Illiterate ‘Parda-Nashin’ Women’s Assets Can’t Be Sold Sans Their Consent: Pakistan SC
New Age Islam News Bureau
21 May 2022
• Six Saudis among Arab World’s Most Inspirational
Businesswomen
• Saudi Arabia: Women in Work Has ‘Doubled’ To Over
35% Of Labour Force
• Saudi Aid Agency Reviews Project to Protect Women in
Yemen
• Algerian Women Join Hands to Oppose Law Banning
Custody of Children to Divorced Mothers
• Spotify Continues To Acknowledge Pakistani Women
Artists
• A chat with Dana Eden and Daniel Syrkin on the
second season of Tehran
Compiled by New
Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/illiterate-parda-nashin-women-pakistan-sc/d/127059
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Illiterate ‘Parda-Nashin’ Women’s Assets Can’t Be Sold Sans Their Consent: Pakistan SC
Representative Photo
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Nasir Iqbal
May 21, 2022
ISLAMABAD: The Supreme Court has held that depriving
an illiterate ‘Parda-Nashin’ (covered) woman of a large proportion of her
property without professional or independent advice, or without making her
understand the deed, was not sustainable in law.
“The real point is that the disposition of property
must be substantially understood,” the Supreme Court held in a judgement
authored by Justice Muhammad Ali Mazhar.
Justice Mazhar was a member of a two-judge bench
headed by Justice Sardar Tariq Masood, which had taken up an appeal against an
April 15, 2019 rejection by the Lahore High Court Rawalpindi bench of the
concurrent findings of a Rawalpindi civil judge and the additional district and
sessions judge.
The case involves a gift deed of properties inherited
by Ms Zaibunnisa and Ms Hameeda Bibi, both illiterate and parda-nashin,
prepared fraudulently by their brother on a blank paper through
misrepresentation.
The all-encompassing evidence recorded in the trial
court, the judgement said, exemplifies that the women were not aware of the
type of document they were going to sign so, taking advantage of their
illiteracy, the brother managed the execution of the gift in his favour.
Nothing was brought on record to prove that any
disinterested, neutral or nonaligned person read over the indenture of the gift
to the illiterate and parda-nashin women, the verdict noted. Such documents
severely and gravely jeopardise the interest of illiterate and parda-nashin
women in favour of any person having a relationship of profuse confidence and
faith with them; they require stringent testimony and authentication of
execution with the assurance of independent and unprejudiced advice to such
women with further confirmation and reassurance without any doubt that the description,
repercussions and aftermath/end result of the transaction was fully explained
and understood.
The burden of proof, the judgement said, will always
rest upon the person who entreats to uphold the transaction entered into with
the parda-nashin or illiterate woman to establish that the document was
executed by her after mindfulness of the transaction, the judgement said. It
added that it was imperative for the courts as an assiduous duty and obligation
that while dealing with instances of any document executed by parda-nashin or
illiterate woman, it ought to be satisfied with clear evidence that the
document was, in fact, executed by her or by a duly constituted attorney
appointed by her with full understanding and intelligence regarding the nature
of the document.
“The parda-nashin women have been given protection in
view of social conditions that include an imperfect knowledge of the world
being virtually excluded from communion with the outside world,” it said,
adding the rationale of this rule of wisdom and concentration was obviously to
shield them from deception, duress and misrepresentation.
The verdict also cited a number of precedents from
different jurisdictions to establish that it was for the person claiming the
benefit of any such disposition to establish affirmatively that it was
substantially understood by the woman and was really her free and intelligent
act. It further said if she was illiterate, it must have been read over to her
and if the terms were intricate they must have been adequately explained.
The onus to prove the transaction being legitimate and
free from all suspicions and doubts surrounding it can only be proved if it was
established that the woman was fully cognizant and aware of the nature of the
transaction and probable consequences; that she had independent advice from a
reliable source/person of trust to fully understand the nature of the
transaction; that witnesses to the transaction were close relatives or fully
acquainted with the woman and had no conflict of interest with her and that the
sale consideration was duly paid and received by the woman in the same manner,
besides the nature of transaction was explained to her in the language she
understands fully and she was apprised of the contents of the deed/receipt.
