Rosita Haji Baju, Yazidi Girl Rescued After Being Kidnapped at 8 in 2014, Sold in ISIS Slave Markets
New
Age Islam News Bureau
23
June 2022
• A
New "Boy Cut" Trend For Saudi Working Women and What It Means
• UAE's
Women Engineers Love Solving Problems, Building the Nation
• UNIDO,
UN Women Praise Egypt’s Role in Supporting Women’s Issues
• 'Emotional
Independence of Muslim Women Discussed In Fatima Jinnah Women University's
Seminar
• Islamic
Marriage and the English Legal System: Nikah
• Iran
share spoils with Guinea at IHF Women’s Junior Handball World Championship
Compiled
by New Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/rosita-haji-baju-yazidi-isis-slave/d/127307
--------
Rosita
Haji Baju, Yazidi Girl Rescued After Being Kidnapped at 8 in 2014, Sold in ISIS
Slave Markets
Rosita
Haji Baju, 16, was recently rescued from the Al-Hawl refugee camp in Syria
after she was abducted by the Islamic State (IS) on August 3, 2014, when she
was 8 years old.
@MALAEZDIYAN/ZENGER
-----
6/22/22
The
nightmarish ordeal of a Yazidi girl kidnapped by ISIS terrorists in 2014 when
she was 8 years old and repeatedly sold between families as a slave has ended
after she managed to contact a family member on social media from a refugee
camp.
Rosita
Haji Baju, now 16, had been terrified that if she revealed her past, she would
suffer further abuse and instead sought help on social media, desperately
hoping to find a relative she could alert to her ordeal.
Her
nightmare began in August 2014 when ISIS invaded Shengal (Sinjar), Iraq, from
nearby Mosul and the Iraqi army had fled. Men in her community were killed, and
thousands of women and children were kidnapped, including Rosita who was just 8
at the time.
She
ended up with her mother at Raqa in Syria where they were sold to an Algerian
she named as Abu Islam. She said that her mother was raped by his brother and
committed suicide shortly after.
Rosita
herself was then repeatedly sold between different families as a slave and in
March 2019, when ISIS was toppled in Baghouz, Syria, she ended up in a refugee
camp with ISIS families. She was 13 at the time.
"Many
times I wanted to tell the camp manager that I was a Yazidi girl but I was
afraid that our society would not accept me," Rosita said.
She
said she had also been threatened by extremists not to tell her story or reveal
who she was.
Hussein
Kuru, head of the Yazidi Abductees Affairs' Bureau in Duhok, Iraq, told Shafaq
News Agency that Rosita will arrive in the Kurdistan region soon.
"Operations
to locate the abductees are underway in al-Hol camp and other territories
inside Syria," he said. "The federal government did not contribute to
the release of the abductees. We asked for help many times but Baghdad has not
made any step so far."
He
concluded by saying that "More than 3,500 Yazidi children and women, from
a total of 6,400, have been released so far."
ISIS
subjected the Yazidis of Sinjar (Shengal) to a campaign of genocide beginning
in August 2014. Thousands were killed and hundreds of thousands were displaced,
most of whom fled to the Kurdistan region.
Many
were subjected to atrocities and mass executions at the hands of the extremist
group for years. ISIS forced women and girls into sexual slavery, kidnapped
children, forced religious conversions, executed men, and abused, sold, and
trafficked women and girls across the areas they controlled in Iraq and Syria.
Source:
News Week
https://www.newsweek.com/girl-rescued-after-being-kidnapped-8-sold-isis-slave-markets-1718274
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A
New "Boy Cut" Trend For Saudi Working Women and What It Means
Many
working women praised the "boy" cut as a tool for navigating their
new professional lives.
-----
June
23, 2022
Riyadh:
When Saudi doctor Safi took a new job at a hospital in the capital, she decided
to offset her standard white lab coat with a look she once would have
considered dramatic.
Walking
into a Riyadh salon, she ordered the hairdresser to chop her long, wavy locks
all the way up to her neck, a style increasingly in vogue among working women
in the conservative kingdom.
The
haircut –- known locally by the English word "boy" –- has become
strikingly visible on the streets of the capital, and not just because women
are no longer required to wear hijab headscarves under social reforms pushed by
Crown Prince Mohammed bin Salman, Saudi Arabia's de facto ruler.
As
more women join the workforce, a central plank of government efforts to remake
the Saudi economy, many describe the "boy" cut as a practical,
professional alternative to the longer styles they might have preferred in
their pre-working days.
