Saturday, 23 November 2013
Freedom of Thought Conscience Religion or Belief in islam
Statement of Dr. Laila Al-Marayati
U.S. Delegation to the OSCE Implementation Meeting on Human Dimension Issues
October 27, 1998
At previous OSCE meetings, the U.S. Delegation has applauded the expansion of religious liberty in this historic decade. At the same time, we want to address concerns we have regarding the increasing intolerance toward religious and belief groups in many OSCE participating States. The U.S. Delegation has three areas of concern:
Laws That Hinder Religious Practice and Discriminate Among Religious Groups
Recently, several participating States have enacted legislation disproportionately and adversely affecting minority religious communities. The enactment of these laws, the progression toward more state control of religious institutions, and the similarity of these legal provisions in restricting religious communities considered less desirable reflects disturbing intolerance of minority faiths.
Since our last meeting, two new laws have been enacted that restrict religious liberty in Uzbekistan. On May 1, 1998, the parliament of Uzbekistan passed amendments to the 1991 law on religious organizations and the Criminal Code, which blatantly violate virtually every Helsinki commitment on religious liberty. Among other restrictions, the amendments now require 100 Uzbek citizens to sign a religious community's application for registration, criminalize any unregistered religious activity, and penalize free speech based on its religious content. The new amendments particularly affect both non-Russian Orthodox Christian minorities and Muslim communities who want to practice their faith outside Uzbekistan's religious establishment.
Observers note that these amendments to the law merely legalize what has been the practice of the Government of Uzbekistan toward religious groups over the last few years. In December 1997, the Government engaged in a series of crackdowns in the Farghona Valley, in gross violation of human rights and Helsinki principles. Muslims were arbitrarily arrested, detained, tortured, and confessions were forced while in police custody. A number of well-documented cases exist of Muslim leaders who have simply disappeared, under extremely suspicious circumstances. The U.S. Delegation calls on the Government of Uzbekistan to repeal the new law and insure that governmental practices comply with international law and Helsinki principles.
In August 1997, the Parliament of Macedonia passed a religion law that prohibits religious work and rituals from being performed by unregistered communities or groups and requires the signature of 50 citizens for registration. One of the more disturbing sections of the law prohibits the existence of two "religious communities" with the same creed, which in effect establishes the government as the arbiter between religious factions. Some harassment of non-Orthodox religious groups has been reported and Protestant groups complain of being unable to register their churches and obtain regular employment status for their employees in violation of Macedonia's commitment in Paragraph 16.3 of the Vienna Concluding Document to "grant upon their request to communities of believers, practicing or prepared to practice their faith within the constitutional framework of their States, recognition of the status provided for them in the respective countries."
On September 26, 1997, President Boris Yeltsin signed a law containing discriminatory provisions against "new" religious faiths, onerous registration requirements, and vague criteria for "liquidating" religious organizations. Although this law has not led to widespread repression of religious believers and sections of the law are being challenged in the Constitutional Court, it is clear that Russian citizens now have less religious freedom than in 1991. Furthermore, it is clear that certain local officials in Russia are using this law arbitrarily to discriminate against religious organizations whose presence or practices are not to their taste. The Lutheran Church in Tuim, Khakassia, is experiencing a series of harassing lawsuits under the rubric of violation of this law, and was recently ordered closed by local officials. Even in Moscow, city officials have commenced a civil court case to ban a local Jehovah's Witness organization under article 14 of the law presumably because the Jehovah's Witnesses believe they should not accept blood transfusions. The U.S. Delegation acknowledges that there are instances when a government may contravene a fundamental right in the interest of health and safety of society. However, as agreed in the Copenhagen Concluding Document Paragraph 24, any restriction on a fundamental freedom is an exception, must be limited and narrowly tailored to the problem. Banning a religious group based on an aspect of their belief violates this OSCE principle of proportionality.
While no new laws have been passed in Greece and in Turkey, it should be noted that these countries have had constitutional provisions, laws and government policies for many years that violate OSCE commitments on religious liberty. With respect to Greek law, especially onerous are the anti-proselytism provisions, including Article 13 of the Constitution and the Metaxas-era Laws of Necessity 1363/1938 and 1672/1939, which have been used almost exclusively against religious minorities. These statutes have an adverse impact on religious liberty in the Hellenic Republic and are inconsistent with numerous OSCE commitments, including paragraph 16 of the Vienna Document and paragraph 9 of the 1990 Copenhagen Document. We urge repeal of these laws in order to help ensure the freedom of all individuals in Greece to profess and practice their religion or belief.
We are well aware of the controversy surrounding the selection of individuals to serve as Mufti in the Hellenic Republic and understand that relevant Muslim practices vary from country to country. In this regard, we stress the importance of respecting the right of members of the Muslim community to organize themselves according to their own hierarchical and institutional structure, including in the selection, appointment, and replacement of their personnel in a manner consistent with relevant OSCE commitments. We are particularly disturbed over the lengthy prison sentences - a total of 49 months - handed down against Mehmet Emin Aga for "usurping the title of Mufti."
We are also concerned by the burdensome Greek requirements imposed on minority religious communities to obtain special permits issued by "competent ecclesiastical authorities" and the Ministry of National Education and Religious Affairs for the establishment or operation of churches, including places of worship. Reportedly, permission for the construction or repair of places of worship is often difficult or impossible to obtain despite the commitment of OSCE participating States to respect the right of religious communities to establish and maintain freely accessible places of worship or assembly.
