‘A Quranic Duty’: J&K High Court Cites Holy Quran To Secure Woman's Inheritance After 43 Years
New Age Islam News Bureau
20 December 2024
· ‘A Quranic Duty’: J&K High Court Cites Holy Quran To Secure Woman's Inheritance After 43 Years
· Women-Only Crowd At Iranian Top-Flight Football Match at Isfahan’s Naqsh-e Jahan Stadium
· UAE's Push To Protect Women Impressive, Says Reem Al Salem, UN Independent Expert
· Syrian Girls’ Right To Schooling Unrestricted, New Education Minister Says
· The Politics of Oppression against Afghan Women
· ‘Are We Not Human?’ Afghan Women in Despair After Taliban Bans Nursing and Midwifery Training
Compiled by New Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/high-court-holy-quran-woman-inheritance/d/134086
------
‘A Quranic Duty’: J&K High Court Cites Holy Quran To Secure Woman's Inheritance After 43 Years
December 19, 2024
High Court Of Jammu and Kashmir (File photo ETV Bharat)
-------------
Srinagar: In a landmark judgement, the High Court of J&K and Ladakh has ruled that a “Muslim woman cannot be denied a share in her father's property,” citing the Holy Quran, which it said prioritises women's inheritance rights over males. The decision comes after a 43-year-long legal battle by Mukhti, who had sought her share of her father's property.
The bench of Justice Vinod ChatterjiKoul, on Wednesday, said that Mukhti was entitled to inherit her share of the property as per Muslim Personal Law, and their rulings were legally binding on all subordinate and revenue courts. Mukhti passed away while fighting a legal battle with her brother for the share. She is now survived by her three daughters and five sons.
The court criticised the actions of revenue officers for being ignorant about the Muslim Personal Law, and they had issued orders that effectively excluded Mukhti from being recognised as the daughter of the late Muhammad Ganie of Srinagar. The court described the development as “pathetic,” pointing out that Mukhti’s children were still striving to secure their mother’s rights, even with a division bench ruling in her favour.
“The parties involved in this dispute are Muslims who meticulously follow Islamic practices and rituals, including daily prayers, Eid celebrations, Hajj, and zakat…but when it comes to granting inheritance rights to daughters or sisters, some individuals invoke customs contrary to Islamic principles,” the court observed and termed the practice "unacceptable.”.
Citing Verse 11 of Surah An-Nisa, the court reiterated the Quranic injunctions on inheritance, which allocate specific shares to children, spouses, and other family members. While sons receive double the share of daughters, the court explained this provision is rooted in the son's financial responsibility to maintain his family, including his wife, children, and parents.
“It is a Quranic duty to assign inheritance shares to daughters. Even a plain reading of Surah An-Nisa confirms that inheritance rights prioritise females before males,” the court asserted, adding that Mukhti's children could not be deprived of their rightful inheritance under any excuse.
The case dates back to 1981 when Mukhti approached the high court seeking her inheritance under Muslim Personal Law. Despite being entitled to one-third of the property, the woman's claim was initially dismissed for lack of possession. Following her passing, her children appealed against the decision, and a division bench ruled in their favour.
However, the situation became complicated when Mukhti's brother contested the division bench's ruling. “Due to flawed interpretations of Muslim Personal Law, the Settlement Officer and Settlement Commissioner reversed the division bench's ruling.” These actions, the court remarked, effectively disregarded the binding precedent set by the division bench.
The court condemned the actions of the Settlement Officer and Settlement Commissioner, stating they had treated the division bench judgement as a “mere plain paper.” The court affirmed that Mukhti was entitled to inherit her share of the property as per Muslim Personal Law, and their rulings were legally binding on all subordinate and revenue courts.
The court quashed the orders passed by the Settlement Commissioner on December 8, 2010, and the Settlement Officer on July 28, 2009, which had denied Mukhti her rights. It directed the Revenue Department to implement the division bench’s 1996 judgement within three months, ensuring Mukhti’s children received their rightful share of 69 kanals and two marlas of land located on the outskirts of Srinagar.