For
Safi, who asked to be identified by a pseudonym to preserve her anonymity, the
look also serves as a form of protection from unwanted male attention, allowing
her to focus on her patients.
"People
like to see femininity in a woman's appearance," she said. "This
style is like a shield that protects me from people and gives me
strength."
A
practical time-saver
At
one salon in central Riyadh, demand for the "boy" cut has spiked –-
with seven or eight customers out of 30 requesting it on any given day, said
Lamis, a hairdresser.
"This
look has become very popular now," she said. "The demand for it has
increased, especially after women entered the labour market.
"The
fact that many women do not wear the hijab has highlighted its spread"
while spurring even more customers to try it out, especially women in their
late teens and twenties, she said.
The
lifting of the headscarf requirement is just one of many changes that have
reordered daily life for Saudi women under Prince Mohammed, who was named as
the heir to his 86-year-old father, King Salman, five years ago.
Saudi
women are no longer banned from concerts and sports events, and in 2018 they
gained the right to drive.
The
kingdom has also eased so-called guardianship rules, meaning women can now
obtain passports and travel abroad without a male relative's permission.
Such
reforms, however, have been accompanied by a crackdown on women's rights
activists, part of a broader campaign against dissent.
Getting
more women to work is a major component of Prince Mohammed's Vision 2030 reform
plan to make Saudi Arabia less dependent on oil.
The
plan initially called for women to account for 30 percent of the workforce by
the end of the decade, but already that figure has reached 36 percent,
assistant tourism minister Princess Haifa Al-Saud told the World Economic Forum
in Davos last month.
"We
see women today in every single job type," Princess Haifa said, noting
that 42 percent of small and medium-sized enterprises are women-owned.
Many
working women interviewed by AFP praised the "boy" cut as a tool for
navigating their new professional lives.
"I
am a practical woman and I don't have time to take care of my hair," said
Abeer Mohammed, a 41-year-old mother of two who runs a men's clothing store.
"My
hair is curly, and if my hair grows long, I will have to spend time that is not
available to me taking care of it in the morning."
'Show
of strength'
Saudi
Arabia has traditionally outlawed men who "imitate women" or wear
women's clothing, and vice versa.
But
Rose, a 29-year-old shoe saleswoman at a Riyadh mall, sees her close-cropped
hair as a means of asserting her independence from men, not imitating them.
It
"gives me strength and self-confidence... I feel different, and able to do
what I want without anyone's guardianship", said Rose, who did not want to
give her full name.
"At
first my family rejected the look, but over time they got used to it," she
added.
Such
acceptance partly reflects the influence of Arab stars like actress Yasmin
Raeis or singer Shirene who have adopted the style, said Egyptian stylist Mai
Galal.
"A
woman who cuts her hair in this way is a woman whose character is strong
because it is not easy for women to dispense with their hair," Galal told
AFP.
Nouf,
who works in a cosmetics store and preferred not to give her family name,
described the message of the "boy" cut this way: "We want to say
that we exist, and our role in society does not differ much from that of
men."
Short
hair, she added, is "a show of women's strength".
Source:
ND TV
--------
UAE's
Women Engineers Love Solving Problems, Building the Nation
By
Ashwani Kumar
22
Jun 2022
As
the UAE strives to bolster the manufacturing sector, Emirati and expat women
engineers are proving their mettle at the workplace by shouldering
responsibilities, earning their place and respect too.
As
the country celebrates International Women in Engineering Day on June 23, women
engineers who have broken through the glass ceiling at different entities of
the state-run military contractor EDGE Group, share their experiences with
Khaleej Times. Here's what they said.
Salama
Al Dhaheri, design engineer, ADASI
Salama
always wanted to be an engineer and work on the leading edge of advanced
technology.
“Being
an engineer means you are tasked with creating and innovating each and every
day. This career provides meaningful solutions to problems involving climate
change, health and so much more. By pursuing a career in engineering, you open
up the potential to make meaningful contributions to individuals and
communities locally, nationally, and beyond.”
Her
job at ADASI, an end-to-end solution provider within the autonomous systems
industry, is to find innovative ways to modify existing products that provide
new functions and meet clients’ operational requirements.
Salama
thrives at the workplace with her problem-solving skills.
