has also been discussed because it would help the readers to continue the work and express innovative ideas related to the topic. The directions for future studies have also been mentioned in this section because it would help to continue the research on other issues that could not be covered in this essay. The essay has been concluded in the eighth chapter covering all the essential topics from the discussions. Table of Contents Executive Summary 2 Chapter 1: Introduction 6 Background 6 The Research 8 Chapter 2: The Malaysian Context 9 Overview of Malaysia 9 Family Life in Malaysian Society 9 Domestic Violence in Malaysia 10 Chapter 3: Regulations 12 Family Law 12 Sharia Law 12 Domestic Violence Act 1994 12 Penal Code 13 CEDAW 13 Chapter 4: Problem or Gaps in the Regulations 13 Chapter 5: Literature Review 14 Islam and Violence against women 14 Theoretical Explanations 15 Conceptual Framework 15 Gaps in the Literature 16 Chapter 6: Impacts of Domestic Violence on Abused Women 16 Key Findings and Discussion 16 Chapter 7: Recommendations 17 Recommendations for Change 17 Agenda for Future Research 18 Chapter 8: Conclusion 19 References 20 Chapter 1: Introduction Background Any incident that involves threatening behaviour, abuse or violence including physical, sexual, psychological, emotional or financial abuse between two adults who have been intimate partners regardless of sexuality or gender is termed as domestic violence1. It has been estimated that around 39 percent of the Malaysian women have been abused by their domestic partners in the past few years. Domestic violence in Malaysia is a significant, but often a hidden social problem. Based on the Malaysian law it has been recorded that women are the major victims of domestic violence ranging between age group of 15-40 in the society2. Physical abuse is a forceful physical behaviour or a threat of harm that is accidental or intentional and causes property destruction or bodily harm. It includes biting, hitting, slapping, kicking, shoving, burning etc3. Sexual abuse is a forced sexual behaviour or act motivated to acquire control over the partner. Sexual abuse includes forced sexual contact as well as humiliating the victim in regards to sexual performance or body4. Emotional abuse is referred to the use of words, action or lack of action in order to control, demean or hurt another person. It includes verbal threats or humiliating the victim in front of family and friends5. The process of isolating the partner from society and cursing or blaming continuously in order to gain control is known as psychological abuse. It includes extensive interference in personal life and relations of victims and threatening them.6 Financial abuse is the misuse or use of partner’s monetary resources without freely given consent. It also includes forbidding partner to work or forging their signatures on financial documents7. Identity abuse is the process of demeaning personal characteristics in order to control the partner. This category of abuse includes mistreating the victim based on sexism, racism, ageism, good-looks etc8. Women have been experiencing a profound change regarding their status in the society since independence in 1957. Based on a WHO research conducted in Malaysia regarding domestic violence it has been observed that about 36 percent of married and unmarried women are mistreated in Malaysia. Malaysia is a male dominating society and women are constantly abused against their work, personal relationships, basic-requirements and good-look. Some of the women have reported that they feel unsafe to stay with their domestic partners as they are physically, sexually and emotionally tortured regularly. The police and law making officials do-not entertain the problems of the women and they are motivated to be patient while dealing with their domestic partners. Overall the women’s rights are not being incorporated effectively in the Malaysian society and they are left to suffer9. The Research Women of Malaysia have been experiencing violence and abuse from their domestic partners and it has resulted in loss of life and property of the victims, despite the existence of Women empowerment laws in the country10. This research aims at illustrating the problems associated with domestic violence and recommending some solutions for their betterment11. There are several problems in Malaysian society related to domestic violence. This purpose of this essay is to focus on the violence and abuse on women, the acts and regulations of Malaysia and the limitations of the acts in real-time12. Chapter 2: The Malaysian Context Overview of Malaysia Malaysia is a country located in South East Asia. The course of Malaysian history has been classified by its deliberate position at one of the major crossroads in the world. The tropical climate, regime of south-east and north-east monsoons and the surrounding environment has been a centre point of attraction for traders from the West and the East. The Malaysian society originated in the 14th century in the Malaya Kingdom. In the 15th century the Chinese and Indian traders arrived in the country and their population vacated