The court also addressed potential third-party interests in the land. It said that if Mukhti's brother had sold or transferred any part of the land, he would have to offer land somewhere of equivalent value or make up the difference using the property's current market value.
Source: etvbharat.com
https://www.etvbharat.com/en/!state/a-quranic-duty-high-court-cites-holy-quran-to-secured-womans-inheritance-after-43-years-enn24121905692
----------
Women-Only Crowd At Iranian Top-Flight Football Match at Isfahan’s Naqsh-e Jahan Stadium
Dec 20, 2024
File photo: That decision for the women-only crowd came after a Sepahan cheerleader led insulting chants about female Persepolis fans at a previous clash between the clubs at Tehran’s Azadi Stadium in May. | Photo Credit: REUTERS
-------------
FIFA President Gianni Infantino has offered “heartfelt gratitude” to Iranian authorities for allowing tens of thousands of female fans to attend a top-flight football match between Sepahan and Persepolis this week.
After calls for Iran to be banned from the 2022 World Cup because of the continued exclusion of women from football matches in the Islamic Republic, Infantino adopted a policy of personal engagement with the country’s leadership.
Monday’s Pro League clash at Isfahan’s Naqsh-e Jahan Stadium, which home team Sepahan won 2-1, was played in front of a crowd made up exclusively of women and girls.
That decision came after a Sepahan cheerleader led insulting chants about female Persepolis fans at a previous clash between the clubs at Tehran’s Azadi Stadium in May.
The Iranian Football Federation fined both clubs and ordered that their next two meetings be played in front of only female fans.
In comments posted by FIFA on social media on Thursday, Infantino said he was “very pleased” that some 45,000 women and girls had been allowed to attend the latest edition of one of Iran’s fiercest club rivalries.
“FIFA has been in constant contact with authorities in IR Iran for several years regarding women and girls having the possibility to attend football matches,” the Swiss said.
“After last year’s Tehran derby between Persepolis and Esteghlal where 3,000 women and girls were in attendance, this latest development comes as a glowing representation of how our game is inclusive and open for everyone to enjoy. I would like to express my heartfelt gratitude to all concerned who made this possible ... and I look forward to seeing even more women and girls having the opportunity to regularly attend football matches in the future,” he added.
Open Stadiums, the women’s rights campaign group that led the calls for Iran to be excluded from the World Cup, said the women fans had turned the stadium “into a symbol of defiance”.
“Women’s access to stadium capacities remains very limited,” it said in a social media post after the match.
“Today, as a punishment for male fans, Iran’s FA allowed only women to attend, and Sepahan Stadium was nearly full. The road to equal and normal access to stadiums for Iranians still requires significant attention,” it added.
Infantino said he would continue his engagement strategy on a visit to Iran in the near future.
“It is my intention to visit Iran soon to further discuss football-related matters, as the country is a significant force in Asian football, and it is important that we continue to nurture the positive and fruitful working relationship we have built,” he said.
Source: thehindu.com
https://sportstar.thehindu.com/football/fifa-chief-gianni-infantino-hails-women-only-crowd-at-iran-pro-league-match-sepahan-persepolis-football-news/article69007702.ece
---------
UAE's Push To Protect Women Impressive, Says Reem Al Salem,UN Independent Expert
Anjana Sankar
December 19, 2024
Reem Al Salem, the UN special rapporteur on violence against women and girls. Anjana Sankar / The National
-------------
The UAE has made significant strides in women’s empowerment and gender equality, and fulfilled international obligations to protect and promote women’s rights, according to an independent expert from the UN.
Reem Al Salem, the UN Special Rapporteur on Violence against Women and Girls highlighted the country’s progress in enhancing women’s participation in political and economic spheres and combating violence against women and girls.
