WHEN ISLAMIC LAWS COLLIDE WITH PROGRESS!
INTRODUCTION: Islamic laws or Sharia have always been repressive and unprotecting of the weakest in societies - women and minorities. In Sharia – both women and minorities occupy subservient status that makes them vulnerable to social injustices and exploitations. Islamic theologians are quick to defend the Shariat to be in keeping with Islamic traditions and will always argue that women have ‘protected’ status and minorities are ‘free’ in their persuits, when in fact, Shariat contravenes the Universal Declaration of Human Rights.
The Islamic charter for human rights is a carefully crafted document, it is very carefully worded, often citing the implementation of human rights, in light of the Islamic Shariah laws. Most Islamic countries have opted out of signing Universal declarations of human rights as they have had concerns to issues relating to gender issues or Women rights and rights of their non-muslim minorities.
CASE STUDIES: In Egypt a controversial law concerning marriage and divorce was enacted on Jan 27 ’00 to provide hope for tens of thousands of Egyptian women trapped in abused marriages. Two days after the law’s passage, Mossad Gabr became the first woman to sue for divorce under a section that permits a woman to leave her spouse even if he objects.
The reform has benefited Mossad Gabr because it enshrines an old Islamic legal concept called ‘khula’, which means that, for the first time, a woman in Egypt is able to divorce her husband on her own initiative if she is willing to return her dowry and free her spouse from financial obligations. However, she will still be entitled to support payments for their three children.
The section is one of several small changes meant to partially redress male domination in the legal system, in particular as it deals with divorce and other family-law issues. The amended law, nine years in the making, sparked an unusually lively and widespread debate inside and outside parliament, in part because it touched so many sensitive social issues. Religious traditionalists and liberals weighed in on the reforms, which a majority of Egyptians agreed should be in keeping with Sharia.
Similarly, the Moroccan government’s plan to assist women caught in unhappy marriages, by enacting more rights plan immediately ran into trouble as hundreds of thousands of Islamists, many of them veiled women, took to the streets on Sunday to protest against the government’s plans. The plan would ban polygamy, raise the legal age for marriage from 14 to 18 and allow women half their husbands’ wealth in case of divorce or death. It would also put the right to divorce in the hands of a judge rather than the husband.
Muslim theologians have fiercely denounced the plan, saying it would discourage men from marriage and incite ``prostitution and debauchery’’ and would be against Islamic law. They contend that Morocco is a Muslim country and Islam must remain the ultimate reference on all issues.
SECULARISM OR FUNDAMENTALISM: Clearly, the solutions suggested above impinge on the Islamic Sharia and powers enjoyed by the male-dominated societies. The Sharia, where implemented in the Muslim world today, serves the purpose of legitimating and encouraging the maintenance of ruling powers. It has become a political instrument, used by the elite to maintain power and effectively dis-empower opponents or opposition.
Finally, we can let history be our guide and learn that usurpers of powers, be they civilians or religious, are averse to changes that could jeopardize the powers & previleges they have bestowed upon themselves. Religion is but a pawn in the preservation of that status quo.