Historically non-Orthodox churches have encountered difficulties in securing so-called "House of Prayer" permits although it appears the record for approval of permits is improving. Members of the Muslim community have similarly reported difficulty in securing permission for the repair of mosques, including the Suleymaniye Mosque on Rhodes. The rights of individuals belonging to minority religions or beliefs must be fully respected without discrimination or subordination. In this regard, we are aware of the pending request submitted by a community of the Macedonian Orthodox Church seeking to open a church building to conduct worship services in the Florina area.
The United States remains concerned over the inclusion of religious affiliation on Greek national identity cards. The inclusion of such information on this widely used document could lead to discrimination against individuals from minority religions or beliefs. Accordingly, we urge the repeal of the 1993 identity law. In addition, we urge further action to implement the recommendations of the advisory committee on anti-Semitic references in public school textbooks.
In a positive development, we note the Greek law on conscientious objection that came into force earlier this year and understand that the authorities are instituting arrangements whereby those objectors imprisoned under the old law will be given the option of engaging in alternative civilian social service.
The situation in Turkey remains largely unchanged. Minority religious communities face significant challenges and are occasionally targeted for acts of violence and vandalism. Members of the majority Muslim community may even face restrictions on some religious practices or customs in certain settings. Minority religions not recognized under the 1923 Lausanne Treaty, for example, generally may not acquire additional property for worship services. Even some recognized communities are prevented from fully utilizing existing facilities, such as the Ecumenical Patriarchate's Halki Seminary and the Armenian Apostolic Orthodox Church's Holy Cross Seminary, both closed to theological studies since 1971. In other cases, property of religious communities has been confiscated by the state without compensation. Securing the necessary permission to build new houses of worship or the renovation of existing churches is often difficult, if not impossible, to secure.
While proselytism is not outlawed per se, activist Muslims and evangelical Christians have been jailed in Turkey on the pretext of disturbing the peace for sharing their faith in public. Eight Americans were arrested briefly in March for handing out New Testaments on the streets of Eskisehir.
The United States also takes note that even among states with a longstanding tradition of support for human rights and fundamental freedoms, there have been unfortunate developments legalizing discrimination among religious groups. For example, in December 1997, the Austrian Parliament passed legislation on the "Legal Status of Religious Belief Communities" that established a two-tier system for receiving state funds and other privileges. In the first tier are 12 legally recognized communities, only a few of which could satisfy the pre-requisites to gain such recognition under the new law. For instance, the religious community must have existed for at least twenty years and have a minimum number of members, equal to 0.02% of the population or about 16,000 members.
Organizations that place themselves under government observation for a period of time with the hope of becoming legally recognized comprise the second tier. During the observation period, legal status is denied and the religious organization is liquidated if the government ascertains that the beliefs of the group violate, among other criteria, democratic interests, public security, public order, health and morals, or the protection of the rights and liberties of others. The groups in this tier cannot sponsor foreign religionists for visas and do not have other privileges that the 12 legally recognized communities enjoy. The requirement that the statutes of a religious body must include a description of religious doctrine which is different from the doctrines of existing religious belief communities or churches is of concern to the U.S. Delegation because this establishes the government as the arbiter in theological disputes.
Some religious groups, including a number of independent Protestant churches, are granted the status of "association" and have rudimentary juridical personality to open bank accounts and own property. However, they do not have visiting rights in prisons or hospitals, cannot sponsor foreign co-religionists for visas, and do not have other privileges that the 12 legally recognized communities enjoy. A few groups have been denied "association" status, including the Unification Church, which is barred from countering potentially libelous reports in the press because they do not have legal status under Austrian law. The inherent inequality of this legal structure is of concern to the U.S. Delegation, especially in light of Austria's own authorship of the language in Paragraph 16 of the 1989 Vienna Concluding Document, which calls on the participating States to "foster a climate of mutual tolerance and respect" for all religious groups.
Governmental Actions that Perpetuate Discrimination Against Minority Religious Groups
Several western European parliaments, most notably France, Belgium and Germany, have investigated and reported on the beliefs and activities of minority religious groups in the last few years. These parliamentary investigations have had a detrimental effect on religious liberty as many groups being investigated or labeled "dangerous" have experienced a public backlash. The French Parliament's 1996 report contained a list of "dangerous" groups in order to warn the public against them. The Belgian Parliament's 1997 report had a widely circulated informal appendix that listed189 groups and included various allegations against many Protestant and Catholic groups, Quakers, Hasidic Jews, Buddhists, and the YWCA (Young Women's Christian Association).
In Belgium, some public officials have relied upon the unofficial appendix to justify denial of access to publicly rented buildings for Jehovah's Witnesses and Bahai'is merely because they were identified in this appendix. A German Bundestag "Enquette Commission" on June 18, 1998, issued a report on its two-year investigation into "so-called sects" and "psycho-groups." While concluding that such groups pose no danger to German society, the report did recommend continued investigation and surveillance of Scientology. A number of religious and belief groups, such as the Jehovah's Witnesses, the Church of Scientology, and independent Pentecostal Protestant churches have complained about harassment, discrimination, and biased media reports in Germany in connection with this Commission and its work.