“Throughout
my education, I have learned that good problem-solving skills are necessary for
an engineering career. Problem-solving skills support the overall development
of solutions. Without these skills, engineers will run into more challenges and
barriers. Innovation and curiosity go hand-in-hand when it comes to succeeding
in the engineering field, and I have found that this, paired with a passion for
what I do, allows me to do my best.”
Salama
is proud to see her design being manufactured and used on aircraft.
“I
worked closely on Garmoosha, the first UAE-made VTOL unmanned aerial vehicle
that was designed and built at ADASI. I worked on designing installation
brackets and support tools so to see the product succeed is a major achievement
for me.”
She
urges more women to enter the engineering field.
“Recruiting
more female engineers can improve the design of new products and solutions to
benefit both men and women. Women engineers are needed as role models to
inspire more girls to study science and technology-based subjects and foster a
new generation of technical professionals. It is important for us to engage
with girls from a young age to ensure they grow up knowing that both boys and
girls have a place in STEM subjects.”
Janine
de Wet, mechanical design engineer, design and specification department, HALCON
Janine’s
passion for aviation from a young age drew her to the engineering field
“Once
I was in the field, I realised how exciting it was to be part of innovative
projects, solve engineering problems and see your designs come to life. I also
wanted to prove to myself and others that you can do anything you put your mind
to and be an example to other females that want to become engineers.”
And
Janine chose to join the defence industry as she aimed to be at the forefront
of advancements in innovation, technology and design.
“Working
for an advanced technology company that is constantly looking for new and
exciting projects that challenge engineers is thoroughly gratifying. From an
engineer’s perspective, it provides the required space to enhance our skills
and capabilities.”
On
challenges of being a female engineer in a male dominated field, she said:
“Being a minority in any situation comes with its own challenges and perhaps
there is more to prove. Overcoming the challenge of being a female engineer in
a male-dominated environment can take time. Once you show what you have to
offer, get involved in projects and get your hands dirty where required, the
respect will fall into place.”
Janine,
who has been part of various industries and started her own business, stressed
that it’s time that the perception that engineering is a male-dominated field
gets changed.
“Gender
is not a factor when becoming an engineer. Women have everything it takes –
intelligence, ability to build relationships and to take the initiative. I
would definitely encourage women to become engineers. It is a tough field but
being a part of it is highly rewarding. The result of your hard work is
directly seen when a project comes to fruition,” said Janine, who became an
engineering manager at the age of 26. “In five years from now, I hope to have
advanced in my current company to a position of leadership and management and
to strengthen my engineering design capabilities in defence.”
Khasaiba
Obaid Al Remeithi, architectural engineer, AL TAIF
Khasaiba
underlined that engineering is a very exciting profession that allows you to
innovate, be creative and challenge yourself. “It is a great outlet for the
imagination, and the perfect career for independent thinkers. I always
encourage women to enter this field, especially if they have an inquisitive
nature, excellent problem-solving skills, and pay great attention to detail.”
She
said that the fields of mechanical or electrical engineering are still
dominated by men, but they are becoming increasingly popular among women too.
“In
my opinion, it is related to the cultural expectation and belief that
engineering is a ‘hard science’ and therefore it is more suitable to men. For
the most part, women tend to choose arts and softer sciences. I chose
engineering because in this profession, we are constantly changing the world
with inventions and solutions that affect everyone's lives. I studied
Architectural Engineering as it is the only field which includes both science
and art,” said Khasaiba, who has been working at AL TAIF for nine years as an
architectural engineer focusing on maintaining premises and designing new
facilities that meet the evolving needs of the organisation and its employees.
A
mother of five children, Khasaiba pointed out that maintaining a
personal-professional balance can be done by setting priorities.
“For
me, those priorities are always my family and work. Being organised and
practising time management is a must. In addition, it helps to delegate tasks
that can be handled by other people.”
She
was awarded a scholarship to do her masters at Masdar Institute in
collaboration with Massachusetts Institute of Technology. “I completed my
master’s in engineering system and management. A key moment in my career was
meeting globally renowned architect Adrian Smith who designed the world's
tallest structure, the Burj Khalifa. I had the privilege of working closely
with his firm on a great project too,” she said about the different
opportunities that come along the way in her job.
Alyazia
Alshamsi, systems engineer, HALCON
Alyazia
was attracted to engineering because it allows her to find solutions to
technological issues.
“I
have the opportunity to contribute in creating new technologies, products and
develop solutions that will improve the UAE. The job never gets boring or repetitive
because working in the engineering field constantly presents new challenges.”