Source: Dawn
https://www.dawn.com/news/1690704/womens-assets-cant-be-sold-sans-their-consent-says-sc
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Six
Saudis among Arab World’s Most Inspirational Businesswomen
Princess
Lamia Bint Majed Al-Saud
-----
May
20, 2022
LONDON:
Six trailblazing Saudis have been named among Arabian Business magazine’s 50
most inspirational businesswomen.
The
list, published last week, recognizes women who have used their influence,
experience and ambition to make a mark in the region.
All
of the Saudi women honored have made a significant contribution to the
Kingdom’s evolving landscape, in fields as diverse as architecture and
philanthropy.
Among
them was Princess Lamia Bint Majed Al-Saud, the secretary general and member of
the board of trustees at Alwaleed Philanthropies, who is regarded as a pioneer
of women’s empowerment in Saudi Arabia.
Winner
of the Achievement in Philanthropy prize at the Arab Woman of the Year Awards
in 2017, the princess launched her own publishing company in 2003, which now
produces three magazines from Dubai, Cairo and Beirut.
Given
that female empowerment in the Kingdom is an integral part of Saudi Vision
2030, it was no surprise to see Mae Al-Mozaini, founder and CEO of The Arab
Institute for Women’s Empowerment, on this year’s Arabian Business list.
Al-Mozaini
is also the founder of Nusf, a social enterprise dedicated to helping advance
the economic and social well-being of women across the Arab world.
Ghada
Othman Alrumayan, group chief marketing and communications officer at ROSHN,
was another inspiring business leader to make the list.
A
national community developer and Public Investment Fund project, ROSHN is
responsible for implementing one of the largest residential real estate
projects in the Kingdom.
The
three other Saudi women to be recognized were Mona Althagafi, Rabaa Abdulaziz
Al-Othaim and Rasha Al-Hoshan.
As
country director for Saudi Arabia at Serco, Althagafi is responsible for
steering the British company’s growth in the Kingdom. With more than 20 years’
experience, she has held various positions within government and the private
sector.
Engineer
and founder of 4A Architects, Al-Othaim was recognized for her outstanding work
in the Kingdom’s health, hospitality, residential and commercial sectors.
Owner
and founder of interior design company Rasha Al-Hoshan Est, Al-Hoshan holds
degrees in interior design and architecture from some of the world’s top
universities. She is also responsible for introducing leading furniture brands
like Nada Debs, Fendi Casa and B&B Italia to the Saudi market.
Source:
Arab News
https://www.arabnews.com/node/2086171/media
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Saudi
Arabia: Women in work has ‘doubled’ to over 35% of labour force
Mariam
Nihal
Jeddah
May
18, 2022
The
number of women with jobs in Saudi Arabia has nearly doubled in the last five
years and now stands at over 35 per cent of the workforce, the kingdom said
this week.
Abdullah
Abuthnain, the Saudi deputy minister of human resources and social development,
said on Tuesday that the number of women in work was at "the highest level
in the kingdom’s history" as the government seeks to introduce reforms and
boost women's rights.
Under
Saudi Vision 2030, the authorities are reforming almost every area of society,
including a drive to boost the participation of women in the job market.
Since
2018, Saudi Arabia has allowed women to drive, live alone, work outside the
home and travel without the permission of a male guardian.
The
reforms have benefited about six million Saudi women over the age of 21.
Mr
Abuthnain said 51.5 per cent of Saudi adults now participated in the economy,
with the number of citizens working in the private sector rising to more than
"two million men and women".
He
said the Saudi employment market was undergoing strategic reforms that included
25 development initiatives.
“The
labour market strategy focuses on adopting occupational standards for more than
200 professions and establishing skills councils for key economic sectors to
help in job planning and setting standards for skills,” he said.
Mr
Abuthnain said the kingdom would establish training institutions and private
sector initiatives to boost the labour market further.
