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."
Showing posts with label sharia courts. Show all posts
Showing posts with label sharia courts. Show all posts
Monday, April 13, 2009
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.
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.
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.
Wednesday, October 29, 2008
Bahrain: Women seek better deal
TEN Bahraini women caught up in divorce wrangles and other domestic disputes demonstrated outside parliament yesterday, asking MPs to intervene and protect women's rights in Sharia courts.
Campaigner Amal Juma Abdulla led them in the demonstration coinciding with parliament's weekly session.
"We want to be the voice of all Bahraini women facing problems in courts.
"We respect our Islamic laws and our judges, we are only asking for our rights and nothing else."
MPs Hassan Sultan and Hussain Jassim met the women during their hour-and-a-half demonstration and were given a letter from Ms Abdulla.
"Mr Sultan told us he will present the letter at the session. He was very sympathetic about our cases and said these issue were well-known," said Ms Abdulla.
"I think if it is well-known, why don't they fix the law or implement some serious changes that can help us."
The letter highlighted various issues, including delayed hearings and alleged bias in favour of men.
In the letter, the women called for the intervention of the country's leadership.
Ms Abdulla has already met Supreme Judicial Council deputy head and Cassation Court head Shaikh Khalifa bin Rashid Al Khalifa and Justice and Islamic Affairs Ministry assistant under-secretary for court and notary affairs Judge Khaled Agagi to explain the issues they were trying to raise.
By BASMA MOHAMMED, Gulf Daily News
Campaigner Amal Juma Abdulla led them in the demonstration coinciding with parliament's weekly session.
"We want to be the voice of all Bahraini women facing problems in courts.
"We respect our Islamic laws and our judges, we are only asking for our rights and nothing else."
MPs Hassan Sultan and Hussain Jassim met the women during their hour-and-a-half demonstration and were given a letter from Ms Abdulla.
"Mr Sultan told us he will present the letter at the session. He was very sympathetic about our cases and said these issue were well-known," said Ms Abdulla.
"I think if it is well-known, why don't they fix the law or implement some serious changes that can help us."
The letter highlighted various issues, including delayed hearings and alleged bias in favour of men.
In the letter, the women called for the intervention of the country's leadership.
Ms Abdulla has already met Supreme Judicial Council deputy head and Cassation Court head Shaikh Khalifa bin Rashid Al Khalifa and Justice and Islamic Affairs Ministry assistant under-secretary for court and notary affairs Judge Khaled Agagi to explain the issues they were trying to raise.
By BASMA MOHAMMED, Gulf Daily News
Saturday, August 2, 2008
Saudi Arabia: Women can issue Fatwas, be Muftis: Sheikh Abdullah Al-Manea
A senior member of the Board of Senior Ulemas has said women are allowed to join the board in order to break the monopoly held by men.
Sheikh Abdullah Al-Manea said women have the same Shariah obligations in creating religious edicts or ‘Fatwas.’
“I don’t see anything in Shariah law which prevents women from becoming a scholar, mufti or working in any consultative body if she is courteous,” said Al-Manea in an Al-Watan interview.
“Women share in the responsibility of discussing social issues.”
He said as long as they do not provide an opportunity for men to view them with lust there is nothing stopping them from becoming the head of an organization.
Suhaila Zain Al-Abdeen, member of the National Human Rights Society said there is a pressing need for women to participate in edicts on sensitive matters.
He said women can work in the same organization as men as long as they work separately.
“Even though men and women are different they share a number of similarities. There is nothing which prohibits a woman from working alongside men as long as they do not mingle,” Al-Manea said.
Al-Manea said in Islam there are no restrictions on men hearing the voice of women, noting that the Prophet’s wives used to answer questions from men they did not know but they were divided by a curtain.
“This shows that a woman’s voice is permissible to be heard by men,” he said referring to an idea that hearing a woman’s voice is a temptation.
“This shows us that knowledge is not limited to men but in the time of the Prophet (pbuh) women were authorities in different fields of knowledge.
Abdul Rahamn Al-Zenadi an Islamic culture teacher at Imam Muhammad Bin Saud Islamic University in Riyadh said “We have in the Kingdom several Saudi women who are authorities on Shariah law. “
“Several law professors are stressing they are more capable of giving edicts than many muftis who appear on some satellite channels,” Al-Zenadi said.