She
noted that working at EDGE gives her the opportunity to contribute in
developing defence systems that implement advanced technologies such as
autonomous systems and artificial intelligence. Her role involves assisting in
the research, analysis, system specifications and testing responsibilities
related to design, development and integration.
“The
challenges that we face as engineers are keeping up with the rapid growth of
technology on a global scale. Overcoming these challenges takes a passionate
and innovative mindset with a focus on developing emerging and disruptive
technologies.”
According
to reports, some women decide to leave their field, especially engineering, to
pursue other careers. Asked about this trend, Alyazia disagreed that gender
plays a role in such decisions to switch or leave jobs.
“There
are definitely some challenges for a woman pursuing a career in a male
dominated field. Engineering is a tough job. However, people will have
different reasons for leaving the engineering field to pursue other careers.
Reasons that may not necessarily be tied to gender. In my opinion, engineering
can be a physically demanding job, which may be overwhelming for some.”
Alyazia
pointed out that it was important for women to not be hindered by restrictions
in the engineering field based on gender.
“If
a woman decides to go into the field of engineering, she must be allowed to do
so. I encourage more women to enter the engineering field. Engineers are
artists in their own right. As an engineer, you have the ability to be
creative, learn new things every day and contribute in the design of products
and tools that will enhance the way people live,” said Alyazia, who has done
her master’s in systems engineering and management.
Source:
Khaleej Times
--------
UNIDO,
UN Women praise Egypt’s role in supporting women’s issues
22
Jun 2022
CAIRO
– 22 June 2022: A joint statement by the United Nations Industrial Development
Organization "UNIDO" and the United Nations Entity for Gender
Equality and the Empowerment of Women “UN Women” praised the role of the
Egyptian state in supporting women's issues.
This
comes in conjunction with a conference highlighting the objectives of
"Rabeha" program for economic empowerment of women, which is
consistent with Egypt's Vision 2030.
Rabeha
program aims to reduce the gender gap in the Egyptian entrepreneurship
ecosystem, targeting 1,000 female beneficiaries age 21 and above, who often
lack specific skills relevant to starting their own businesses throughout two
years.
The
program will pay attention to targeting women from underprivileged and rural
areas in seven governorates, Cairo, Giza, Alexandria, Behira, Fayoum, Bani
Sweif, and Minya.
According
to the statement by both UN organizations, the conference, held on Wednesday,
will review the upcoming UN plans aimed at promoting employment and
self-employment in the governorates of Beni Suef, Fayoum, Minya and Giza.
Following
this event, UNIDO intends to continue its support to institutions to link their
activities and services for women with development partners and donors,
ensuring wider reach to all women job seekers and aspiring entrepreneurs.
The
statement pointed out that the program will build the capacity of the institutions
participating in this event during the first quarter of 2022.
This
included training a group of employees from five ministries and different
government bodies, namely the Ministry of Local Development, the Ministry of
International Cooperation, the Ministry of Trade and Industry and the Ministry
of Youth and Sports and the Medium, Small and Micro Enterprise Development
Agency. They will be trained on various topics related to women's economic
empowerment.
The
statement added that the training topics included methods related to how
institutions can enhance their services that target job seekers and ambitious
entrepreneurs at the governorate level, as well as strengthening comprehensive
strategic partnerships to increase the numbers of self-employment and
employment in the targeted governorates within the framework of the program.
Source:
Egypt Today
--------
'Emotional
Independence of Muslim Women Discussed In Fatima Jinnah Women University's
Seminar
Mohammad
Ali
June
22, 2022
RAWALPINDI,
(UrduPoint / Pakistan Point News - 22nd Jun, 2022) :The Department of Law at
Fatima Jinnah Women University (FJWU) on Wednesday organized a seminar titled
"Emotional Independence of Muslim Women and their Identity." Sahil
Adeem, a well-known motivational speaker and Muslim influencer was the event's
keynote speaker where he spoke at length on various issues, primarily
emphasizing on the need of emotional freedom in the lives of Pakistani women.
The
seminar's theme emphasized over women's financial and emotional independence in
today's society as per the Holy Quran teachings.
The
main goal of this session was to change the perception of women as the lowest
common denominator in the society and to make all young women realize their
stature and caliber.
The
guest speaker discussed how negative stereotypes had confused islam with
cultural customs, failing to acknowledge the progressive rights given to women
by Islam.
