Laws For Women In Islam

Laws For Women In Islam – Religious scholars generally agree that at the dawn of Islam in the early 600s, the Prophet Muhammad expanded the rights of women to include the rights of inheritance, property, and marriage. It was a revolutionary step at a time when women had few, if any, rights.

However, in recent centuries, Sunni scholars have taken different views on how to interpret the Qur’an and the sayings of the Prophet Muhammad, resulting in the establishment of four schools of law.

Laws For Women In Islam

Among the most radical is the so-called Hanbali school, which forms the basis of hard-line Islamic thought, including forms of ultra-conservative Saudi Wahhabism and Salafism. This current issue advances the view of women in view of state laws to enforce or protect Islamic Sharia.

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However, that has not stopped activists, civil society actors and even governments from trying to promote women’s rights under Islamic law.

Nina Amu Dafa Kan (left), Minister of Social Affairs, Children and Families of Mauritania, on International Women’s Day, 8 March 2020 Photo: Getty Images/AFP/C.A. Ali

In Mauritania, known as an export of conservative Islamic thought, women’s rights have long been subordinated to men’s status, which is hereditary and influenced by the Hanbali school in the West African country.

But Mauritania’s government wants to change that. Earlier this month, she supported proposed legislation to end discrimination against women and girls.

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The main goal of the draft law is to better protect women from violence and find a legal way to prosecute perpetrators, usually family members such as husbands or fathers.

However, the proposed law has sparked controversy among academics and conservative leaders, who consider it an affront to men’s status. They argued that the draft law was against Islamic Sharia and therefore could not be legitimized with the support of Parliament.

A similar effort to promote women’s rights in Mauritania failed in 2018 for similar reasons. Currently, the country does not have adequate laws against rape and other forms of sexual violence, according to Human Rights Watch.

Saad Eddin al-Hilali, a professor of comparative law at Al-Azhar University in Cairo, who believes in the position of Sunni ideology, says that those who oppose women’s rights in the name of Islam amount to a “religious lobby”.

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Al-Hilali said the lobby is mostly made up of “senior scholars who appear in the media to influence public opinion … whether the opinion is religious or taboo.”

In Islam, each school of jurisprudence describes ways of forming a positive opinion on a matter. However, Al-Hilali believed that few followed the rules and preferred to express his personal views on the matter instead.

Al-Hilali said, “Not everyone pretends that their personal opinion is from God.” “For, in principle, all laws can contain right and wrong—even if they come from a supreme authority.”

Ms Sharafeldin, an Egyptian activist and Oxford University doctor, agreed, saying that using religion as a way to limit legal protections for women was clearly unacceptable, even in Islam.

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Sharafeldin said such reasons could be used to justify violence against women in Islam, an idea he rejects as fundamentally against religious values. Therefore, the distinction between fiqh and religion is often deliberately blurred by those with strict interpretations.

Last week, Musawa, a movement focused on Muslim family equality, launched a campaign to build “national, regional and international support for urgent reform of equality and justice for women living in Muslim contexts”.

The movement has identified at least 45 countries that have Muslim family laws that discriminate against women and girls.

“These family laws not only fail to meet Sharia’s requirements for justice, but are also used to deny women their rights and the choice of a dignified life,” Musawah said.

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Even in Egypt, long considered a bastion of moderate religious practice, women’s legal rights are threatened by conservative lawmakers, who are pushing for a necessary review of the country’s family law. Opponents say the latest proposal will weaken men’s positions while strengthening women’s legal claims.

“For women and girls, there is no equality in society if there is no equality in the family,” said Musawa. “Religion, ideology, culture or tradition can no longer be used to justify discrimination against women and girls.”

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Only when women and girls can live in dignity, safety, without fear of physical harm from family members and in freedom of conscience as mandated by the Quran, a nation calls itself “Islamic”.

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These Muslims show that they believe in tolerance, separation of church and state, freedom of speech, human rights, social justice for LGBT citizens and full gender equality. New York, American Council of Learned Societies, Andrew Mellon Foundation, Fulbright-Hays and University of California. Any views expressed herein are the responsibility of the author.

Muslim women living in India are protesting that Islamic law is being used for atrocities. Anjay Purkait/Pacific Press/Lightrocket via Getty Images

Sharia law is often described as barbaric and particularly hostile to women’s rights. Citing Sharia law, legislators in some Muslim countries make theft punishable by mutilation and extramarital sex by stoning. Women are also forced into abusive marriages and beaten for disobeying Sharia because they wear pants.

Commonly translated as Islamic law, Sharia is a comprehensive set of moral principles found in the Qur’an, Islamic scriptures, and the teachings and works of the Prophet Muhammad. It is not a strict legal code, leaving it open to different interpretations by governments and scholars.

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The public outcry over Sharia has led to more than 200 anti-Sharia bills from across the United States. The European Court of Human Rights has twice ruled Sharia incompatible with human rights. Conservative commentators have called Sharia the world’s “second scourge” compared to Covid-19.

However, many Muslim women do not see Sharia as incompatible with their rights. My research shows how women – mostly small activist groups in many countries – use sharia to fight oppressive practices.

I have interviewed about 150 women’s rights activists, clerics, officials and aid workers over the past decade in Somalia and Somaliland, where over 99% of the population is Muslim.

The region has experienced successive famines and droughts as well as dictatorships and civil wars that led to the collapse of the Somali government and the partition of Somalia and Somaliland 30 years ago.

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I want to know why women are demanding Sharia and whether Sharia can help rebuild a post-war society. My book, “Sharia, Inshallah: Finding God in Somalia’s Legal Politics,” tells the story of peacemakers and peace advocates who are leaning toward rather than away from Sharia.

The feminist activists I met saw feminism in sharia. Muslims “can find support for almost anything” in sharia, one Somali activist reminded me. It’s just that women “know their rights in the Koran,” he added.

These activists help their local communities understand women’s rights in Islam. For example, a girl’s education activist explained to local parents how Sharia law “entitles boys and girls to an education.” Posters put up by human rights organizations point to Islamic education that a girl who learns is to educate the nation. They assert that the Prophet Muhammad himself taught women and men and encouraged his followers to do the same.

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