---Saudi Gazette
Sheikh Abdullah Al-Manea said women have the same Shariah obligations in creating religious edicts or ‘Fatwas.’
“I don’t see anything in Shariah law which prevents women from becoming a scholar, mufti or working in any consultative body if she is courteous,” said Al-Manea in an Al-Watan interview.
“Women share in the responsibility of discussing social issues.”
He said as long as they do not provide an opportunity for men to view them with lust there is nothing stopping them from becoming the head of an organization.
Suhaila Zain Al-Abdeen, member of the National Human Rights Society said there is a pressing need for women to participate in edicts on sensitive matters.
He said women can work in the same organization as men as long as they work separately.
“Even though men and women are different they share a number of similarities. There is nothing which prohibits a woman from working alongside men as long as they do not mingle,” Al-Manea said.
Al-Manea said in Islam there are no restrictions on men hearing the voice of women, noting that the Prophet’s wives used to answer questions from men they did not know but they were divided by a curtain.
“This shows that a woman’s voice is permissible to be heard by men,” he said referring to an idea that hearing a woman’s voice is a temptation.
“This shows us that knowledge is not limited to men but in the time of the Prophet (pbuh) women were authorities in different fields of knowledge.
Abdul Rahamn Al-Zenadi an Islamic culture teacher at Imam Muhammad Bin Saud Islamic University in Riyadh said “We have in the Kingdom several Saudi women who are authorities on Shariah law. “
“Several law professors are stressing they are more capable of giving edicts than many muftis who appear on some satellite channels,” Al-Zenadi said.
---Saudi Gazette
Wednesday, July 16, 2008
Bahrain: Bahrain to submit final family law draft
Manama: The 20-year struggle to stop the maltreatment of women in shariah courts might end with the final draft of the family law to be submitted to the Women's Union on Saturday, an activist said on Wednesday.
The President of the Women's Union, Mariam Al Ruwai, told Gulf News the proposed legislation had been drafted by Sunni and Shiite scholars to avoid criticism. She said that after receiving the draft the union with members from all women's societies would form a panel to follow up its implementation process with concerned bodies.
---Gulf News
The President of the Women's Union, Mariam Al Ruwai, told Gulf News the proposed legislation had been drafted by Sunni and Shiite scholars to avoid criticism. She said that after receiving the draft the union with members from all women's societies would form a panel to follow up its implementation process with concerned bodies.
---Gulf News
Monday, March 31, 2008
Saudi Arabia: Women to Work in Saudi Courts - Justice Minister
RIYADH - Saudi women are to be employed in soon-to-be-established reception centers at courts, Minister of Justice Abdullah Al-Asheikh announced here yesterday.
These women-only reception centers will provide legal assistance before cases are brought before judges.
“We have come up with a mechanism in which women can reach judges without having to mingle with men,” said Al-Asheikh.
“These reception centers will deal with women visitors and convey their requests to judges.”
Speaking to reporters on a host of issues after a meeting with members of the Human Rights Commission (HRC), Al-Asheikh said that law graduates in the Kingdom would be accepted by the Ministry of Justice to work as legal experts along with Shariah judges.
Commenting on Custodian of the Two Holy Mosques King Abdullah’s call for stricter punishment for rapists following the pardoning of the “Qatif Girl” last year, Al-Asheikh said the matter was still in court and, therefore, he was unable to comment.
Asked whether Fatima and Mansour’s case — the couple who were forcefully divorced by a court in Al-Jouf in 2005 — would be sent to the Supreme Judicial Council, Al-Asheikh remarked, “The case has already been looked at in court.”
Regarding delays in issuing rulings, the minister said the Kingdom’s courts had become more efficient.
He added that issues with the slow administration of justice were not just confined to the Kingdom but exist universally.
Replying to a question about shortage of judges in the Kingdom — according to the HRC, there are only 1,300 judges in Saudi Arabia and that each judge issues rulings on around 560 cases per year — Al-Asheikh admitted, “The number of judges has still not reached desired levels.”
The minister also denied there was discrimination in the appointment of judges and that judges from certain regions of the Kingdom were being favored.
“That is nothing but newspaper talk,” he said. “The judiciary is open to anyone qualified to apply.”