He
emphasized the participants to be aware of their own rights and strengths.
Sahil
Adeem also shed light on some distinctive yet most vulnerable topics, such as,
strength of women, liberalism and flexibility in Islam in granting liberty to
women in several aspects, as highlighted in the Holy Quran and Sunnah.
To
make the seminar more interactive, a question-and-answer session was scheduled
at the end, with students asking questions to clarify their perspectives on
various topics.
Source:
Urdu Point
https://www.urdupoint.com/en/pakistan/emotional-independence-of-muslim-women-discu-1528532.html
--------
Islamic
Marriage and the English Legal System: Nikah
June
22 2022
Introduction
Islam
is now the second largest religion in the United Kingdom, with results from the
United Kingdom 2011 Census giving the UK Muslim population in 2011 as
2,516,000, 4.4% of the total population, while more recent Office of National
Statistics sources have it in 2018 as 3,372,966. With the rapid rise in numbers,
it is no surprise that there are occasions when Sharia Law conflicts with
English law. Hence why it is ever more important to look at this in the context
of the English Courts. There is an increasing number of cases coming before the
courts in England arising from this very conflict. To compound matters with
further complications, the Muslims are mainly split up into two groups Sunni
and Shia with several subgroups depending on which madhhab school of thought
Islamic jurisprudence the individual believes in. This article considers the
Sunni jurist’s view according to the four main schools of thought, each named
after the classical jurist who taught them. The four primary Sunni schools are
the Hanafi, Sahafi, Maliki and Hanbali rites. The legal interpretation and
application differ, largely depending on what methodology is being used and to
what degree.
The
aim of this article is to provide some guidance for Family Law practitioners in
England and Wales on how best to deal with Muslim clients that have undertaken
a Nikkah only. It is instrumental to have a good grasp of Islamic Family Law to
be able to best advise the client on what is required and how it should be
done. Managing the client’s expectations has never been greater when dealing
with matters of this kind. The complexities are insurmountable, especially when
dealing with clients who have very little understanding of Islamic/Sharia Law
and rulings. There are several sources that are required to be examined and
understood to advise comprehensively. Islamic/Sharia Law legal rules are namely
devised from the following four sources: The Holy Quran, Sunnah, Ijma and
Qiyas. The outcome will differ depending on which school the client follows.
The four schools of thought are now recognised by the vast majority of Sunni
Muslims. It should be noted that these schools are in good agreement on all
essential aspects of the religion of Islam. They all acknowledge the authority
of the Holy Quran and the authentic Hadith (sayings, teachings, and
observations of the Prophet Mohammad) (PBUH). Only in situations where these
two sources are silent, do the four schools use their independent reasoning in
which they may differ with each other.
The
Demand for a Parallel System of Islamic Law
Rowan
Williams, then Archbishop of Canterbury, gave his lecture on Civil and
Religious Law in England on 7 February 2008 in the Great Hall of the Royal
Courts of Justice. He had recently given two speeches touching on the themes
that he would explore more deeply there: the first at the Building Bridges
Seminar in Singapore on 6 December 2007; and the second, Religious Hatred and
Religious Offence', at the James Callaghan Memorial Lecture in the House of
Lords on 29 January 2008 (when the planned abolition of the common law offence
of blasphemous libel was the subject of heated debate).] "Civil and
Religious Law in England' might then be seen as the completion of a series of
three lectures.
In
the lecture at the House of Lords, the Archbishop had suggested: It is commonly
said that since a religious believer chooses to adopt a certain set of beliefs,
he, or she is responsible for the consequences, which may, as every believer
well knows, include strong disagreement or even repugnance from others. But
this assimilation of belief to a plain matter of conscious individual choice
does not square with the way in which many believers understand or experience
their commitments. For some - and this is especially true for believers from
outside the European or North Atlantic setting - religious belief and practice
is a marker of shared identity, accepted not as a matter of individual choice
but as a given to which allegiance is due in virtue of the intrinsic claims of
the sacred. We may disagree, but I do not think we have the moral right to
assume that this perspective can be simply disregarded. It is one thing to deny
a sacred point of reference for one's own moral or social policies; it is
another to refuse to entertain - or imagine - what it might be like for someone
else to experience the world differently. The uncomfortable truth is that a
desacralised world is not, as some fondly believe, a world without violence,
but a world in which there can be no ultimate agreement about the worth of
humans or other beings.
