Showing posts with label sharia. Show all posts
Showing posts with label sharia. Show all posts

Friday, May 8, 2009

Mauritania: Religious Leaders call for Ending Corporal Punishment in Mauritania

UNICEF
By Christian Skoog and Brahim Ould Isselmou

ATAR, Mauritania, 6 May 2009 – In the first hour after his arrival at a mahadra (Koranic school) in Atar, Ahmed was beaten several times. Over the next four months, he suffered daily.

His ‘Cheikh’, or teacher, used many different tools to punish Ahmed and his friends. Some of the boys who are considered troublemakers were tied up to the trunks of trees and left outside for hours, suffering from the heat and hunger.

“I pray to Allah that I no longer have to wear my torn shirt to cover the scars on my back,” said Ahmed.

Turning to the Imams’ Network

In this country, as in many others, corporal punishment is widespread in mahadras and secular primary schools, and within families. It is considered a suitable and effective educational method.

UNICEF Mauritania analyzed this widespread phenomenon in order to find the best way to address it. Given the pre-eminent position of religious leaders in the Islamic Republic of Mauritania, a partnership with the Imams’ and Religious Leaders’ Network for Child Rights was deemed an appropriate entry point.

This approach is also in line with the recommendations of the UN Secretary-General’s Study on Violence against Children, which urges close collaboration with community and religious leaders.

No basis in the Koran

For its part, the Imams’ Network carried out a study to assess whether corporal punishment is allowed in Islam. The evidence was overwhelming: The study found that violence has no place in the Koran.

UNICEF Representative in Mauritania Christian Skoog, local authorities and the President of the Imams’ and Religious Leaders’ Network for Child Rights, Hademine Ould Saleck, attend a workshop on ending corporal punishment.
The results of the study will now form the basis of a fatwa (religious edict) barring physical and verbal violence against children in the educational system, including in the home.

“The evidence that corporal punishment is forbidden by Islam is clear and abiding for all of us,” declared Imams’ Network President Hademine Ould Saleck. “Let us stop arguing. We don’t have a choice, and we must apply Sharia [Islamic law], which fully protects children”.

‘A powerful tool’

A regional workshop to validate the study was held 20-21 April in Atar. Among the participants were 30 Imams from the Adrar and Inchiri regions, as well as UNICEF Representative in Mauritania Christian Skoog.

“We have to use this fatwa prohibiting corporal punishment as a powerful tool to disseminate and put an end to violence in mahadras, schools and religious events,” said Mr. Skoog.

This child-rights initiative coincides with the upcoming 20th anniversary of the Convention on the Rights of the Child and the scaling up of the country programme in Mauritania. In fact, the regional workshop kicked off a series of commemorative events.

Friday, April 17, 2009

Egypt: Egypt launches campaign against the niqab

By Ramadan Al Sherbini, Correspondent
Published: April 16, 2009, 19:23

Cairo: In a bid to curb the surge in donning the niqab (a full-face veil), among its female employees, the Ministry of Waqfs (Religious Endowments), has embarked on a controversial campaign to discourage wearing this garb.

"We are not asking the niqab wearers to take it off. The aim of our campaign, based on awareness-raising seminars, is to prove to them that the niqab was originally an Arabian costume in pre-Islamic times," said Selim Abdel Gelil, an aide to the Minister of Waqfs and the one responsible for the campaign.

The campaign got off the ground this week at the premises of the ministry in Cairo and is planned to cover other cities and provinces of this predominantly Muslim country, according to the same official.

"Islam requires women to be decently dressed without obliging them to cover their faces and hands," Abdel Gelil told Gulf News.

"A telling proof is that during the haj (Muslim pilgrimage to Mecca in Saudi Arabia), women are not asked to put on the niqab."

Over recent years, the niqab, which covers the woman from head to toe, has become popular in Egypt. Shops, apparently cashing in on the revival of Islamism, have sprung up in working-class and fashionable areas to sell items for Muslim women.