---Arab News
These women-only reception centers will provide legal assistance before cases are brought before judges.
“We have come up with a mechanism in which women can reach judges without having to mingle with men,” said Al-Asheikh.
“These reception centers will deal with women visitors and convey their requests to judges.”
Speaking to reporters on a host of issues after a meeting with members of the Human Rights Commission (HRC), Al-Asheikh said that law graduates in the Kingdom would be accepted by the Ministry of Justice to work as legal experts along with Shariah judges.
Commenting on Custodian of the Two Holy Mosques King Abdullah’s call for stricter punishment for rapists following the pardoning of the “Qatif Girl” last year, Al-Asheikh said the matter was still in court and, therefore, he was unable to comment.
Asked whether Fatima and Mansour’s case — the couple who were forcefully divorced by a court in Al-Jouf in 2005 — would be sent to the Supreme Judicial Council, Al-Asheikh remarked, “The case has already been looked at in court.”
Regarding delays in issuing rulings, the minister said the Kingdom’s courts had become more efficient.
He added that issues with the slow administration of justice were not just confined to the Kingdom but exist universally.
Replying to a question about shortage of judges in the Kingdom — according to the HRC, there are only 1,300 judges in Saudi Arabia and that each judge issues rulings on around 560 cases per year — Al-Asheikh admitted, “The number of judges has still not reached desired levels.”
The minister also denied there was discrimination in the appointment of judges and that judges from certain regions of the Kingdom were being favored.
“That is nothing but newspaper talk,” he said. “The judiciary is open to anyone qualified to apply.”
---Arab News
Friday, February 1, 2008
Saudi Arabia: UN calls for Saudis to end male guardianship
GENEVA - (AP) A United Nations human rights body called on Saudi Arabia on Friday to immediately end its system of male guardianship which it said severely limits the basic freedoms of women in the kingdom.
The UN Committee on the Elimination of Discrimination Against Women, in its first scrutiny of Saudi Arabia’s gender equality record, said Islamic Sharia law should not trump an international women’s rights treaty that Riyadh signed in 2000.
The committee’s 23 independent experts urged Saudi Arabia to ‘amend its legislation to confirm that international treaties have precedence over domestic laws,’ and ‘enact a comprehensive gender equality law’.
They also said that Riyadh should ‘take immediate steps to end the practice of male guardianship over women’ and work to eliminate ‘negative cultural practices and stereotypes’ which discriminate against women.
Saudi Arabia’s system of male guardianship severely curtails the rights afforded in the 1979 Convention on the Elimination of All Forms of Discrimination Against Women, the committee said.
The rules restrict women’s legal rights in marriage, divorce, child custody, inheritance, property ownership and decision-making in the family, as well as choice of residency, education and jobs, the committee said.
It ‘contributes to the prevalence of a patriarchal ideology with stereotypes and the persistence of deep-rooted cultural norms, customs and traditions that discriminate against women,’ the committee said. A de facto ban on Saudi women driving further reinforces such stereotypes, the UN body concluded.
Although the body has no legal power to enforce its recommendations, it is regarded as a moral authority on women’s rights.
Saudis say no discrimination
A report submitted by Riyadh on its compliance with the treaty said that generally there was ‘no discrimination against women in the laws of the kingdom’.
A Saudi delegation led by Zeid Bin Abdul Mushin Al Hussein, vice president of the Saudi Human Rights Commission, told the committee during a recent debate: ‘Human rights in the kingdom of Saudi Arabia are based on Sharia law.’
Saudi clerics, who rule according to the strict religious tenets, have wide powers in Saudi Arabia under a traditional pact with the royal family.
The country drew international criticism after its Supreme Judicial Council ordered a 19-year-old to 200 lashes and six months in jail for having been with a man she was not related to when she was attacked and raped by seven other men in 2006.
King Abdullah pardoned the gang-rape victim in December.
The UN committee urged Riyadh to withdraw its proviso that Islamic law take precedence over the women’s rights treaty, particularly as Saudi authorities have given assurances that there is ‘no contradiction in substance’ between the two.
The committee’s conclusions were issued at the end of a three-week meeting during which it also reviewed other states.