Also of concern is the establishment of government information centers to alert the public about groups deemed by the government to be "dangerous." The Austrian and French Governments have set up hotlines for the public and, through government-sponsored and funded advisory centers, distribute information on groups. The German Enquette Commission recommended that such a center be created there as well. The Belgian information is scheduled to open in early 1999. We note that the Government of France, only this month, created a new Interministerial Mission to Battle Against Sects" ("Mission interministerielle de luttre contre les sectes"). The very name of this mission suggests confrontation with religious minorities rather than tolerance.
The U.S. Delegation notes that characterizations of religious beliefs by government-operated centers, particularly the publication of unproved or potentially libelous materials, create a climate of intolerance towards members of groups. Government dissemination of information that may be construed as propaganda through these centers calls into questions the commitments that Austria, France, Belgium, and Germany have made to "foster a climate of mutual tolerance and respect." Furthermore, these activities excessively entangle the government in the public discussion on religious beliefs that foists the government into the role of religious arbitrator.
Religious Liberty of Muslims and Other Minorities in the OSCE Participating States
The status of both immigrant and indigenous Muslim minorities and majorities in the OSCE participating States is often precarious. Many countries, such as Spain, Austria and Belgium, are adopting a variety of measures to accommodate and integrate their Muslim populations. Elsewhere, religious persecution and intolerance of Muslims in the OSCE region is closely linked to racial and ethnic hatred, xenophobia, social malaise, and international political conflicts. Fear of potential violence or terrorism spawned by "Islamic" fundamentalism or extremism is often used as a pretext to justify gross violations of the human rights of Muslims who are practicing their faith. Mindful of the broad spectrum of religious and ethnic oppression of Muslims in several participating States, the U.S. Delegation calls on those countries to re-examine their policies in light of existing OSCE commitments. We are not seeking special rights for Muslims or any other group for that matter. We seek to uphold the human rights and fundamental freedoms of all of our citizens without distinction of any kind.
A combination of ethnicity and religion underlie human rights violations against Muslim populations in Europe. The most extreme form of anti-Muslim sentiment manifested in Europe was the brutal assault against Bosnian Muslims, today increasingly referred to as Bosniaks, by Serbian forces of the former Yugoslavia. Recently, the inhabitants of Kosovo, the vast majority of whom are ethnic Albanians and Muslims, have suffered mass killings, arbitrary detention, rape, destruction of property and forced migration at the hands of the Belgrade regime. These atrocities yet again test the will of the international community to take a strong stand against such assault.
Muslims who are members of an ethnic minority, such as North Africans in France, and Turks in Germany are subjected to violent crimes often perpetrated by racists and sometimes by police. Indo-Pakistanis have occasionally been the subject of racist attacks in the United Kingdom. Inadequate efforts to convict the perpetrators of these violent acts contributes to a climate of impunity for such crimes.
Religious education is often abridged or denied to Muslims in the OSCE region in direct violation of OSCE commitments expressed in paragraph 16 of the 1989 Vienna Concluding Document. In Turkey, the parliament enacted measures designed to eliminate the system of state-funded Islamic education by extending compulsory primary secular education. In Uzbekistan, religious teachers Obidkhon Nazarov, Rahim Otagulov, Olinjon Glofurov have been harassed, evicted and arrested by government authorities repeatedly over the past 2 years. In addition, unofficial Islamic teaching institutions have been closed.
Economic and political discrimination against Muslims is common in the OSCE region. In Greece, particularly in Thrace, Muslims experience discrimination through loss of promotion opportunities, confinement to low-paying jobs, inadequate political representation and prevention from advancement in the military. Similarly, in the Bulgarian military, Muslims are consistently assigned only to construction units. The Muslim minority in Russia, which represents 10% of the population, also faces societal discrimination in the workplace and in housing. Some Muslim minorities, like other minorities, have difficulty obtaining citizenship in countries such as Germany, Croatia, Serbia and Greece. There are numerous reports that Muslims in Serbia, particularly in the Sandzak region and in Montenegro, are arbitrarily fired from their jobs and often driven from their homes.
In Turkey, some Muslims are labeled by the military and the government as "extremist" and thereafter experience widespread discrimination. Political participation is significantly denied, most notably by the banning of the Welfare (Refah) Party earlier this year and the recent conviction and banning of Istanbul Mayor Erdogan . Observant Muslims are excluded from certain jobs, demoted or expelled from the military and marginalized politically.
Throughout much of the OSCE area, wearing the hijab in a particular way is interpreted as a sign of extremism, although the wearing of the hijab normally represents to the woman modest dress and an expression of faith. In Uzbekistan, Muslim women in hijab have been expelled from universities. In France, the Ministry of Education issued a decree stating that a headscarf is an "ostentatious display of a religious symbol" that should be strongly discouraged in public schools. There has been a controversy in Baden-Wurttemburg regarding a proposal to ban headscarves worn by teachers, reflecting societal trends of intolerance against Muslims. In Turkey, women who wear headscarves may become targets of discrimination and be banned from public sector jobs such as nursing, teaching, and judicial posts, and are prohibited from registering at public universities.