Ms Al Salam cautioned, however, that there remains a protection gap for some vulnerable women, particularly migrants and domestic workers.
The UN official emphasised that while the UAE ranked seventh globally and first regionally in the UNDP Gender Inequality Index 2024, it could make a "major leap" if it measures were taken to ensure government protection reached non-Emirati women.
Ms Al Salem made the remarks during a press conference in Abu Dhabi on Thursday, following her 10-day visit to assess the situation of violence against women and girls in the country and to offer recommendations for prevention and response.
During her visit, Ms Al Salem, a Jordanian independent consultant and former civil servant, travelled to several emirates, meeting with government officials, international and civil society organisations, academics, and private businesses. She is set to present a full report on her findings to the UN Human Rights Council in June 2025.
Ms Al Salem praised the UAE for hosting the Special Rapporteur, noting that it demonstrated the country's "openness to scrutiny" and its interest in evolving and improving. While the Special Rapporteur’s recommendations are not legally binding, Ms Al Salem expressed hope that they would help guide improvements in women’s rights and protection policies.
In her preliminary findings, Ms Al Salem said she was impressed by the awareness of stakeholders about these issues and the extent to which gender equality has been integrated into governance and daily life in the UAE.
She also commended several key pieces of legislation, such as the Child Rights (Wadeema) Law, Domestic Workers Law, and the Human Trafficking Law, which promote gender equality and protect women and girls from violence.
Protection gaps for non-Emiratis
The UN expert identified protection gaps for non-Emirati women, particularly migrant workers and expatriates.
“For instance, the government provides housing for a victim of domestic violence. But that is offered only for Emirati women,” Ms Alsalem said.
Likewise, various social initiatives aimed at increasing the financial independence of women, which will in turn empower them to report abuses, as well as access to capital for income generation opportunities are also often limited to Emirati citizens, she noted.
While safeguards and protection may be “officially available for non-Emirati women victims of violence," she said language barriers, a fear of reporting, and legal status as migrants pose challenges.
She recommended a more “standardised and harmonised” approach to “ensure better access of all women, notably the most vulnerable and the non-Emirati population, and scale up outreach, and community-based grass roots initiatives such as women-only social centres".
“Moreover, I believe more could be done to ensure federal laws are systematically interpreted and applied in a coherent manner by the authorities in different Emirates."
Lack of data on violence against women
Another issue highlighted by Ms Al Salem was the lack of consolidated data on violence against women. In her preliminary report, she noted that the police in the UAE had documented 38 cases of rape, 53 cases of gender-based violence, and 14 cases of physical abuse committed against women and girls.
However, these statistics were not yet broken down by nationality, type of crime, the emirate in which the crime occurred, or the profile of the perpetrator, she said. Ms Al Salem stated that this lack of detailed data makes it difficult to fully assess the effectiveness of the justice system in handling cases of violence against women cases. “But I hope, in the coming days, when I get access to data on the number and nature of cases referred to courts as well as the conviction rates, I will be able to make recommendations in my report,” she added.
One of Ms Al Salem’s key recommendations was to offer institutional protection to women in prostitution, treating them as victims.
“Women in prostitution should be treated always as victims,” Ms Al Salem said, quoting from the recommendations she made in her 2024 report to the Human Rights Council.
Source: thenationalnews.com
https://www.thenationalnews.com/news/uae/2024/12/19/uaes-push-to-protect-women-impressive-but-room-to-do-more-says-un-independent-expert/
---------
Syrian girls’ right to schooling unrestricted, new education minister says
December 19, 2024
DAMASCUS: Syria will remove all references to the former ruling Baath party from its educational system as of next week but will not otherwise change school curricula or restrict the rights of girls to learn, the country’s new education minister said.
“Education is a red line for the Syrian people, more important than food and water,” Nazir Mohammad Al-Qadri said in an interview from his office in Damascus.