Turki
Al Jawini, director general of customer experience at the Ministry of Human
Resources and Social Development, said 7,000 women found employment in 2021
with the help of the Tamheer programme, which offers on-the-job training to
Saudi women.
At
least 51,000 women with jobs have benefited from the kingdom's Wusool
programme, which provides transport for employees, he said.
He
said a further 3,500 working mothers took advantage of initiatives such as
Qurrah, which helps to provide child support.
Source:
The National News
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Saudi
aid agency reviews project to protect women in Yemen
May
21, 2022
RIYADH:
The King Salman Humanitarian Aid and Relief Center recently took part virtually
in a final conference to review a project aimed at protecting and empowering
women and girls affected by gender-based violence in Yemen.
The
center was represented by Mubarak bin Saeed Al-Dossari, director of the
branches department at KSrelief, who said that projects offered by the center
had helped 114 million women in 73 countries, at a total cost of almost $534
million.
He
said that the center’s humanitarian work is carried out with the cooperation of
175 partners, including UN organizations, as well as local and international
NGOs.
Projects
and programs offered by the center are customized depending on the
beneficiaries and their individual circumstances, Al-Dossari said.
Since
its establishment in 2015, KSrelief has been a leading center for relief and
humanitarian work, conveying the Kingdom’s values to the world, he added.
Al-Dossari
expressed the center’s pride in cooperating with UN Women to ensure
knowledge-based sustainability in areas in which they provide protection and
empowerment, especially in conflict situations.
Dina
Zorba, UN Women representative in Iraq and Yemen, thanked KSrelief for funding
the project, as well as designing seven training manuals in accordance with
international standards aimed at raising the efficiency of women’s support and
protection centers.
The
project aims to establish centers for the protection and empowerment of women,
and train workers to provide protection programs for women affected by
gender-based violence in the governorates of Aden and Taiz.
It
also seeks to develop resources, training materials and guides to ensure knowledge-based
sustainability.
Source:
Arab News
https://www.arabnews.com/node/2086341/saudi-arabia
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Algerian
Women Join Hands to Oppose Law Banning Custody of Children to Divorced Mothers
Yasmine
Sellami
May
21, 2022
In
Algeria, Article 66 of the Family Code deprives a divorced woman of the custody
of her children if she remarries “with a person not related to the child by a
prohibited relationship”. Despite the taboos surrounding their situation, more
than 12,000 divorced Algerian women have decided to break the silence.
Karima’s
divorce was granted in 2014. But seven years later, the threats made by her
ex-husband as he left court still haunt this resident of southern Algeria, who
prefers to remain anonymous.
“He
told me: ‘I broke your life. And if you dare to rebuild it one day and remarry,
I’ll come and take your daughter back,’” she recalls. For fear of this scenario
becoming a reality, she refuses to live with another man. “I’ve had offers, but
I don’t want to lose my daughter.”
Because
in Algeria, Article 66 of the Family Code deprives a divorced woman of the
custody of her children if she remarries “with a person not related to the
child by a prohibited relationship”.
In
other words, under Algerian law, when a mother breaks her marriage, whether the
decision is hers or her spouse’s, custody of the child reverts to her, unless
she renounces it. On the other hand, if she remarries a person with no close
family ties to the child from the previous marriage, she loses custody. The
father, on the other hand, can start a new married life as many times as he
wishes, without any conditions, and without his custody rights being affected.
Religious
marriage or forced celibacy
All
the ex-spouse has to do to take the child away is to present proof of his
ex-wife’s remarriage to the courts. As a result, when they want to live with
another man, many women settle for a religious ceremony, without any paper
trail.
“Religious
marriage offers no guarantee, neither to the woman nor to the child,” says
Warda Berrahoui. “Without a marriage certificate or family record book, the
child can only bear the name of his mother. How will they be perceived by
society? How will they grow up?”
As
a lawyer in Oran, in the northwest of the country, she witnesses many cases of
withdrawal of custody rights of remarried women.” Often, ex-husbands do it just
to get even. One even went to the United States with the children.”