Efforts to respond to global threats of terrorism may lead to further restrictions and continued marginalization of Muslim populations in the OSCE region. The U.S. Delegation notes the disturbing tendency of some OSCE participating States to assume arbitrarily that Muslims are responsible for violence and threats to national security. In the United States, Muslims are too often victims of negative stereotypes in the media, as seen in the recent movies GI Jane or True Lies, which contributes to societal assumptions equating violence and terrorism with Islam. Arbitrary detention of over 100 North African Muslims in France at the opening of the World Cup similarly reflects a disregard of rights in the name of security.
The United States supports freedom of religion, not criminal behavior. The blanket condemnation of Muslims, or any other marginalized group, is not only a violation of Helsinki principles, but is counterproductive and dangerous policy. Such policies could contribute to desperation in some quarters and lead to radicalization that might not have occurred otherwise. If this growing problem is to be addressed, OSCE participating States must comply fully with their OSCE obligations, the core of which is that the government cannot and should not control all aspects of society and certainly not matters of faith and must accept religious groups as a positive, integral part of society.
Economic Rights of Women
Muslim Women's League
September 1995
This chapter addresses economic rights of Muslim women. These rights are derived from the Quran, however the interpretation of these rights as well as their application (or lack of application) in some Muslim countries often results in some controversy.
The interpretation of verse 4:34 and the latter portion of verse 2:233 could prevent a women's participation in the job market or promote justice and harmony.
Men shall take full care of women with the bounties which God has bestowed more abundantly on the former (men), than the latter (women) and with what they may spend out of their possessions. (4:34)
No human being shall be burdened with more than he is well able to bear: neither shall a mother be made to suffer because of her child, nor, because of his child, he who has begotten it. And the same duty rests upon the [father's] heir. (2:233)
An article titled "Islam and Women's Work" published in ALJUMUAH magazine is an example of the interpretation of these verses to prevent women from entering the job market. This article analyzes a woman's development in stages and finds that in each stage she should be in the care of an adult male. These stages are:
While she is a child, she is under the care of her father.
After she marries, the responsibility falls on her husband.
If she has neither a father nor a husband, the responsibility of her care falls on her brother.
If she has no male relative, the obligation falls upon the Muslim community.1
When articles as such are published what is our responsibility as Muslim women? Obviously it is to challenge this view with research having the whole context of the Quran in mind. Upon reading the above one questions why a woman requires a male to take care of her. If one assumes that the above scenario is Islamically correct then one can conclude that:
Males are naturally superior to females.
It is a obligation for a male to be financially responsible for his family.
However these conclusions are at odds with other verses of the Quran.
Amina Wadud-Muhsin in her book Qur'an and Women studies verse 4:34 in relation to other verses in the Quran. Since there is no verse in the Quran that speaks about male physical or intellectual superiority, Wadud-Muhsin believes that the part of the verse "God has bestowed more abundantly on the former (male)" pertains to inheritance. This interpretation is derived from verse 4:11 "the share for a male is twice that for the female." This "preference" in 4:34 therefore is related to inheritance or a material gain.2 Thus, the male is not naturally superior to the female.
Is the male obligated to be financially responsible for the female? The interpretation of verse 2:233 in the context of all the other verses of the Quran is about mutual respect and harmony. The initial part of this verse states:
And the mothers may nurse their children for two whole years, if they wish to complete the period of nursing; and it is incumbent upon him who has begotten the child to provide in a fair manner for their sustenance and clothing. (2:233)
This verse reveals that the decision of weaning the child for two years is an option for the mother not a command. This decision is based on the wife and husband's mutual respect for a harmonious relationship. In a situation in which both of the married couple's financial contribution is needed to maintain an existence, a wife's insistence that the only husband should provide for their livelihood would jeopardize the harmony of marriage described in the Quran:
And among His wonders is this: He creates for you mates out of you owen kind, so that you might incline towards them, and He engenders love an tenderness between you: in this, behold, there are messages indeed for people who think. (30:21)
Thus, the males responsibility to financially care for the women applies to a specific situation (when the mother weans her child) and the premise that a women should be cared for by a male throughout every stage of her development is false and not supported by the Quran.
A conflict arises when the interpretation of verses 4:34 and 2:233 are limited to these verses alone without consideration for the whole Quran. In this case it is viewed as the superiority of males over females or a gender-based division of labor. This division of labor entitles the male to be the "provider" and "protector" and the woman to lead a private life and solely be the source of love, affection and care.3 This interpretation is not consistent with other verses of the Quran:
Whereas anyone-be it man or woman-who does [whatever he /she can] of good deeds and is a believer withal, shall enter paradise, and shall not be wronged by as much as [would fill] the groove of a date-stone. (4:124)
Men shall have a benefit from what they earn, and women shall have a benefit from what they earn. (4:32)
These verses address men and women in equal terms. Wadud-Muhsin concludes that, "The Quran does not strictly delineate the roles of women and the roles of men to such an extent as to propose only a single possibility for each gender."4 This analysis is supported by a Bukhari hadith from Kitab al-nafqat: Aswad bin Yazeed narrates that: I asked Ayesha: What was the norm of the Prophet at home? She (Ayesha) replied: he used to work for his family at home. Then, when he heard the adhan (call to prayer) he would step out.5 The hadith supports the fact that there is no gender-based division of labor for a married couple. The couple mutually decides what is best for their household having the harmony of their family in mind.