"I don't see any good reason for this questionable attack against Muslim outfits, including the niqab," said a fully veiled woman employee at the Ministry of Waqfs, who gave her name only as Soad.

"This campaign is a waste of public money. What harm is there for wearing the niqab?" she added.

Soad, who said she has been wearing the niqab since getting married five years ago, urges the authorities to shift focus to scantily clad girls. "These girls deserve more attention than the niqab wearers because after all they are the ones who arouse men's desires."

As part of the campaign, the ministry will publish a book titled "Niqab a Habit, not a Worship" to be distributed for free to female attendees of the seminars.

"There will also be question-and-answer sessions in order to help correct misconceptions about the niqab," said Abdel Gelil.

"Wearing the niqab is not an obligatory duty based on Islamic Sharia (Law). I think Muslims make a big mistake by concentrating on appearances and superficial things, thereby giving a bad idea about Islam," Minister of Waqfs Hamdi Zaqzouq was recently quoted as saying in the local press.

He added that niqab-wearers at his ministry would not be assigned preaching missions.

Meanwhile, Minister of Health Dr Hatem Al Gabali has recently warned that female nurses wearing the niqab would be re-posted from hospitals to administrative jobs, saying the costume hampers them from efficiently serving patients.

Tuesday, April 14, 2009

Middle East: Muslim countries want own rights commision

CAIRO (AlArabiya.net)

A bloc of Islamic states accused of undermining human rights standards set by the United Nations have taken matters into their own hands and set out to establish their own independent human rights commission Sunday.

The Organization of Islamic Conference, a 57-nation bloc of Muslim nations and the largest organization after the U.N., met yesterday at its headquarters in Jeddah, Saudi Arabia to establish an independent OIC human rights commission.

Eklemeddin İhsanoğlu, the OIC Secretary-General, stressed in a statement Monday that "human rights and man’s dignity are an integral part of Islam and core components of Islamic culture and heritage.”

Refining Cairo hr declaration

Member states also discussed "refining" the OIC’s 1990 Cairo Declaration of Human Rights in Islam (CDHRI), which gave an overview of the Islamic perspective on human rights and stated that all human rights are subject to sharia, or Islamic law.

The OIC has over the past decades sponsored the "defamation of religion" resolution at the U.N. General Assembly, the latest of which was a resolution condemning the Danish cartoons of the Prophet.

It will seek assistance from other international bodies such as the U.N.’s Office of the High Commissioner on Human Rights and the Geneva Institute for Human Rights in setting up the new commission. İhsanoğlu said in his speech that such a commission would drive OIC member states to reform intellectually and politically.

"An OIC human rights commission would promote tolerance, and fundamental freedoms, good governance, the rule of law, accountability, openness, dialogue with other religions and civilizations, the rejection of extremism and fanaticism, and the strengthening of the sense of pride in the Islamic identity," he said.

Sharia vs. human rights

Both Amnesty International and Human Rights Watch have accused Muslim countries including Iran, Pakistan, Afghanistan, Egypt and Tunisia among many others of human rights violations against women and religious minorities despite many states being signatories to international human rights conventions.

Western human rights groups argue that some of the ways Islamic law is applied can lead to discrimination against women, religious minorities and converts to other faiths.

However, Islamic scholars and leaders have continued to refute western claims that sharia is incompatible with international norms of human rights and freedoms, arguing instead that the interpretation and application of Islamic law is what can lead to negative human rights outcomes.

Just as U.S. courts ruled that detainees in the “war on terror” could be held indefinitely without trial or permitted torture in contravention of internationa human rights norms, some sharia-based courts twist Islamic law to sanction cruel punishments.

Compatible with the west

In their defense of Islamic law experts refer to its protection of women’s property rights and the rights of the socially marginalized like orphans or the elderly. Steven A. Cook, an expert on Islamic law and the west, said that interpretations of what Islamic law means are so variable that in some western societies it can be incorporated into non-Islamic political systems easily.