The UN Committee on the Elimination of Discrimination Against Women, in its first scrutiny of Saudi Arabia’s gender equality record, said Islamic Sharia law should not trump an international women’s rights treaty that Riyadh signed in 2000.
The committee’s 23 independent experts urged Saudi Arabia to ‘amend its legislation to confirm that international treaties have precedence over domestic laws,’ and ‘enact a comprehensive gender equality law’.
They also said that Riyadh should ‘take immediate steps to end the practice of male guardianship over women’ and work to eliminate ‘negative cultural practices and stereotypes’ which discriminate against women.
Saudi Arabia’s system of male guardianship severely curtails the rights afforded in the 1979 Convention on the Elimination of All Forms of Discrimination Against Women, the committee said.
The rules restrict women’s legal rights in marriage, divorce, child custody, inheritance, property ownership and decision-making in the family, as well as choice of residency, education and jobs, the committee said.
It ‘contributes to the prevalence of a patriarchal ideology with stereotypes and the persistence of deep-rooted cultural norms, customs and traditions that discriminate against women,’ the committee said. A de facto ban on Saudi women driving further reinforces such stereotypes, the UN body concluded.
Although the body has no legal power to enforce its recommendations, it is regarded as a moral authority on women’s rights.
Saudis say no discrimination
A report submitted by Riyadh on its compliance with the treaty said that generally there was ‘no discrimination against women in the laws of the kingdom’.
A Saudi delegation led by Zeid Bin Abdul Mushin Al Hussein, vice president of the Saudi Human Rights Commission, told the committee during a recent debate: ‘Human rights in the kingdom of Saudi Arabia are based on Sharia law.’
Saudi clerics, who rule according to the strict religious tenets, have wide powers in Saudi Arabia under a traditional pact with the royal family.
The country drew international criticism after its Supreme Judicial Council ordered a 19-year-old to 200 lashes and six months in jail for having been with a man she was not related to when she was attacked and raped by seven other men in 2006.
King Abdullah pardoned the gang-rape victim in December.
The UN committee urged Riyadh to withdraw its proviso that Islamic law take precedence over the women’s rights treaty, particularly as Saudi authorities have given assurances that there is ‘no contradiction in substance’ between the two.
The committee’s conclusions were issued at the end of a three-week meeting during which it also reviewed other states.
Thursday, January 31, 2008
Saudi Arabia: Editorial - Let Us Codify Shariah Laws
The judicial system has often been criticized at home and abroad for its failure to administer justice, largely due to inadequate legal procedures, red tape and rigid interpretation of Shariah law by some of the appointed judges.
Many legal experts have pointed out that the problem with the current system is both qualitative and quantitative. Courts are overburdened, and there is an acute shortage of judges; therefore, courts may take years to rule on simple cases of divorce or family disputes. Furthermore, bureaucracy and red tape create further delays.
Custodian of the Two Holy Mosques King Abdullah announced a major project to reform the judicial system, and SR7 billion has been allocated to upgrade courts and to train judges in an attempt to reform the entire judiciary. Planned changes include establishing special criminal courts and family courts along with courts for issues related to traffic, the economy, business and sports.
The Ministry of Justice has defined the new jobs that will be available with the start of the specialized courts this year. The ministry will also provide legal training to guarantee more qualified judges and lawyers.
However, Muslim scholars believe that more drastic measures need to be taken to achieve successful reforms.
“To reform the judiciary, we need to reform the Shariah colleges first and upgrade the level of these institutions,” said Dr. Tarek Al-Suwaidan, a prominent Muslim scholar. “There should be a more advanced curriculum, and the teaching standards should be enhanced.”
The reason behind the poor quality of education in these very important institutions is the poor academic standard of their students. The students who enroll in these colleges are the ones who graduate from school with poor or average grades; therefore, they are not usually the brightest. Furthermore, their studies are mostly confined to subjects related to Islamic jurisprudence.
Al-Suwaidan urged the creation of well-rounded Muslim scholars and judges familiar with international law and educated on aspects of modern-day needs and concerns. Students who join Shariah colleges should have a bachelor’s degree in business, law or other specialized fields to make them more knowledgeable and guarantee a higher standard of qualification. Shariah law graduates should be well-versed in current commercial laws and be familiar with cyberspace crime, copyright violations or labor issues.