Even though there is no command for a division of labor in the Quran, in today's global economy, as men's horizons and occupational choices widen, women's in some Muslim counties remain comparatively narrow.6 What has prevented women from moving into the new activities opened by the global economy? In some Muslim countries political instability coexists with extreme conservative ideologies regarding women. Afghanistan is an example where once women were allowed to contribute to sustaining economic growth and development. Afghan women in small numbers joined public life in the 1920's with the support of King Amanullah and Queen Soraya. Queen Soraya addressed a gathering of women in the celebration of the 7th anniversary (1926) of independence stating:
"Do not think, however, that our nation needs only men to serve it. Women should also take their part as women did in the early years of Islam. The valuable services rendered by women are recounted throughout history from which we learn that women were not created solely for pleasure and comfort. From their examples we learn that we must all contribute toward the development of our nation and that this can not be done without being equipped with knowledge..."
Ironically, 70 years after Queen Soraya's speech the struggle and efforts that the previous generation made to gain political and economic rights for women is threatened. Today, a woman's basic right to vote, to pursue an education, and to join the job force is threatened by the Taliban, a political group that gain the control of the country and run the government by their "Islamic" code. Noor Mohammed, a senior member of the Taliban's Centeral Committee states, "We categorically refuse to let women vote or participate in politics..."8 Taliban's insistence on secluding women from public life is derived from Saudi Arabia's interpretation of the Quran. This interpretation is colored by Saudi Arabia's cultural ideology. To gain financial rewards Taliban emulates Saudi Arabia's orthodox view that restricts a women's right to vote and participate in public life. Taliban's political power depends on oppressing woman.
Similarly in Iran, in an attempt to balance the national budget both civil services and private sectors have excluded women from the job market by preferentially retiring female employees and not taking new staff.9 The Head of the political and Ideological Section of the defense industries, Hojatoleslam Motbahri, explains his position: "In principle I'm against all employment for women outside their home...In my opinion basically the access of women to the factory floor is against the laws of nature...Besides if women are employed by industry and the public sector, they will displace men and close their employment opportunities."10 Economic growth requires the full participation of the labor force. Total exclusion of women from the job force means not utilizing half the energy that leads to economic growth. Interestingly enough, even with strong principles such as women work "being against the laws of nature," economic realities have taken their own path in Iran. In the city of Mazandaran, female workers spend long working hours at the local textile factory. The Director of the Cotton and Weaving factory explains, "Women's work is much finer. If you take thread winding men produce about 500 kg for every 650 kg produced by women."11 In this case women are hired because their service produces more profit and is an illustration of the impractical and unrealistic point of the "laws of nature argument."
Muslim men and women can apply the rights given by the Quran to revolutionize the status quo in Western societies. In the United States work at home is viewed as unproductive. According to the United Nations System of National Accounts (UNSNA) because no exchange of money takes place in a woman work at home, her work is not considered a value for the GNP (Gross National Product).12 If a professional woman stays home with her children up to certain time, her choice is an "unproductive activity". Accordingly, if she does not accumulate enough credit toward her social security benefits, she will not qualify to receive such benefits in her old age or in case she is disabled. If her choice is to stay at home to raise her children and perform housework, it should be considered as a contribution to the GNP. This would entitle her to social security benefits. Such a view is consistent with the economic rights given to women in the Quran.
Women were given rights in the Quran to contribute to the economy by owning and selling property 1400 years ago. Verse 4:32 emphasizes the equality of men and women in the economical growth of a society.
Men shall have a benefit from what they earn, and women shall have a benefit from what they earn. (4:32)
This verse, aside from giving women the right to earn, supports the economic theory of "equal pay for equal work.'' The core of this theory is that women and men should be compensated by the work they perform regardless of gender. The Quran addresses this issue by referring to both genders and stating that each be compensated by their work. If it was intended that women receive less than men it would have been explicit. This is a concept that even in today's Western society has not completely been adopted. In a recent study Working Women magazine reported that although women's salaries in the United States are starting to catch up with men's in recent years, still women earn 5 to 15 cents less on the dollar than men working in a similar job.13
The rights that are given to women in the Quran are not theoretical without any application. In Iran Islamist women activists used texts supported by the Quran to demand a law to provide wages for housework. Accordingly in 1991 a law was passed under which a man divorcing his wife must first pay her housework wages.14 Furthermore, historically, the Quraish women such as Khadija bint Khuwaylid and Sawdah bint Zam'ah (wives of Prophet Muhammad) are examples of women who were mothers and nurturers as well as active participants in the economy of their society. Khadija was a business women whose wealth and business property gave the Prophet ease of circumstances and freedom from the cares of daily life to accomplish his mission.15 Similarly, Sawdah derived her income from her leather work industry.16 None of the Prophet's wives inherited anything from him so they were cared for by the state or they derived their own income.17 The examples of Khadija and Sawdah are important because they shed light on women's active participation in the economy during the Prophet's era.
Islamic texts and the information of the early Islamic society and the rights given to women in the Quran are strong tools needed to fight the misogynist views now promoted to serve political and cultural stereotypes that are at odds with the intentions of the Quran.
An Islamic Perspective on Inheritance
by Muslim Women's League
September 1995
A source of significant controversy both inside and outside the Muslim community is the Islamic law of inheritance. This "law" is in fact a continuing process of interpretation of Quranic rules and principles to form the complex "laws" of inheritance under Islam. It is a dynamic process which, based on specific text in the Quran and traditions of the Prophet Muhammad, continues to be discussed in each Islamic age by Muslim scholars addressing changing issues and times.