Nikkah
– Marriage Contract
The
Literal and Religious Meaning of Nikäh
Nikkah
literally means intercourse and union. In practical terms, it is a marriage
contract that makes a sexual relationship between a couple permissible. In
Islamic terminology, Nikkah is a marriage contract and with it, the couples can
benefit from each other in a lawful way. Nikkah implies mutual benefit between
couples.
Imam
Shafi holds that Nikkah only means the marriage contract. However, the Quran
uses this word with more than one meaning: “when they reach the age of marriage
(mikab).” In another verse, Nikkah is used to mean sexual intercourse: "If
he divorces her (finally, for the third time), she will no longer be lawful to
him unless she marries (nikkah) another husband," Quran 20:230. This verse
informs us that a woman who is divorced for the third time cannot lawfully
remarry to her first husband unless, in the meantime, she marries another man,
and the marriage is consummated through sexual intercourse. If she then
divorces the second husband, it is lawful for her to remarry the first husband.
Here the word Nikkah is used to mean sexual intercourse but not to mean the
marriage contract. The meaning of Nikkah is extracted from the expression
"another husband' in the previous verse. Thus, to understand the proper
meaning of Nikkah, the context must be known. If God addresses the guardians of
girls to get them married, the meaning of the marriage contract is understood
from the context: "marry (Nikkah) those among you who are single (whether
men or women),” Quran 24:32. Under Islamic law, marriage is viewed as a
contract by which the parties agree to live as husband and wife in accordance
with the guidance contained in two sources: The Holy Quran and the Sunnah of
the Prophet Mohammad (PBUH).
Nikkah
Contract and the treatment by English Law
It
is a common misnomer that most Muslims believe that a Nikkah Contact performed
in England and Wales is valid in the eyes of God, it is not a valid marriage
per se under the law of England and Wales. It would stand then that the parties
are merely cohabitees. Thus, Muslims must marry in a registered mosque in
England and Wales in accordance with s.26(1)(a) Marriage Act 1949 or undergo a
civil marriage as well as nikkah.
To
help illustrate this it would be useful to consider the case of MA v JA [2012]
EWHC 2219(Fam) [2012] All ER (D) 338 (Jul). The court was concerned with
whether the parties' Islamic ceremony of marriage could create a valid marriage
under English law and if so, whether the ceremony had in fact created a valid
marriage in that case.
Facts
The
applicant and respondent asserted that they were validly married pursuant to a
ceremony of marriage which took place at a mosque in England. The mosque was
registered for the solemnisation of marriages under s.41 of the Marriage Act
1949 (MA 1949). The applicant planned for the marriage. He knew nothing of the
formal requirements of the MA 1949 and made no enquiries beyond his discussion
with the chairman of the mosque.
During
the ceremony, the parties were asked words to the effect of whether there was
any reason why they could not marry and whether they both freely consented to
marry. The parties each agreed to take the other as husband/wife. After the
ceremony the Imam assured the applicant that the parties were now married and that
there was nothing further, they needed to do. The parties signed a register
book and were provided with a document signed by the Imam and headed 'Contract
of Marriage'. The document certified that the 'Marriage Contract was concluded
according to Islamic Sharia" and that the marriage was ‘proposed by' the
petitioner and 'accepted by' the respondent in the presence of two named
witnesses. The parties failed to give notice to the superintendent registrar
and there was no certificate of marriage. However, the parties intended to
conduct a marriage which was valid under English law and believed that they had
done so because of the ceremony. They had lived together as a married couple
since the date of the ceremony. The respondent was subsequently advised by the
Register Office that the marriage was not registered. The applicant supported
by the respondent sought a declaration under s.55(a) of the Family Law Act 1986
that the marriage had been a valid marriage.
The
intervener, the Attorney General, contended that the purported marriage was
void under s.11 (a)iii of the Matrimonial Causes Act 1973, in that the parties
had 'Intermarried in disregard of certain requirements as to the formation of
marriage', or alternatively, that it was a 'non-marriage' on the basis that the
ceremony had not even purported to be of the kind contemplated by the 1949 Act.
Consideration was given to the principles summarised in Collett v Collett
[1967] 2 All ER 426 and Hudson v Leigh [2009] All ER (D)124 (Jun).
Overseas
Nikkah and its validity under English law
*Always
check: GOV.UK getting Married abroad.