Malaysia from since then, and it is clearly visible from the cultures of Malaysia. The European power rose in the region until the 18th century and in the same period the British Colonial power influenced the entire region until 195713. Malaysia has a total land area of 329,758 square kilometres. Malaysia comprises of 13 states and three union territories. The country is represented by diverse culture and multiple ethnic groups. The total population of Malaysia is calculated to be 30,073,353 as in July 2014. The total dependency ratio of Malaysia is 45.5 percent and the urbanization is 72.8 percent of the total population. Malaysia is a male dominated country and the total population comprises of 1.03 male(s)/female14. Family Life in Malaysian Society There are mainly five common social issues in Malaysia i.e. human trafficking, suicide, pet dumping, unwanted pregnancies and pesticide issues. Human trafficking rate very high and Malaysia has been placed on a Tier 2 watch list by the US in 2011.Similarly, high rate of suicide issues and unwanted pregnancy has become major concern for the country15. Malaysian economic condition is destabilized because of high population growth in the country. Malaysia mainly depends on two export products tin, whose known reserves are rapidly depleted and rubber, whose price is falling steadily in the world. There is an uneven distribution of income in the country due to which poverty has affected majority of the population16. It has been observed that the number of males is 1.03 per female which shows that Malaysia is a male dominating society. The urban populations of Malaysia consist of an even female population but in the rural areas females are outnumbered compared to males17. In the Malay community weddings are generally grand and festive type celebrations. The marriage system is solemnization i.e. it can be held in a mosque or bride’s house and both bride and groom accept each other in front of God. The Malaysian marriages are majorly traditional Muslim style weddings18. Domestic Violence in Malaysia Women of Malaysia are mistreated drastically. However, they are not allowed to share their experiences with others. In Malaysian culture it takes a lot of courage to reveal the abuse by men. It is a shameful situation for both domestic partners. Disclosing partner’s secret about abuse would bring more suffering for the wife and it is also a disrespectful instance in the society19. In 1985, some movements were initiated by the women in Malaysia under the roof of non-governmental organizations known as Joint Action Group. After continuous effort of non-governmental organizations in favour of women Domestic Violation Act 521 was successfully enacted in the year 1994. In the year 1996 the Sharia Law was implemented for the Malaysians which focused on personal law matters such as inheritance, marriage and apostasy20. Domestic Violence Act 521 (1994) is to provide legal protection to victims in case of domestic violence and matters that are incidental. The Act focuses on physical injury of a victim in a domestic relationship. Section 2 of the law regards a person who has gone through a form of ceremony of marriage as spouse. According to Court of Law the provisions of this Act should be read along with the provisions of the Penal Code.21 There are several support systems that are currently working for the betterment of the position of women in the Malaysian society. The non-governmental organizations or women’s group is one of the most active support systems for women rights and domestic violence. Similarly, Accidental and Emergency departments of government hospitals, Royal Malaysian Police force, Legal Aid Bureau and Department of Social Welfare work actively to overcome the issues related to domestic violence22. Chapter 3: Regulations Family Law Malaysia’s Family Law states that, people have their own right to practice their religion. In the year 1982, the law reform Marriage and Divorce Act 1976 was incorporated in Malaysia. The Act does not apply to Muslims. It also consolidates and amends maintenance of spouses and former spouses along with children and matrimonial property23. Sharia Law Sharia Law is specially practiced in the Sharia Courts of Malaysia for Muslim lives and affairs. In some cases non-Muslim cases are also judged in the Sharia Courts. Sharia Law aims at uniformity, predictability and certainty of every person24. Domestic Violence Act 1994 Domestic Violence Act 1994 is applicable during the occurrence of physical injuries on men or women. It protects people from getting involved in physical abuse during domestic violence. It also regards two people as spouses based on any social act referred as marriage by people25. Penal Code Penal Code is the main criminal code of Malaysia. According to law every offender is punishable under the penal code. Criminals are accused for the guilt based on the Acts of law and they are punished accordingly under respective Penal Code26. CEDAW CEDAW is known for its Women’s Convention and International Women Rights. CEDAW provides the framework to ensure the advocacy of women’s human rights. The Malaysian Government