Before delving into this complicated and controversial area, one must first realize that Islam revolutionized women's inheritance rights. Prior to the Quranic injunction -- and indeed in the west until only recently -- women could not inherit from their relatives, and in the case of Arabia at least, were themselves bequeathed as if they were property to be distributed at the death of a husband, father, or brother. Thus, Islam, by clearly stating in the Quran that women have the right to inherit for themselves, changed the status of women in an unprecedented fashion. The Quran states:
"Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind." (Quran 4:7).
Thus, whether women can inherit at all is not the controversy. Rather, the dispute centers around the "share" that is to be inherited.
The same chapter of the Quran goes on to state in detail the division of property based on the number of relatives and the level of kinship of the inheritor. (See Quran 4:11) The injunction that a male relative receives a share equal to that of two females applies only to the inheritance of children by their parents. Parents who inherit from a deceased child, for example, each inherit one-sixth of the property if the deceased child is survived by a child of his or her own. In that instance, the division is equal between the mother and the father of the deceased. The verse then states what the mother shall receive if the deceased left no children or if the deceased left siblings. Presumably, the father and the mother inherit equally in those situations. The rationale behind a brother receiving double his sister's share, on the other hand, is based on the Islamic legal presumption that he has an obligation to provide for her support. Bearing in mind that these verses were revealed in Arabia over 1400 years ago, when women had no financial security other than what was provided by men, these verses demonstrate the care and respect given to the family unit, and ensured that women's rights would continue to be protected. Hence, brothers with sisters were given larger shares than their sisters, together with the legal obligation to spend a portion of this wealth on those sisters.
Within the field of Islamic scholarship, there is much discussion on the topic of inheritance. There are scholars who argue that these rules apply only if no will was left by the deceased and that the division can be changed by a will. Presumably, the will would be analogous to a debt and would be paid prior to any other disbursement of property. (See Quran 4:11; Fathi Osman, Muslim Women in the Family and in the Society, at 24-25.) Furthermore, a tradition of the Prophet Muhammad states that a person can will up to one-third of his or her property in any manner, thus allowing equalization of gender-based default presumptions. (It should be noted that a majority of the Sunni schools of thought state that the one-third share cannot be bequeathed to natural heirs; however, others, including the Shiite school, disagree with this limitation.) Moreover, transfers of property can be made during the life of the testator.
The majority of schools argue that the verses provide guidance as to who should be provided for and at what level. Furthermore, there are scholars who maintain that these laws are applicable only in an Islamically-based legal system and government where a woman would have recourse against a relative who was obligated to provide for her but failed to do so. One may argue that in the absence of a complete application of Islamic law, where the rights of women will have no teeth, Muslims should turn to the spirit of that law, which is justice, and find ways to accomplish this goal. This is especially true where Muslims are a minority, as in the United States. Muslim scholars, legislators, and researchers must -- and are beginning to -- boldly address this issue to focus on these challenges. The Islamic laws of inheritance are, like all issues in Islamic law, a dynamic process that must respond to the many challenges and opportunities that world changes present.
Marriage Challenge - How Hard Can it Be?
The Marriage Challenge for Single Muslim Career Women Over 25
By Munira Lekovic Ezzeldine
My husband and I recently tried to match-make a couple of our friends. Omar began telling his friend about a really nice woman we knew at 33, successful, beautiful. His first response was, "So, what's wrong with her? Why is she 33 and not married?" Looking at the 30-year-old man before me, my first thought was, "I could ask you the same thing." However, the reality set in that there's a double standard when it comes to the issue of age and marriage.
Many Muslim women are successful lawyers, doctors, professors and journalists. They are outspoken and active in their Muslim and non-Muslim communities. They are intelligent and beautiful, and they are unmarried. The same women who are ambitious and focused on their academic and professional success are finding it difficult to find a suitable spouse.
Twenty years ago, as young Muslim boys and girls were being raised in the U.S., they were encouraged to excel academically and professionally. Parents placed a huge emphasis on education and hard work for both boys and girls. And apparently, they were taken seriously. Girls excelled and never felt they could not attain an education or a profession. They worked hard and succeeded as their parents had encouraged all those years. Now, these same women are in their twenties and thirties and the same parents are now pressuring them to get married.
Are women to blame for being ambitious and educated? Apparently so. Women seem to be penalized for their ambition. Once a young woman passes the age of 25 and remains single, she is considered "old" and often finds it difficult to find a suitable spouse.
Suddenly, others tell her that she has become too picky and her expectations of a husband are unrealistic and that she should hurry up and get married already. "There are some of us who went to college and are successful in our careers and we are not on a search and destroy mission to get married," says Suhad Obeidi, a 39-year-old former banking manager with an M.B.A. The reality is that Muslim women have worked hard for their education and careers and they will not give it all up in order to get married.
In recent decades, men have also become highly educated and progressive, and have even fought for women's rights and the elevation of women in Islam. However, while these men are impressed with a successful and active woman, they do not consider her "marriage material." Despite the elevation of women, many men have maintained traditional ideas as to the type of wife they seek. After all, they do not see anything wrong with the way their mother was.