To
escape a similar situation, many force themselves into celibacy. “I put my love
life on hold. In the current conditions, the question of marrying again does
not even arise for me,” says Radia, 43, mother of a teenage daughter.
Thousands
of women demand justice
Despite
the taboos surrounding their situation, Radia, Karima and more than 12,000
other divorced Algerian women have decided to break the silence. For several
months, they have been meeting via a Facebook group where they exchange advice
and support. And under a hashtag that can be translated as “no to the
forfeiture of the Algerian mother’s right of custody in case of remarriage”,
written in Arabic and English, they ask for the repeal of Article 66 of the
Family Code – the one that deprives them of their “hadana,” an Arabic term to
designate the custody of the child.
Their
struggle is not limited to the virtual sphere. These “mères Courage” joined
together in an association and multiplied the strategies to put pressure on
politicians: press conferences, open letters to the President of the Republic
and the Ministry of Religious Affairs, petitions, etc.
“We
try to make ourselves heard, but it is as if they’re plugging their ears in
front of us. They don’t answer us. There is always something more urgent, more
important. Faced with silence, I lose hope, and I even think of suicide…”,
Karima says. The young woman soothes her sorrow by talking with the members of
the group. “But sometimes the others’ stories are even more depressing than
mine.”
Family
and societal pressures
Karima
harbours these thoughts because she feels “trapped; no longer able to find
fulfilment in life”. She is 35 years old and her father does not allow her to
move alone with her daughter. In Algeria, one only leaves the family home after
marriage. Very few people move out on their own when they are single,
regardless of age or gender.
“Being
a woman and living alone is almost impossible. But to be a divorced woman is
even worse. Especially in the south, where it is still very conservative,”
laments the civil servant, to whom several friends turned their backs after her
separation. “Their husbands forbid them to see me. They think I have a bad
influence on them.”
Karima
experiences these prejudices on a daily basis. In the family, in the street, at
work…“People think that once you are divorced you accept everything, you have
no honour. I have even been offered sex for money. I am regularly harassed. As
if it was normal, as if it was allowed.”
With
few exceptions, the majority of divorced women in Algeria have no choice but to
return to live with their parents, often with brothers, sisters,
sisters-in-law… and the ensuing promiscuity.
This
is the setting in which Hanane lives. This 30-year-old Oranese woman does not
work. For the past three years, she has shared a room with her son at her
parents’ house. “We have no privacy, and we always have problems with the
family. It’s not a life, but I can’t do otherwise. I won’t get married again so
I don’t lose my son.”
A
choice, or rather a non-choice, that does not please the thirty-year-old’s
family. “They put pressure on me and want me to remarry. My father accuses me
of dishonouring him, refuses to raise my son and thinks I should leave him to
his father. My brother thinks no one will take him seriously because he has a
divorced sister at home. My mother says that my child won’t bring me anything
anyway.”
Faced
with such a painful daily life, the young woman gets depressed. “Sometimes I
think about going away. I have dark thoughts. I can’t see a way out. At other
times, I think I should take my child to Europe by sea to live and be at peace.
A
law contrary to the constitution
Nadia
Aït Zaï is a lawyer at the court of Algiers and a long-time activist. Known in
particular for demanding equality in inheritance, she has been fighting for
years for the repeal of the Family Code.
This
set of laws that many feminists call the “code of infamy” frames the rules that
determine family relations in Algeria. From marriage to divorce, through life
as a couple, women are reduced to the status of minors for life.
It
is this Code that contains Article 66, which withdraws the child from the
divorced mother if she remarries. Last June, Aït Zaï, who is also the director
of Ciddef (Centre d’information et de documentation sur les droits de l’enfant
et de la femme) in Algiers, published a book in Arabic and French entitled
Plaidoyer pour l’abrogation de l’alinéa 1 de l’article 66 du code de la famille
(Advocacy for the repeal of paragraph 1 of Article 66 of the Family Code).
She
underlines that Article 66, by its discriminatory nature and its failure to
take into account the interest of the child, is contrary to the constitution.
From the legal framework to the religious foundations, the lawyer lays out a
whole spectrum of arguments for the abolition of the law.