If
you’re a British national getting a marriage or civil partnership abroad, you
might need certain documents from the UK government, for example, a certificate
of no impediment (CNI). Use this website to find out how to get the documents
you’ll need.
You’ll
need to contact the local authorities where you want to get married to find out
what you need to do. Your marriage or civil partnership will be recognised in
the UK if both of the following apply:
you
followed the correct process in the country where you got married; and
it
would be allowed under UK Law.
Family
Procedure Rules 2010, PD 7A, 3.1 provides that the validity of a Nikkah
conducted overseas, if undisputed, is proved in England and Wales by the
production of a marriage certificate or similar document issued under the law
in force in that country; or a certified copy of such a certificate or document
obtained from the register of marriages kept under the law in force in that
country. Where a Nikkah contract is not in English it must be accompanied by a
translation, certified by a notary public or authenticated by a statement of
truth.
Akhter
-v- Khan (2018) EWFC 54
Although
the decision in the recent case of Akhter -v- Khan, has given some Muslim women
‘hope’. It is important to note that Mr Justice William in the High Court
stressed that each case will be decided on its own facts to see if it falls
within the Marriage Act 1949. As the case was “not about whether an Islamic
marriage ceremony should be treated as creating a valid marriage in English
law”. In his judgement, Mr Justice William declared that the parties 18-year
relationship was void, as opposed to a non-marriage. Ms Akhter was therefore
entitled to a decree of nullity under the Matrimonial Causes Act 1973, as they
had only had an Islamic marriage ceremony and not a civil ceremony. The case of
Akhter -v- Khan has opened the doors to various questions, to which no one
seems to have the answer. It is however hoped that as these questions have
arisen at an interesting time, this area will evolve in line with modern
practices.
Conclusion
In
the 21st Century, it is seriously surprising to note that approximately 61% of
Muslims do not register their marriage in the UK as they believe their Islamic
marriage, commonly referred to as Nikkah will be recognised in the UK. This is
simply not true as the UK Courts generally do not sadly, recognise the validity
of a Nikkah. It is seen to be a religious ceremony and so not seen as carrying
the same weight as a civil ceremony.
As
couples do not take steps to register their marriage in the UK, they find that
they are without any financial security in the unfortunate event of a divorce,
which often leaves women in a vulnerable position. Under Sharia Law, a husband
can divorce his wife by saying ‘talaq’ three non-consecutive times, without
addressing the division of any matrimonial assets. This differs to the way in
which matrimonial assets are divided if divorce proceedings were issued within
the UK Courts, which you can only do if your marriage is recognised under UK
Law.
GLOSSARY
Madhab
- A madhhab is a school of thought within fiqh. The major Sunni madhhabs are
Hanafi, Maliki, Shafi'i and Hanbali.
Nikkah
- In Islamic law, marriage – or more specifically, the marriage contract.
Quran
- The Islamic sacred book, believed to be the word of God as dictated to
Prophet Muhammad (PBUH) by the archangel Gabriel and written down in Arabic.
Sharia:
Islamic canonical law based on the teachings of the Quran and the traditions of
the Prophet (Hadith and Sunna).
Shia
- The Muslims of the branch of Islam comprising sects believing in Ali and the
Imams as the only rightful successors of Prophet Muhammad (PBUH) and in the
concealment and messianic return of the last recognised Imam.
Sunni
– A member of the branch of Islam that accepts the first four caliphs as
rightful successors to Prophet Muhammad (PBUH).
Source:
Lexology
https://www.lexology.com/library/detail.aspx?g=a719ae55-2a06-490a-a0fd-340e62f7e566
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Iran
share spoils with Guinea at IHF Women’s Junior Handball World Championship
June
22, 2022
Iran
will play Tunisia in Group B on Thursday.
The
32 teams are divided into eight group of four teams.
The
top two sides in each group will qualify for the main round, with pairings of
two joining each other in the alphabetical order from the preliminary round
groups (i.e., the Group A teams will face the Group B teams, Group C will play
Group D, etc). Subsequently, the top two teams in each main round group will
progress to the quarter-finals, as the other two sides will play the placement
matches.
The
Championship take place in three Slovenian cities Celje, Laško and Velenje from
June 22 to July 3.
Source:
Tehran Times
https://www.tehrantimes.com/news/473951/Iran-share-spoils-with-Guinea-at-IHF-Women-s-Junior-Handball
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URL: https://newageislam.com/islam-women-feminism/rosita-haji-baju-yazidi-isis-slave/d/127307