This woman decides if men can take a second wife

Justice Nenney Shushaidah is Malaysia's first Shariah High Court Judge

Malaysia's first female Shariah high court judge, Justice Nenney Shushaidah deals with cases where men seek second marriages, BBC reported on Tuesday.

Nenney deals with more than five of such trials in a day and over 80 in a week. She believes that in her capacity as a Shariah expert she can work towards protecting women in Muslim-majority nations.

She leads the bench in cases ranging from financial disputes to social issues, often involving young Muslims but her expertise is mainly in child custody and cases of polygamy- considered legal in Malaysia in adherence to the Shariah codes. However, there are many factors she considers before ruling in favour of a second marriage.



"Every case is complex and different," she explained. "You can't generalise Islamic law and say it favours men and treats women badly... I want to correct that misconception."

All those involved are required to be present in the court.

"I make it a point to speak with women to find out if they are on board with the arrangement. It is important that they agree to it because if I see any signs that say otherwise then I won't grant permission."

"I am a female and I can understand most women would not like the idea. But it is allowed under Islam, and our Malaysian courts have enacted strict laws to govern this," she added.

"A man has to have very strong reasons for wanting another marriage," she said.

"He must show he can look after the welfare of his first wife as well as the woman who comes after. He is not allowed to neglect the needs of anyone."

Judge Shushaidah also pointed out that some wives are okay with the idea of their husband taking another wife. One such example was of a woman who was seriously ill woman and could no longer bear children.



"She loved her husband and wanted me to grant him permission to marry a second wife. So I did."

Women rights group "Sisters in Islam" stressed that there is a dearth of female representation in the courts and "strong sense of patriarchy" pervades in the system.

"The Sharia legal context in Malaysia not only selectively discriminates against women, it vilifies them as the cause of social immoralities," said spokesperson Majidah Hashim.

This article originally appeared in BBC.