The inadequacy of current judges and their narrow breadth of knowledge have created many grievances and denied both nationals and expatriates their right to fair trials and legal representation in the Kingdom.
When the Prophet (peace be upon him) spoke more than 1,400 years ago, he tailored his words to the people of that time and addressed the issues of those days in terms understandable to much simpler people in much simpler times. In a world made smaller by transportation and telecommunications networks and a world of great cities and global commerce, it is incumbent upon the keepers of Shariah law to ensure the relevance of its interpretation in the daily lives of the millions of adherents to Islam today.
For judges to ignore such advancements either through ignorance or tunnel vision is to jeopardize the relevance of Shariah law in a modern world — an attitude that draws the derision of the world when a young rape victim, already sentenced to prison and corporal punishment, has her sentence increased because she spoke to a newspaper. What message is sent to the people of this Kingdom and the world, for that matter, when a gang of rapists gets sentences of a few years because of “mitigating” circumstances?
The Qatif rape case received public and international condemnation, and there was strong public pressure demanding her acquittal. However, the Saudi judiciary refused to alter its sentence until Custodian of the Two Holy Mosques King Abdullah finally intervened to save the poor victim from the brutal sentence.
What do we tell our own people or the world, for that matter, about how we value the rights of women when her brothers can order her divorce because they don’t approve of the husband their late father chose? The brothers’ contention was that she had shamed her tribe, but we as a people should be ashamed of a legal system where such a case could be initiated, where a family could be broken up and a mother and her children could be forced to live in a shelter. We should support our leaders in their efforts to reform such a system.
How can we take pride in a system that denies a mother’s petitions to gain custody of a child from her abusive husband that becomes moot after the man beats his child to death?
The National Society for Human Rights recently published a report that strongly criticized the judicial system for failing to serve justice. The report outlined many human rights violations, among them rampant discrimination against women, essentially sanctioning domestic violence, awful conditions in Saudi prisons, and the maltreatment of non-Saudis in the Kingdom. The report also railed against the actions of the Commission for the Promotion of Virtue and Prevention of Vice in its dealings with law-abiding citizens.
“We need to establish civic courts administered by judges who have graduated from law colleges with degrees obtained from abroad,” said Kamel Ahmad Al-Shamsi, a Saudi legal expert. “We need to use the expertise of other, more advanced Arab countries in civic law and sign contracts with cadres who can serve as consultants and judges.”
It is unfortunate that these views are not shared by many of the Saudi judges who insist that students should learn through apprenticeships and with scholars who can trace their learning to Islam’s roots — not from qualified law professors. This is the reason behind the lack of a globally accepted qualification of a Shariah scholar and the absence of globally accepted standards for Shariah rules. Shariah rules continue to be subject to different interpretations from different Muslim scholars who are reluctant to codify Shariah laws, and there is a lack of consensus on many issues that are of major concern to Muslims today.
Some Shariah experts say it may take more than a decade to train more scholars, and even the optimistic ones do not expect a new generation of qualified scholars for at least five years. However, Muslim scholars cannot afford to lag behind and miss the global opportunities for progress and development, they must contribute toward the advancement of their societies. Any misstep could lead our people back to an impoverished past instead of a prosperous future.
The rest of the world will not stop and give us a decade to figure it out. Our indecision and acquiescence on such matters just improve the chances for other nations to better the lives of their people at our expense.
Sheikh Nizam Yaquby, one of the most respected Shariah scholars, recently told reporters that it is essential to train more scholars for Islamic bank supervision to keep up with the global demand. He said: “There are roughly 50 to 60 scholars in the world qualified to advise banks on Islamic law, and as many as ten times more are required to serve in the Middle East alone.” The London-based Chartered Institute of Management Accountants said: “The rapid growth of Islamic banking had fueled a need for Muslim financial experts. However, scholars must be experts in Islamic law and Islamic banking and, at the same time, have a thorough knowledge of conventional laws and banking systems, which requires a high standard of English.”
Reforming the legal system and training more judges will not be easy; however, it should continue to be a government priority. It is essential for our scholars to be globally connected with the needs and concerns of the international Muslim community. The codification of the Shariah law is, therefore, necessary. Moreover, it is essential not only to outline the rights and duties of citizens and expatriates alike but also to define the responsibilities and limits of all religious officials.