Ihsanoglu in his speech also suggested the compatibility of the Islamic notion of human rights and international norms, saying that refurbishing the Cairo human rights declaration will be "in keeping with the current global human rights discourse," though he did not specify how this would be done.

Several OIC member states follow sharia law, which has been compared to the Western tradition of common law, for personal status and criminal issues. None of the 14 OIC states that are considered "electoral democracies" are Arab.

Monday, April 13, 2009

Saudi Arabia: Saudi judge refuses to annul 8-year-old's marriage

By Mohammed Jamjoom

(CNN) -- A Saudi judge has refused for a second time to annul a marriage between an 8-year-old girl and a 47-year-old man, a relative of the girl told CNN.

The most recent ruling, in which the judge upheld his original verdict, was handed down Saturday in the Saudi city of Onaiza, where late last year the same judge rejected a petition from the girl's mother, who was seeking a divorce for her daughter.

The relative said the judge, Sheikh Habib Al-Habib, "stuck by his earlier verdict and insisted that the girl could petition the court for a divorce once she reached puberty." The family member, who requested anonymity, added that the mother will continue to pursue a divorce for her daughter.

The case, which has drawn criticism from local and international rights groups, came to light in December when al-Habib declined to annul the marriage on a legal technicality. The judge ruled the girl's mother -- who is separated from the girl's father -- was not the girl's legal guardian and therefore could not represent her in court, according to Abdullah al-Jutaili, the mother's lawyer.

The girl's father, according to the attorney, arranged the marriage in order to settle his debts with the man, who is "a close friend" of his. At the time of the initial verdict, the judge required the girl's husband to sign a pledge that he would not have sex with her until she reaches puberty, al-Jutaili told CNN. The judge ruled that when the girl reaches puberty, she will have the right to request a divorce by filing a petition with the court, the lawyer said.

Last month, an appeals court in the Saudi capital of Riyadh declined to certify the original ruling, in essence rejecting al-Habib's verdict, and sent the case back to al-Habib for reconsideration.

Under the complicated Saudi legal process, the appeals court ruling meant that the marriage was still in effect, but that a challenge to the marriage was still ongoing. The appeals court in Riyadh will now take up the case again and a hearing is scheduled for next month, according to the relative.

The issue of child marriage has been a hot-button topic in the deeply conservative kingdom recently. While rights groups have been petitioning the government to enact laws that would protect children from this type of marriage, the kingdom's top cleric has said that it's OK for girls as young as 10 to wed.

"It is incorrect to say that it's not permitted to marry off girls who are 15 and younger," Sheikh Abdul Aziz Al-Sheikh, the kingdom's grand mufti, said in remarks last January quoted in the regional Al-Hayat newspaper. "A girl aged 10 or 12 can be married. Those who think she's too young are wrong and they are being unfair to her."

Al-Sheikh reportedly made the remarks when he was asked during a lecture about parents forcing their underage daughters to marry.

"We hear a lot in the media about the marriage of underage girls," he said, according to the newspaper. "We should know that Sharia law has not brought injustice to women."

Sharia law is Islamic law. Saudi Arabia follows a strict interpretation of Islam called Wahhabism.

CNN was unable to reach government officials for comment.

Christoph Wilcke, a Saudi Arabia researcher for Human Rights Watch, told CNN in December that his organization has heard of many other cases of child marriages.

"We've been hearing about these types of cases once every four or five months because the Saudi public is now able to express this kind of anger -- especially so when girls are traded off to older men," Wilcke said.

Wilcke explained that while Saudi ministries may make decisions designed to protect children, "It is still the religious establishment that holds sway in the courts, and in many realms beyond the court."

Last December, Zuhair al-Harithi, a spokesman for the Saudi government-run Human Rights Commission, said his organization is fighting against child marriages.

"The Human Rights Commission opposes child marriages in Saudi Arabia," al-Harithi said. "Child marriages violate international agreements that have been signed by Saudi Arabia and should not be allowed." He added that his organization has been able to intervene and stop at least one child marriage from taking place.