“In
the Qur’an, there is no verse that pronounces the forfeiture of custody to the
mother when she remarries. On the contrary, the Sura ‘Women’ gives the right of
custody to the woman when she remarries,” she argues.
Moreover,
“Malikite law [the Sunni Muslim school of law followed in Algeria, and more
widely in the Maghreb – editor’s note] favours the maternal line. […] A
consensus has emerged among the ulemas on the fact that the woman has priority
in the custody of children under the age of discernment,” she details in her
plea.
For
Nadia Aït Zaï, “this measure is based solely on custom. At the time, when a
woman lost her husband, she would remarry her brother-in-law to avoid seeing
the child in another family. This is what Article 66 is based on.”
According
to figures from the Department of Justice, between 2016 and the first quarter
of 2020, 6,138 cases were decided regarding the mother’s forfeiture of custody
rights after remarriage. Nearly 62% of the decisions removed custody from the
mother.
But
Nadia Aït Zaï prefers to see the glass as half full. She emphasiSes the
“significant increase in the rate of retention [of custody rights to the mother
– editor’s note], despite Article 66, which, for many, was prohibitive.”
However, the lawyer is under no illusion: “We have fought other battles that
took 10 years to succeed. We know that it will take time.”
She
nevertheless hopes that until Article 66 is repealed, cases can be studied on
an individual basis, with a social inquiry and consideration of the child’s interests.
Source:
The Wire
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Spotify
continues to acknowledge Pakistani women artists
May
20, 2022
Karachi:
As EQUAL Pakistan continues to highlight a mix of iconic and emerging musical
talents from the country, Spotify announces its third Ambassador of the month.
It
continues to celebrate women and their achievements in the field of music with
Hadiqa Kiani as the face for EQUAL Pakistan for May.
Hadiqa,
one of Pakistan’s most loved voices for more than two decades, appeared on a
digital billboard at Times Square NYC following Arooj Aftab and Mehak Ali, the
previous Ambassadors for EQUAL Pakistan.
Hadiqa
Kiana is amongst the most notable singers and composers that Pakistan has
produced. Currently on tour, Hadiqa is a
trailblazer who deserves a place at the helm.
In
line with a tradition of being given the spotlight for the world to witness
their grandeur, Hadiqa Kiani being EQUAL Pakistan’s Ambassador of the month,
marked the special occasion with her song titled ‘Yaad’, coming from her recent
album VASL, being featured on EQUAL Global playlist, for millions of listeners
to enjoy.
Source:
The News Pakistan
https://www.thenews.com.pk/latest/959351-spotify-continues-to-acknowledge-pakistani-women-artists
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A
chat with Dana Eden and Daniel Syrkin on the second season of Tehran
Mathures
Paul
19.05.22
After
watching the first season of Tehran in 2020, many thought Homeland was a so-so
thriller. The Apple TV+ series found viewers following Iranian-born,
Israeli-raised spy Tamar Rabinyan (played by Niv Sultan) on a deep-cover
mission involving an attack on Iran’s nuclear programme.
Thrills
get bumped up a few notches in the second season in which Tamar, who is still
trapped in Iran, finds help in a British woman who goes by the name Marjan
Montazemi, who has been living in the country for decades and works as a
psychiatrist. Played by Glenn Close, Marjan actually works for the Mossad.
There
is still a hacker angle involved but with each episode, the pace picks up
exponentially with chase scenes appearing every few minutes. Added to this,
there is depiction of the lives of the young Iranian elite.
We
had a chance to interact with one of the show’s creators — Dana Eden — and
director, Daniel Syrkin, over a late-night video call. Here’s what they had to
say.
In
what way does the second season of Tehran stand out?
Dana
Eden: I think this spy story is different because for Israelis it derives from
reality. And we wanted, through this story, to know a little bit more about
Iranian people. And we were really surprised to learn new things about the
culture of Iran, about the people of Iran. I think it was something really
emotional for us. And we were really emotionally involved in creating this
story. That makes a difference.
