KUALA LUMPUR (March 6): Chief Justice (CJ) Tun Tengku Maimun Tuan Mat on Thursday shared her experience of being the first female CJ in Malaysia, her gender struggles in being a judge, but emphasised that during her tenure, she stressed on a firm commitment to upholding the Rule of Law and safeguarding judicial independence.

Tengku Maimun, in delivering her speech at the Annual Convention of the Philippine Women Judges Association (PWJA) in Manila, the Philippines, said that gender-related challenges are not unique to her, as she shared it with countless other women striving for excellence in their careers while fulfilling their familial roles.

“The most significant would be to balance professional responsibilities with domestic duties. Despite significant social and economic progress, traditional expectations remain deeply entrenched. Women are still largely expected to manage household responsibilities and care for children, regardless of their professional standing.

“Career success does not exempt women from these obligations, often forcing difficult trade-offs between work and personal life. Overcoming this challenge requires not only personal resilience, but also the unwavering support of family, particularly one’s spouse, in sharing these responsibilities and empowering women to thrive both at home and in their careers.”

Tengku Maimun, who turns 66 in July and whose tenure as CJ can only be extended for a period of six months, said that she was fortunate in getting the family support she needed since she began work with the Judicial and Legal Service Malaysia in 1986.

Despite her achievement of being the top judge, she is aware that it remains rare for women to helm the judiciary, and this was due to pervasive stereotypes against women as leaders.

“Having broken the proverbial ‘glass ceiling’, I have certainly encountered formidable challenges throughout my tenure. Again, most of these challenges have not been a consequence of my gender, but are instead inherent to the role itself — challenges faced by all judges and, in particular, those entrusted with leading an independent judiciary,” she said.

Tengku Maimun said the role of CJ carries responsibilities that extend far beyond issues of gender.

“Whoever occupies such office remains bound by the duty to uphold the Rule of Law, defend judicial independence and preserve public confidence in the judiciary, particularly in times of crisis,” she said.

“When I assumed office, the Malaysian judiciary was facing one of its most turbulent periods. Its reputation had been severely undermined by allegations of abuse of power and controversies involving senior judges.

“The perception that the judiciary was subservient to the executive had taken root, casting a shadow over public confidence in the institution. Confronting and dispelling this perception, and restoring the image of the judiciary, was and still is one of the greatest challenges I face,” she remarked.

Tengku Maimun did not elaborate nor allude to what she was referencing in regard to the “turbulent period”. But, in 2017, two years prior to Tengku Maimun’s ascension as CJ, then-CJ Tun Md Raus Sharif and then-Court of Appeal president Tan Sri Zulkefli Ahmad Makinuddin had had their tenures extended far beyond the mandatory retirement age of 66 and the limited one-off six months’ extension that can be accorded to Federal Court judges (a COA president is ranked as a Federal Court judge). This extra extension was based on then-prime minister Datuk Seri Najib Razak's decision.

Following that, at the launching of the Legal Year 2018, the Malaysian Bar president had boycotted the launch by Md Raus.  

Tengku Maimun said that upon her appointment, she emphasised a firm commitment to upholding the Rule of Law and safeguarding judicial independence.

Nonetheless, the task of restoring public trust in the judiciary required far more than a mere declaration of these principles.

“It necessitated concrete and deliberate actions aimed at reaffirming the integrity of the institution. This required me to take decisive steps to strengthen the judiciary’s impartiality, reinforce ethical standards. and ensure that judgments were rendered without fear or favour.

“Every decision, every reform, and every measure undertaken, was guided by the fundamental principle that the judiciary must remain an unassailable pillar of justice. The process of rebuilding public confidence was neither immediate nor easy; but through perseverance and collective effort, we have successfully reaffirmed the Malaysian judiciary’s standing as a truly independent institution, one that is accountable only to the law and the Federal Constitution,” Tengku Maimun said.

Tengku Maimun, who is also the president of the Asean Law Association, recounted her early experience as a magistrate, where she received a commendation from a former Federal Court judge in congratulating her for writing a short and concise judgment.

She is also the only CJ who has served the country under four prime ministers since 2019 — from Tun Dr Mahathir Mohamad who appointed her, to Datuk Seri Anwar Ibrahim, the present PM.

Tengku Maimun also shared her experience of being the only dissenting judge at the Court of Appeal, in forcing the police to search for M Indira Gandhi’s husband, who had run away with their youngest daughter after converting to Islam.

To her, the case did not merely relate to the rights of the mother and father, but concerned the administration of justice as a whole.

“At its core, it was a question of upholding the Rule of Law and ensuring that a validly issued order of the High Court was enforced. The inspector general of police had a clear statutory duty to execute the warrant of committal and the recovery order issued by the High Court. His refusal to do so, based on the existence of a seemingly conflicting order from a court that lacked jurisdiction over the matter, was not legally justifiable.

“For taking this position, I have faced criticism from some, who claim that I was acting against Islam. My response is simple. This was never a question of religion, but a matter of fairness and justice. That said, fairness and justice is also what Islam is about.

“No mother should be deprived of her child, nor vice versa, absent any legally justifiable reason having regard to the best interests of the child as the paramount consideration. The enforcement of a valid order issued by the High Court is not a threat to religion, but a necessity in upholding the integrity of the legal system,” she said.

This case reached the Federal Court, where it recognised that a mother’s parental rights are equal to the father, Tengku Maimun said.

“This broad and purposive approach reinforced the constitutional guarantee of equal protection for women under the law, marking a significant step towards gender equality in the Malaysian legal landscape,” she added.

Tengku Maimun said in Malaysia, women are well-represented across all levels of the Judiciary.

“Currently, approximately half of the judges in the Federal Court are women, and their representation extends significantly across both the superior and subordinate courts. Women judges have a lot to contribute to the bench,” she said.

“As more women ascend to the bench, they become role models for young women and girls, showing them that they, too, can aspire to hold positions of authority within the legal system. This visibility has a ripple effect, fostering a more diverse talent pool and encouraging greater diversity in future judicial appointments.”