Consciously or subconsciously, many men seek a wife who will fulfill the traditional role of a wife and mother and one who will maintain a traditional home life. She should be educated, but she should also be willing to put her education and career on a shelf while raising a family. These women in their late twenties and early thirties appear too established in their career and lifestyle and therefore, more difficult to marry because they will not fall into this traditional role.
Many American Muslim women want to be wives and mothers while at the same time be respected for their profession. "One big problem is that, rather than embrace her ambition and success, men simply tolerate it and expect something in return," says Nagwa Ibrahim, a 25-year-old activist seeking a career as a human and civil rights lawyer.
Current expectations of marriage have changed for women and become more aligned with the examples of women during Prophet Muhammad's lifetime. The Prophet's first wife, Khadija, was an established career woman who was 15 years older than her husband. Khadija was a very confident and successful woman who actually proposed to the 24-year-old Muhammad. Yet, the Prophet was not intimidated by her nor found her "unmarriageable."
They maintained a strong marriage as she continued to be a businesswoman, as well as wife and mother. Prophet Muhammad and Khadija were married for 28 years, the longest of all his marriages. The year that Khadija died was also referred to as the Year of Mourning by Prophet Muhammad.
Many Muslim women seek not to compete with men, but rather to establish a partnership with their spouse. Ultimately, these women want to be cherished and loved in the same way that the Prophet loved Khadija. This type of partnership in marriage can only exist when both people are accepting and respectful of one another's ambitions and priorities in life.
Nagwa Ibrahim feels that men have succumbed to negative cultural stereotypes that are contrary to Islam when selecting a spouse. "We (Muslim women) are the way we are because we are trying to be good Muslims," she says.
Thus, a partnership in marriage can only be developed when men and women really follow the principles of Islam and learn to communicate their expectations of marriage as well as be understanding of one another.
Communication is vital to any successful marriage, but now more than ever, women must feel comfortable in expressing their expectations of marriage to a potential spouse and in return feel that they are being understood, respected and encouraged.
This evolution will happen once we see more modern examples of successful Muslim men and women getting married and further benefiting society by their union. Educated Muslim men and woman will only improve our Muslim communities by expecting the best from everyone, be they men or woman.
Beginning in the homes, parents need to nurture their children by encouraging them that they can have both worlds and that they can be successful in their career and marriage. Muslim women can have a huge impact on the future by modeling the multi-faceted woman of Islam to their children.
Therefore, when their daughters grow up, they will aspire to be women of excellence and ambition. Additionally, when their sons become men, their expectations and views of a suitable wife will include a partnership with an intelligent and successful Muslim woman. With further education and communication, men and women can understand and respect one another's roles in society and in the home, which will ultimately benefit future generations of Muslims.
An Islamic Perspective on Divorce in Islam
By Muslim Women's League
May 1999
Marriage as prescribed by God, is the lawful union of a man and women based on mutual consent. Ideally, the purpose of marriage is to foster a state of tranquillity, love and compassion in Islam, but this is not always the case. Islam discourages divorce but, unlike some religions, does make provisions for divorce by either party.
God provides general guidelines for the process of divorce with emphasis throughout on both parties upholding the values of justice and kindness in formalizing the end to their marriage (see Surah 2: 224-237 for general guidelines regarding divorce).
God encourages the husband and wife to appoint arbitrators as the first step to aid in reconciliation in the process of divorce. If the reconciliation step fails, both men and women are guaranteed their right to divorce as established in the Qur'an, but the question lies in what is the procedure for each. When a divorce is initiated by the man, it is known as talaq. The pronouncement by the husband may be verbal or written, but once done, a waiting period of three months ('iddat) must take place in which there are no sexual relations even though the two are living under the same roof. The waiting period helps prevent hasty decisions made in anger and enables both parties to reconsider as well as determine if the wife is pregnant. If the wife is pregnant, the waiting period is lengthened until she delivers. At any point during this time, the husband and wife are free to resume their relationship, thereby stopping the divorce process. At this time, the husband remains financially responsible for the support of his wife.
The divorce initiated by the wife is known as khu" (if the husband is not at fault) and entails the wife giving her dowry to end the marriage because she is the "contract" breaker. In the instance of talaq where the husband is the "contract" breaker, he must pay the dowry in full in cases where all or part of it was deferred.
In the case that the husband is at fault and the woman is interested in divorce, she can petition a judge for divorce, with cause. She would be required to offer proof that her husband had not fulfilled his responsibilities. The judge would make that determination based on the facts of the case and the law of the land. It the woman had specified certain conditions in her marriage contract, which were not met by the husband, she could obtain a conditional divorce.
The controversy with divorce lies in the idea that men seem to have absolute power in divorce. The way the scholars in the past have interpreted this is that if the man initiates the divorce, then the reconciliation step for appointing an arbiter from both sides is omitted. This diverges from the Qur'anic injunction. The differences in powers of the husband and wife with regard to divorce can be extracted from the following verse:
...but, in accordance with justice, the rights of the wives (with regard to their husbands) are equal to the (husbands;) rights with regard to them, although men have precedence over them (in this respect). And God is almighty wise. (2:228)
It is in the next verse, according to existing interpretations, the reason for the small difference:
Men shall take full care of women with the bounties which God has bestowed more abundantly on the former than on the latter, and with what they may spend out of their possessions. And the righteous women are the truly devout ones, who guard the intimacy which God has (ordained to be) guarded. (4:34)
It is clear that the Qur'an states there is a "degree" of difference with regards to the rights of men and women in divorce, but it is not clear "how much" and "what" privileges a man is entitled to. This is what has been interpreted by the jurists. It should also be noted if the difference is due in part to the man being the financial supporter, then it must follow that if the woman shares or is the main financial contributor to the family that this privilege should apply to her as well.