What
made you choose Glenn Close to play the role of Marjan Montazemi, a Mossad
agent in Iran?
Daniel
Syrkin: We wrote a role for a Western woman living in Iran for many years and
the illusion created by the regime makes her turn to the Mossad. When we
started talking, discussing this role with Apple, we realised that we might get
Glenn Close. Of course, once her name came up, we never thought of going back.
I saw Glenn on the set in Athens dressed like an Iranian woman and I couldn’t
believe my eyes.
Was
it easy to make her agree to learn Farsi for the show?
Daniel:
The character of Marjan had to speak Farsi because she has been living in Iran
for a few decades. We were delighted to discover that Glenn wanted to speak as
much Farsi as possible. She took on the big task of learning the text. She
learned some basic Farsi three times a week for two months, trying to sound as
convincing as possible. On the set we had a woman who was a refugee and was
Glenn’s personal assistant; she helped Glenn learn her lines. Just to see this
connection of a Hollywood legend and a young woman who had left Iran to find a
better life elsewhere, working together, was something amazing.
Do
you believe that a show can bridge the gap between Israel and Iran?
Dana:
It actually happened on the set. We had a lot of Iranians working on this
project; a lot of them live in Athens, and it was really moving to work with
them and to find that they are really like Israelis; we found a common
language. We worked together with a lot of love and passion. If it can happen
on set, I hope it transfers to the screen because we tried to portray Iranians
not in a stereotypical way. Yes, we really hope that this show will be
something bigger… that it bridges the gap between two nations.
The
show won the Best Drama prize at the International Emmy Awards last year. What
does it mean for you and also the second season?
Daniel:
It was just amazing acknowledgement for us. It also meant bringing something
that won’t disappoint fans (in the second season). I think the key lies with
the character of Tamar. In the first season, she was this nervous spy; she was
actually more of a hacker than a field operative, a hacker who found herself in
the harsh situation of being in enemy country. In this season, Tamar gains
confidence and finds herself as an undercover. We also decided to show more
aspects of Iranian society and the young elite. These are people who may have
got their education in the West. Then we realised that many of the sons and
daughters of the Iranian elite lead a very different life in their summer
houses, on beaches and private swimming pools. Tamar infiltrates the ranks of
those young people. She finds that there’s a lot common between them and the
place where she comes from, yet they’re miles apart. This time Tamar is
stronger.
What
do you consider are the biggest misconceptions about these countries?
Daniel:
Learning about women in Iran was very interesting… there’s a duality factor at
play. I think that they are the most oppressed, yet they are very strong and
educated. Also, there is a section of spoilt, privileged elite.
What
makes the show most interesting is that viewers are unable to take sides. Was
it difficult to keep this element alive in the second season?
Dana:
I think it’s always a challenge to bring complexity into the characters. But
it’s a must-have if you want to make a good show, and we really tried to
humanise all of the characters, to give them big conflicts and big questions
about identity. The first thing that we do when we write scripts… look at the
characters and make them layered and interesting. When there are enough layers,
there will be no good or bad. I think we managed to do it in the first season.
This happens again, and in a bigger way in the second season.
Do
you think that the landscape of television is changing? This started as an
Israeli show but now it’s on a global streaming platform, becoming an
international show.
Dana:
We were very fortunate. I think as television becomes more and more
international, we’re getting exposed to a lot of international shows. In our
case, the fact that Apple got into the show… so we could explore different
sides to Tehran and have strived to make it better. Also, we got to learn so
much about people watching the show globally.
How
has the series been received in Iran?
Daniel:
The first season was leaked in Iran. And many people watched it. To our
surprise and happiness, it was received really well. It even reportedly found
space in the official newspaper, of course, criticising us. I think that even
knowing that they are watching us is great. They get to see that we are not
villainising them. We keep getting messages via social network, asking us when
the next season is coming. It’s always a bit surreal.
Second
season of Tehran is currently streaming on Apple TV+
Source:
Telegraph India
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URL: https://newageislam.com/islam-women-feminism/illiterate-parda-nashin-women-pakistan-sc/d/127059