A South Auckland woman who successfully challenged her local Muslim association over its treatment of women says the victory came at a significant personal cost but paves the way for greater female participation in New Zealand’s Muslim community.
The Human Rights Review Tribunal this week found that the South Auckland Muslim Association (Sama) breached a settlement agreement requiring it to promote female involvement at executive levels.
The tribunal’s decision is being hailed as a landmark for gender equality within religious organisations.
"It’s significant because it provides a platform for women to actively participate in the Muslim community, which allows them the confidence to participate in the wider community," said Shama Nisha, the woman behind the complaint.
Nisha, a Fiji-born Muslim who moved to New Zealand in the mid-1990s, described the legal battle as a long and taxing journey.
"I haven’t been welcomed in the Muslim community very much because, you know, they’ve classed me as a bad woman. They’ve made it like I’d taken the mosque to court, which is bringing shame to them," she told NZME.
The tribunal case centred around events at Sama’s annual meeting in late 2020, where Nisha said she was treated less favourably than male members. Her complaint, filed in 2021, resulted in a settlement agreement that included mentoring and support for female members to encourage their participation at executive levels.
However, Nisha alleged that Sama failed to uphold its commitments, leading to further legal action ahead of the association’s 2022 annual meeting.
Pressure to Withdraw
Nisha recounted being pressured to withdraw her nomination for Sama’s executive committee.
"It was kind of expected that that’s what the men would do. I was put under a lot of pressure, and my family was put under a lot of pressure to withdraw, but I stood by it and my husband stood by me. He was basically my rock," she said.
Despite the obstacles, her nomination was ultimately accepted, though she received only eight votes compared to the 75 and 82 votes received by two male candidates.
The tribunal criticised Sama’s handling of the situation, stating:
"Rather than being encouraged and supported, the undisputed evidence was that she was discouraged from an attempt to seek nomination."
The tribunal awarded Nisha $5000 in damages, acknowledging the breach had caused her humiliation and emotional distress but emphasising her primary focus on systemic change rather than financial compensation.
Path to Change
The tribunal ordered Sama to hold annual gatherings of its women’s chapter in 2025 and 2026 to provide mentoring and support for female members.
Nisha said the decision was not just a personal victory but a step forward for women across all communities.
"This acknowledges that women are part of the community and part of society, and they have the right to participation," she said.
Efforts to reach the South Auckland Muslim Association for comment have been unsuccessful.