Many of the laws regarding divorce are the scholars' interpretations of the relatively few Qur'anic references. As with all human laws, they must adapt to dynamic circumstances. Issues like custody have become controversial. For example, the Qur'an advises the husband and wife to consult each other in a fair manner regarding their children's future after divorce (2:232-3)
Various laws regarding custody of the children have been legislated by a few of the jurists. Some jurists have stipulated that custody of the child is awarded to the mother if the child is under a certain age and to the father if the child is older. There is no Qur'anic text to substantiate the arbitrary choosing of age as a determinant for custody. Similarly with regard to the issue of alimony, the Qur'an addresses the ex-husband's financial obligation to his ex-wife but it does not provide a specific formula for the amount of support (2:241, 65:4-7). This is open for negotiation between parties and should be in proportion with the husband's financial income.
There has been much distortion and propagation of mistruth about a woman's rights in the matters of marriage and divorce. It is only with self-education and awareness of the Qur'anic text that both men and women can come to know the truth of what God has prescribed and to evaluate the scholarly interpretations closely to ensure that the spirit of justice is carried out:
When you divorce women and they fulfill the term of their (Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if anyone does that, he wrongs his own soul. Do not treat God's Signs as a jest, but solemnly rehearse God's favors on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear God, and know that God is well-acquainted with all things. (2:231)
Characteristics of an Islamic Friendship
Islam has defined friendship in a manner that many of us in the West are not accustomed to. Islam bases ties and relations not on benefitting each other in worldly affairs but rather in our struggle for success in the Akhirah by seeking the pleasure of Allah سبحانه وتعالى. Islam recognizes the importance of such relationships and has set guidelines for us to follow on how to maintain them:
Loving Friends for the sake of Allah سبحانه وتعالى - This means that we would undertake actions to help a friend or further our relationship with them for the sake of Allah even though they may go against our personal interests.
The Prophet صلى الله عليه وسلم said: "Whoever would like to taste the sweetness of Iman (belief) then let him love a person only for Allah's sake." [Ahmad]
Generosity and Kindness - Sharing wealth with others is greatly encouraged in Islam. This builds trust and closeness amongst people. It can be difficult for Muslims to grasp this principle especially when they are affected by Western concepts that promote selfishness and irresponsibility towards others. Giving without expecting anything in return is uncommon in the West even amongst friends.
Imam Bukhari narrated that the Prophet صلى الله عليه وسلم said, "None amongst you believes (truly) till one likes for his brother, that which he loves for his himself." [Bukhari]
Giving gifts has also been recommended by the Prophet صلى الله عليه وسلم and he explained that it strengthens the relationship between people.
It was narrated by al-Bukhari that the Prophet صلى الله عليه وسلم said: "Give gifts and you will love one another." [Bukhari]
Kindness to our friends, helping them in need and consoling them in times of grief should become natural to us for everyone needs help, a shoulder to cry on and someone to share their joy.
Concealing the Faults of Friends - It is important to conceal the faults of a friend. This does not mean that we ignore them; it means that we advise our brothers of their faults in private and help them overcome their shortcomings.
Abu Hurayrah narrated that the Prophet صلى الله عليه وسلم said: "He who conceals (the faults) of a Muslim, Allah would conceal his faults in the world and in the Hereafter. Allah is at the back of a servant so long as the servant is at the back of his brother." [Muslim]
Prohibition of Backbiting, Slander, Envy, Jealousy & Grudges - The relationship of friendship is one of trust as a good Muslim is trustworthy and not deceitful. He does not betray nor backbite. In reality this makes the relationship between friends in Islam stronger than friendship according to Western concepts as there is no constant worry about whether your friend is speaking ill of you to other people or betraying you. Islam has prohibited backbiting and slander - thus removing the cause of suspicion and doubt amongst people:
يَا أَيُّهَا الَّذِينَ آمَنُوا اجْتَنِبُوا كَثِيراً مِّنَ الظَّنِّ إِنَّ بَعْضَ الظَّنِّ إِثْمٌ وَلَا تَجَسَّسُوا وَلَا يَغْتَب بَّعْضُكُم بَعْضًا أَيُحِبُّ أَحَدُكُمْ أَن يَأْكُلَ لَحْمَ أَخِيهِ مَيْتًا فَكَرِهْتُمُوهُ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ تَوَّابٌ رَّحِيمٌ
"O you who believe! Avoid much suspicions, indeed some suspicions are sins. And spy not, neither backbite one another. Would one of you love to eat the flesh of his dead brother. You abhor that (so abhor the other)! And keep your duty to Allah. Lo! Allah is Relenting, Merciful." [Al-Hujraat, 49:12]
Islam also forbids envy and jealousy which are the common causes of problems amongst friends.
The Prophet صلى الله عليه وسلم said: "Do not have malice against a Muslim; do not be envious of other Muslims; do not go against a Muslim and forsake him. Oh the slaves of Allah! Be like brothers with each other. It is not violable for a Muslim to desert his brother for over three days." [Muslim & Tirmidhi]
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