Femme Fatalism - Doctrine of Coverture

The complaint is females are given the short end of the stick in a Syariah Court. It is not my intention to defend this allegation on a purely abstract or academic line. The use of the verse in 2:282 of the Quran as a basis that women are less worthy than men is short sighted and do not take into account other verses, like 24:6-9. Where l am coming from is the practical application of Syariah laws in Brunei.

Admittedly there are weaknesses in the practice of Syariah laws in Brunei. It does not help that we have a dual system of justice where the Syariah courts had for more than a hundred years been made out to be a system predominantly for marriage and inheritance dictated by the political agenda of the colonial masters. The shackle of colonisation had been broken, but the shackling had caused the Syariah system to be years behind the English system. One area where there is need for greater improvement is assistance to the female sex. This will be elaborated at another time.

The implementation of syariah laws is adverse to womenhood, however the English Common Law fairs worse historically for it had enshrined in it the doctrine of coverture which made women non independent human beings - denying them the right to sue or be sued, the right to independently enter into a contract or make a will and which virtually turn over all of the women's property to her husband upon marriage. A married woman thus lost all rights to be an independent being because of marriage because of this doctrine of coverture.

A little known fact is that it was only on the 1st August 1999, that the rights of married women was formally recognised by the legislature of Brunei with the passing of the Married Women Act. Chapter 190. Section 6 of this Act states what many thoughts was a given to all women:

6. Subject to the provisions of this Act, a married woman shall —
(a) be capable of acquiring, holding and disposing of, any
property;
(b) be capable of rendering herself, and being rendered, liable in
respect of any tort, contract, debt or obligation;
(c) be capable of suing and being sued in her own name either
in tort or in contract or otherwise and shall be entitled to all remedies
and redress for all purposes; and
(d) be subject to the law relating to bankruptcy and to the
enforcement of judgments and orders,

in all respects as if she were a feme sole.