ratified CEDAW in the year 199527. Chapter 4: Problem or Gaps in the Regulations There are several laws and regulations in place for the betterment of the position of women but the regulations are incorporated in special situations only. For example, Domestic Violence Act 521 (1994) has been incorporated to save women from abuses and harassments during domestic violence however, it has been limited to physical abuse only. The sexual abuse or mental abuse does-not fall under this section and the legal proceedings against the offensive actions are out of the reach of women. Similarly, Family Law is restricted to some scenarios and it does not fall completely under women harassments. Penal Codes can be implemented on the offender only if a certain Act proves him guilty however there is lack of regulations which has affected the life of women drastically in Malaysia. The Court proceedings are very lengthy and the guilty people get enough time to clear the evidences and bribe officials in order to save them. The victims of domestic violence in Malaysia keep suffering and other victims loose the hope of raising their voice against the offences. The abusers are generally the male dominating populations and they have access to government officials and finances. These factors have created a huge gap in the regulations of domestic violence28. Chapter 5: Literature Review Islam and Violence against women The concept of equality for Muslim women is well preserved in Qur’an and the Sharia Law. Qur’an states that Muslim women have been granted some privileges over men such as maintaining religious duties, inheritance to property, financial liabilities etc. Men on the other hand have been given the power to protect their family from poverty and danger. There is no room for violence in Muslim community according to Qur’an and Sharia Law. Even though light beating of the wife is granted in Islam in very sensitive cases men must refrain from such activities according to Holy Qur’an. Beating has been described as divorce in extreme cases but overall Sharia and Islam does not allow men to torture or abuse their wife in any cases, it is completely unethical. Islam and the holy Qur’an strongly denies domestic violence however, some societies have adopted misleading concept of wife beating and admitted themselves in violent and abusive actions. Some people believe that keeping their spouse in control would preserve the honour of the husband and the family members. Since the women have been trained from beginning to surrender before their husband the issues related to domestic violence has increased drastically in due course of time. Theoretical Explanations Psychological framework of domestic violence focuses on the behaviour of the offender such as deviant behaviour. Social learning theory explains that violent behaviour comes to person by watching other’s behaviour. Domestic violence in males can be in existence due to past experiences of violence and abuse on them. On the other hand, the cycle of violence theory explains that the violent behaviour in men emerges due to provocation of women after a certain phase in a marital relation. Conceptual Framework This conceptual framework explains that the experiences of women during domestic violence are related to the disclosure of barriers, impact of individual and resources for women victims. Each and every factor is important because they lead to occurrence of domestic violence and women experiences are made bitter especially for Malaysian females. Gaps in the Literature It has been observed that there is a huge gap in the research of domestic violence between eastern countries and western countries. The Malaysian women might not have been given importance by the rest part of the world due to lack of proper literature. Secondly, several areas regarding domestic violence of Malaysia is still under research. Studies have majorly been done on well-being and health issues in Malaysia but the domestic violence against women is not illustrated descriptively. Chapter 6: Impacts of Domestic Violence on Abused Women Key Findings and Discussion Physical injuries have been very significant in domestic violence cases. It has been observed that majority of the victims of domestic violence in Malaysia suffered from physical injuries such as back pain, bruises in face and burns in their bodies. The Kuala Lumpur hospital has also reported several death cases that occurred due to physical injuries among Malaysian women due to domestic violence29. Mental disturbances are very common in every society however it is very high among Malaysian women. Most of the women in Malaysia suffer from trauma and fear from their spouse due to continuous abuse by their domestic partners during their stay together. Males have also been found to abuse their wives in front of their family and friends just for fun and honour30. Exclusion from the social networking and society is very common among Muslim women in Malaysia. The Muslim men believe that females should not be outside the houses and they should not meet any unknown person. This kind of belief has traumatized the life of many women. Women feel