No one should be above the law — not judges, not members of the Commission for the Promotion of Virtue and Prevention of Vice, not the wealthy, not religious scholars. Our country will prosper only when our citizens and our guest workers are guaranteed the protection of the law. Future generations will be able to contribute and compete with the rest of the world only if they are assured the implementation of justice for all — and all can only mean everybody.
— Samar Fatany is a Saudi radio journalist. She can be reached at samarfatany@hotmail.com.
Arab News
Many legal experts have pointed out that the problem with the current system is both qualitative and quantitative. Courts are overburdened, and there is an acute shortage of judges; therefore, courts may take years to rule on simple cases of divorce or family disputes. Furthermore, bureaucracy and red tape create further delays.
Custodian of the Two Holy Mosques King Abdullah announced a major project to reform the judicial system, and SR7 billion has been allocated to upgrade courts and to train judges in an attempt to reform the entire judiciary. Planned changes include establishing special criminal courts and family courts along with courts for issues related to traffic, the economy, business and sports.
The Ministry of Justice has defined the new jobs that will be available with the start of the specialized courts this year. The ministry will also provide legal training to guarantee more qualified judges and lawyers.
However, Muslim scholars believe that more drastic measures need to be taken to achieve successful reforms.
“To reform the judiciary, we need to reform the Shariah colleges first and upgrade the level of these institutions,” said Dr. Tarek Al-Suwaidan, a prominent Muslim scholar. “There should be a more advanced curriculum, and the teaching standards should be enhanced.”
The reason behind the poor quality of education in these very important institutions is the poor academic standard of their students. The students who enroll in these colleges are the ones who graduate from school with poor or average grades; therefore, they are not usually the brightest. Furthermore, their studies are mostly confined to subjects related to Islamic jurisprudence.
Al-Suwaidan urged the creation of well-rounded Muslim scholars and judges familiar with international law and educated on aspects of modern-day needs and concerns. Students who join Shariah colleges should have a bachelor’s degree in business, law or other specialized fields to make them more knowledgeable and guarantee a higher standard of qualification. Shariah law graduates should be well-versed in current commercial laws and be familiar with cyberspace crime, copyright violations or labor issues.
The inadequacy of current judges and their narrow breadth of knowledge have created many grievances and denied both nationals and expatriates their right to fair trials and legal representation in the Kingdom.
When the Prophet (peace be upon him) spoke more than 1,400 years ago, he tailored his words to the people of that time and addressed the issues of those days in terms understandable to much simpler people in much simpler times. In a world made smaller by transportation and telecommunications networks and a world of great cities and global commerce, it is incumbent upon the keepers of Shariah law to ensure the relevance of its interpretation in the daily lives of the millions of adherents to Islam today.
For judges to ignore such advancements either through ignorance or tunnel vision is to jeopardize the relevance of Shariah law in a modern world — an attitude that draws the derision of the world when a young rape victim, already sentenced to prison and corporal punishment, has her sentence increased because she spoke to a newspaper. What message is sent to the people of this Kingdom and the world, for that matter, when a gang of rapists gets sentences of a few years because of “mitigating” circumstances?
The Qatif rape case received public and international condemnation, and there was strong public pressure demanding her acquittal. However, the Saudi judiciary refused to alter its sentence until Custodian of the Two Holy Mosques King Abdullah finally intervened to save the poor victim from the brutal sentence.
What do we tell our own people or the world, for that matter, about how we value the rights of women when her brothers can order her divorce because they don’t approve of the husband their late father chose? The brothers’ contention was that she had shamed her tribe, but we as a people should be ashamed of a legal system where such a case could be initiated, where a family could be broken up and a mother and her children could be forced to live in a shelter. We should support our leaders in their efforts to reform such a system.
How can we take pride in a system that denies a mother’s petitions to gain custody of a child from her abusive husband that becomes moot after the man beats his child to death?
The National Society for Human Rights recently published a report that strongly criticized the judicial system for failing to serve justice. The report outlined many human rights violations, among them rampant discrimination against women, essentially sanctioning domestic violence, awful conditions in Saudi prisons, and the maltreatment of non-Saudis in the Kingdom. The report also railed against the actions of the Commission for the Promotion of Virtue and Prevention of Vice in its dealings with law-abiding citizens.