Wajeha al-Huwaider, co-founder of the Society of Defending Women's Rights in Saudi Arabia, told CNN that achieving human rights in the kingdom means standing against those who want to "keep us backward and in the dark ages."

She said the marriages cause girls to "lose their sense of security and safety. Also, it destroys their feeling of being loved and nurtured. It causes them a lifetime of psychological problems and severe depression."

Wednesday, April 8, 2009

Bahrain: Mothers fighting for justice

By BASMA MOHAMMED, Posted on » Wednesday, April 08, 2009


THREE Bahraini mothers took their fight for justice to the gates of parliament yesterday, as MPs gathered inside the building for their weekly meeting.

They were hoping to persuade MPs to pass a much-awaited Family Law, saying they were fed up with women suffering at the hands of the Sharia courts.

Mother-of-four Amal Juma Abdulla led the hour-and-a-half protest and claimed women were crying out for a Family Law, which would put down in writing how courts should handle domestic disputes.

Sharia judges issue verdicts in divorce cases, child custody battles and inheritance disputes, based on their interpretation of Islamic law.

However, women's rights campaigners have claimed for years that judges often discriminate against women.

"We are demonstrating to call on MPs to find a Family Law for the Jaffari court (which handles domestic cases of the Shi'ite community)," said Ms Abdulla.

"They are discussing the Family Law for the Sunni court, but we are reminding them that we are suffering as well."

The demonstration was organised to vent frustration at MPs for failing to come up with a Family Law to protect women.

However, some clerics are said to oppose the move due to fears it could loosen their grip on the community.

"Some MPs are against this law," claimed Ms Abdulla.

"They should discuss women's problems - not only men's."

Disputes

It was her second protest in a week, having demonstrated outside the Justice Ministry with three of her children on March 31.

The GDN reported at the time that her divorce proceedings had apparently been cancelled after three years by the Sharia court, because she refused to accept child support of BD100 a month from her estranged husband.

She is still legally married to him because she rejected the final settlement, which would have also seen her pay him a one-off BD500.

She is also embroiled in a court dispute with her husband over ownership of their house, which is in her name and was given to them after they were forced to sleep rough because their old home became dangerously dilapidated.

The 33-year-old housewife was joined at yesterday's protest by Zahra Sabah Nasser Hassan and Fadheela Salman.

They held up signs that said: "Sorry MPs, but we are women suffering from injustice. Is our suffering forever?" and "We are abandoned women asking for a law that can protect us."

Ms Salman was there to extend support, but Ms Hassan appeared in the GDN in February after the Crown Prince's Court answered her call for a new home.

It offered her a new house after the Sharia court evicted her from the home she shared with her ex-husband.

The mother-of-two fought for child support and a housing allowance from her ex-husband between 2004 and 2008, but the Sharia court evicted her after ordering her ex-husband to pay her BD70 a month for housing.

Bahrain: New Family Law draft only partial

By MOHAMMED AL A' ALI, Posted on » Wednesday, April 08, 2009

A FAMILY Law for the Sunni community could soon be approved, with MPs yesterday passing a version of the bill to parliament's legislative and legal affairs committee for revision.

However, it will only apply to Sunnis since Shi'ite MPs opposed an earlier version following complaints from their religious leaders.

The government referred the new draft to parliament on Sunday, after withdrawing the original on January 13 following opposition from Shi'ite clergymen.

Opponents claimed only senior clerics should have the power to come up with such a law, with six senior religious leaders suggesting Ayatollah Ali Al Sistani should draft it from his home in Iraq.

Critics were backed by all 17 MPs from the Al Wefaq bloc, regarded as the Shi'ite community's voice in parliament.

The bloc had threatened to veto the original bill if not withdrawn.

Domestic disputes are resolved in Sharia courts, with separate systems for the Sunnis and Shias.

Sharia judges base verdicts on their interpretation of Islam, but a Family Law would standardise procedures.

Women's rights activists have long campaigned for the law, saying the existing system fosters discrimination against women.