stressed working at the same house without any breaks31. The experience of domestic violence has strong negative influence on children. Children are believed to be good learners and they learn from what they see. Hence, the abuse on women and violence can induce negative thoughts in the mind of children leading them to notorious activities32. Chapter 7: Recommendations Recommendations for Change There should be increased participation of governmental and non-governmental organizations towards women empowerment. Significant steps should be taken to mitigate the problems associated with domestic violence including individual counselling and marriage counselling. Career coaching and spiritual guidance should be made mandatory by government for both men and women. Professionals who work for domestic violence survivors should be provided knowledge related to current developments in this area. Domestic violence screening test and mandatory reporting should be made essential for hospitals and medical facilities in order to reduce the occurrence of same instances. Education is the most essential forum to fight against issues related to domestic violence. First of all women should be taught about resources that are available for domestic violence. Secondly, mandatory teachings should be developed in schools and colleges to remove issues related to domestic violence completely from the Malaysian society. Even after 56 years of independence women have to fight for the right to equality in the Malaysian society. Some serious considerations are required to be made in order to incorporate law enforcement against domestic violence. The police and the government should work together for the benefit and right of women. Domestic Violence Acts such as DV Act 521 should be implemented flawlessly in order to secure the life of the women in Malaysia. Media and television partners can play vital role to raise awareness related to domestic violence in Malaysia. The social media can also be helpful for teenage girls and boys. Television and radio should provide awareness programs for people in order to make them understand the consequences of domestic violence. The criminal justice response would play a vital role to reduce domestic violence from Malaysia. The police system should be very conscious while recording domestic violence incidents. The Justice and Court of Law should have strong penal codes for offenders participating in domestic violence. These actions would definitely encourage women empowerment and reduce domestic violence from the society. Agenda for Future Research This essay offers detailed descriptions on the issues related to domestic violence that will help to develop new approaches towards recommendations. Strength of the essay is the information about the regulations that has been provided in Chapter 3. It will provide innovative ideas for readers to deal with the issues related to domestic violence. In order to develop the paper more accurately a quantitative analysis should have been performed along with a qualitative analysis because it would help to get the exact information about the issue. This study majorly focuses on domestic violence however there are several other issues in Malaysia that should also have been important for discussion. Upcoming researches can focus on male perspective on domestic violence, battered women parenting, active participation of health care providers in domestic violence issues and Descriptive views of Islam on domestic violence and abuse on women. Chapter 8: Conclusion Based on the above discussion it is possible to state that domestic violence has become a major issue among Malaysian women. Majority of the female population in Malaysia experience abuse and domestic violence from their male partners. There are several Acts and regulations that preserve women rights but they are not incorporated appropriately by law makers and the Malaysian police. The government and non-government agencies should motivate women to raise their voice against domestic violence. Social awareness is very essential in eastern countries such as Malaysia therefore media can play a vital role in this issue. Finally it can be stated that, the above recommendation plans need to be considered in order to bring significant change in the society. References Primary Sources Khoo, B., Democracy in Malaysia, New Jersey, Pearson, 2002. Mohamad, M., Family Ambiguity and Domestic Violence, New York, Springer, 2000. Pickup, F., Ending violence against women, London, Routledge, 2001. Sweetman, C., Violence against women, London, Routledge, 2008. Verma, V., Malaysia State and Civil Society, New York, Springer, 2002. Secondary Sources Ambrose, P., Domestic Violence, New Jersey, John Wiley & Sons, 2012. Bagshaw, D., Mediation in the Asia-Pacific Region, New York, Oxford University Press, 2009. Bauer, J., The East Asian Challenge for Human Rights, London, Oxford University Press, 2009. Bennett, L., Violence against Women is Asian Societies, London, Routledge, 2013. Budel, C., Due Diligence and its application to protect women, Munich, GRIN Verlag, 2008. 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