“We need to establish civic courts administered by judges who have graduated from law colleges with degrees obtained from abroad,” said Kamel Ahmad Al-Shamsi, a Saudi legal expert. “We need to use the expertise of other, more advanced Arab countries in civic law and sign contracts with cadres who can serve as consultants and judges.”
It is unfortunate that these views are not shared by many of the Saudi judges who insist that students should learn through apprenticeships and with scholars who can trace their learning to Islam’s roots — not from qualified law professors. This is the reason behind the lack of a globally accepted qualification of a Shariah scholar and the absence of globally accepted standards for Shariah rules. Shariah rules continue to be subject to different interpretations from different Muslim scholars who are reluctant to codify Shariah laws, and there is a lack of consensus on many issues that are of major concern to Muslims today.
Some Shariah experts say it may take more than a decade to train more scholars, and even the optimistic ones do not expect a new generation of qualified scholars for at least five years. However, Muslim scholars cannot afford to lag behind and miss the global opportunities for progress and development, they must contribute toward the advancement of their societies. Any misstep could lead our people back to an impoverished past instead of a prosperous future.
The rest of the world will not stop and give us a decade to figure it out. Our indecision and acquiescence on such matters just improve the chances for other nations to better the lives of their people at our expense.
Sheikh Nizam Yaquby, one of the most respected Shariah scholars, recently told reporters that it is essential to train more scholars for Islamic bank supervision to keep up with the global demand. He said: “There are roughly 50 to 60 scholars in the world qualified to advise banks on Islamic law, and as many as ten times more are required to serve in the Middle East alone.” The London-based Chartered Institute of Management Accountants said: “The rapid growth of Islamic banking had fueled a need for Muslim financial experts. However, scholars must be experts in Islamic law and Islamic banking and, at the same time, have a thorough knowledge of conventional laws and banking systems, which requires a high standard of English.”
Reforming the legal system and training more judges will not be easy; however, it should continue to be a government priority. It is essential for our scholars to be globally connected with the needs and concerns of the international Muslim community. The codification of the Shariah law is, therefore, necessary. Moreover, it is essential not only to outline the rights and duties of citizens and expatriates alike but also to define the responsibilities and limits of all religious officials.
No one should be above the law — not judges, not members of the Commission for the Promotion of Virtue and Prevention of Vice, not the wealthy, not religious scholars. Our country will prosper only when our citizens and our guest workers are guaranteed the protection of the law. Future generations will be able to contribute and compete with the rest of the world only if they are assured the implementation of justice for all — and all can only mean everybody.
— Samar Fatany is a Saudi radio journalist. She can be reached at samarfatany@hotmail.com.
Arab News
Saturday, January 26, 2008
Bahrain: Female judges proposed for Shariah courts in Bahrain
The recruitment of women as Shariah judges has been suggested as a solution to the problems faced by females at Islamic-oriented courts in Bahrain by the Freedom in the World 2008 report.
It highlights that women face hardships due to delay in court proceedings especially in divorce cases.Although the kingdom recruited the first women judge in 2006 for a civilian court, the Shariah courts mainly dealing with marital conflicts have no female judge.
Published recently by the Freedom House, the report also calls upon Bahrain to sign the optional protocol of Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) that allows women to file complaints with the CEDAW committee if they are denied justice in their own countries.
Freedom House is an independent non-governmental organisation that conducted the part on Bahrain with the assistance of Bahraini human rights and woman activist Dr Sabika Najjar.
On the scale of 1-7 with seventh being rated as the least free country, the kingdom was rated fifth on the 'map of freedom’ for political rights and civil liberties.
The report judged the kingdom on five parameters -non-discrimination and access to justice, autonomy, security and personal freedom, economic rights and equal opportunity, political rights and civic voice and social and cultural rights. The report says that despite efforts of the government and NGOs, there was no codified family law in the kingdom.
The recommendations of the report include women to be represented in Municipal Councils. A gender integration plan to increase women in decision-making in private and public sectors was also suggested.
- Khaleej Times
It highlights that women face hardships due to delay in court proceedings especially in divorce cases.Although the kingdom recruited the first women judge in 2006 for a civilian court, the Shariah courts mainly dealing with marital conflicts have no female judge.
Published recently by the Freedom House, the report also calls upon Bahrain to sign the optional protocol of Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) that allows women to file complaints with the CEDAW committee if they are denied justice in their own countries.
Freedom House is an independent non-governmental organisation that conducted the part on Bahrain with the assistance of Bahraini human rights and woman activist Dr Sabika Najjar.
On the scale of 1-7 with seventh being rated as the least free country, the kingdom was rated fifth on the 'map of freedom’ for political rights and civil liberties.
The report judged the kingdom on five parameters -non-discrimination and access to justice, autonomy, security and personal freedom, economic rights and equal opportunity, political rights and civic voice and social and cultural rights. The report says that despite efforts of the government and NGOs, there was no codified family law in the kingdom.
The recommendations of the report include women to be represented in Municipal Councils. A gender integration plan to increase women in decision-making in private and public sectors was also suggested.
- Khaleej Times
Friday, October 5, 2007
Saudi Arabia: Overhaul of Legal System
Saudi Arabia has announced an overhaul of its judicial system, including the allocation of $2bn (£981m) for training judges and building new courts.
The reforms, by royal decree, will lead to the creation of a supreme court, an appeals court and new general courts to replace the Supreme Judicial Council.
Reformers have welcomed the measures, which they say will improve human rights and help modernise the country.
They complain that the current judicial system is often opaque and arbitrary.
Until now, Saudi judges have had wide discretion to issue rulings according to their own interpretation of Islamic Sharia law.
The judiciary has also long resisted the codification of laws or the reliance on precedent when making a ruling.
Defendants also do not have recourse to appeal and often have no right to proper legal representation.
Unchecked powers
The new reforms announced by King Abdullah are aimed at addressing some of these perceived failings and at introducing safeguards such as appeal courts that can overturn decisions by lower courts, the BBC's Heba Saleh says.
The decree sets up two supreme courts for the general courts and administrative courts, according to Hassan al-Mulla, the head of the Saudi Bar Association.
These courts will replace the Supreme Judicial Council, which will now only review administrative issues such as judges' salaries and appointments.
Mr Mulla said the decree also set up specialised court circuits within the system for commercial, labour and personal status cases.
Ministerial tribunals previously dealt with labour disputes and the system did not allow for internationally-recognised processes of appeal.
Saudi reformers say the changes will chip away at the unchecked powers of the conservative clerics, who lead the judiciary.
Although Islamic law will remain at the heart of the system, they argue that both human rights and the business environment will benefit from the overhaul.
The king will appoint the head of the Supreme Court. The reformers say he is interested in modernisation so he is likely to choose someone who will further his plans, our correspondent says.
- BBC News
The reforms, by royal decree, will lead to the creation of a supreme court, an appeals court and new general courts to replace the Supreme Judicial Council.
Reformers have welcomed the measures, which they say will improve human rights and help modernise the country.
They complain that the current judicial system is often opaque and arbitrary.
Until now, Saudi judges have had wide discretion to issue rulings according to their own interpretation of Islamic Sharia law.
The judiciary has also long resisted the codification of laws or the reliance on precedent when making a ruling.
Defendants also do not have recourse to appeal and often have no right to proper legal representation.
Unchecked powers
The new reforms announced by King Abdullah are aimed at addressing some of these perceived failings and at introducing safeguards such as appeal courts that can overturn decisions by lower courts, the BBC's Heba Saleh says.
The decree sets up two supreme courts for the general courts and administrative courts, according to Hassan al-Mulla, the head of the Saudi Bar Association.
These courts will replace the Supreme Judicial Council, which will now only review administrative issues such as judges' salaries and appointments.
Mr Mulla said the decree also set up specialised court circuits within the system for commercial, labour and personal status cases.
Ministerial tribunals previously dealt with labour disputes and the system did not allow for internationally-recognised processes of appeal.
Saudi reformers say the changes will chip away at the unchecked powers of the conservative clerics, who lead the judiciary.
Although Islamic law will remain at the heart of the system, they argue that both human rights and the business environment will benefit from the overhaul.
The king will appoint the head of the Supreme Court. The reformers say he is interested in modernisation so he is likely to choose someone who will further his plans, our correspondent says.
- BBC News
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