“The right to education is not limited to one specific gender. ... There may be more girls in our schools than boys,” he said.
The secular, pan-Arab nationalist Baath Party governed Syria since a 1963 coup d’etat, seeing education as an important tool for instilling life-long loyalty among the young to the country’s authoritarian ruling system.
President Bashar Assad was toppled on Dec. 8 by Hayat Tahrir Al-Sham (HTS), an Islamist rebel group that some Syrians fear may seek to implement a conservative form of Islamist governance.
But Qadri’s plans reflect their wider management approach and moderate messaging so far.
Syria has long been seen to have one of the Arab world’s strongest education systems, a reputation that has largely survived 13 years of civil war.
Qadri said religion — both Muslim and Christian — will continue to be taught as a subject in school.
Primary schools will remain mixed between boys and girls, while secondary education will stay largely segregated, he said.
“After primary school, there were always schools for females and schools for males. We won’t change that,” said Qadri, who had taken to his ornately-furnished office so recently that he had not yet procured Syria’s new green, white and black flag.
Syria’s new rulers, who have long-since disavowed their former Al-Qaeda links, have said that all of Syria’s minority groups including Kurds, Christians, Druze and Alawites will be treated equal as the new government focuses on rebuilding.
They face a formidable challenge.
Syria remains under tight Western sanctions.
Entire cities were levelled in 13 years of war that Qadri said had also left about half the country’s 18,000 schools damaged or destroyed.
But the rebels have moved into government fast, extending a hand to former state employees who have shown up to work in droves.
Most of the new ministers are young — in their 30s or 40s — making 54-year-old Qadri among the oldest in government.
Born and raised in Damascus, he was imprisoned by the Assad regime in 2008 on what he said were spurious charges of inciting sectarian strife, preventing him from finishing his bachelor’s degree.
He was released a decade later and fled to northern Idlib, then under the control of HTS, becoming education minister in its Salvation Government in 2022.
He is currently finishing his masters thesis in Arabic language.
With the political and social contours of the new Syrian state still being drawn, Qadri said students would not be tested on their mandatory “nationalist studies” — previously a vehicle for teaching Baathism and Assad family history — this year.
Source: arabnews.com
https://www.arabnews.com/node/2583650/middle-east
--------
The Politics of Oppression against Afghan Women
DECEMBER 20, 2024
BYMUNAZZA HAMEED
As women worldwide grapple with tears and grief, Afghan women endure deafening silence resonating around the world with different stages of bans and sanctions since the Taliban has taken over this land. The latest blow came when the Taliban government extinguished the dreams of aspiring midwives and nurses, banning women from pursuing education in these fields. This heartless decision has not only left countless women in despair but also raises a critical question: what risks will Afghan women face as patients when denied access to educated healthcare providers? This ban serves as a stark reminder of the fragility of women’s rights in Afghanistan.
A recent Twitter space, hosted by a group of Afghan men, caught my attention. Titled “Afghan women demand their right to education AS PER SHARIAH, so is women’s education even permitted in Shariah(Islamic law)?” I joined the space but only to find it conducted in Persian. This led me to ponder two crucial aspects: what does Islam truly say about women’s education, and what does Pashtoon culture dictate on this matter?
As I delved deeper, I discovered that Islam emphasizes the importance of knowledge and education for all individuals, regardless of gender. Where the Quran states in 39:9 that “Those who knows are not equal to those who doesn’t”, there the Hadith of Prophet Muhammad even more clearly testifies that seeking knowledge is an obligation upon every Muslim, both male and female. The Quran has never excluded any gender when it comes to seeking knowledge and wisdom. And that’s why Muslim history boasts a rich legacy of women playing a leading role in education. Such examples include Aisha, wife of the Prophet Muhammad, and Fatimah al-Fihri, the visionary founder of University of Al-Qarawiyyin in Morocco. They also include notable figures as Rabi’ah Bint Mu’awwad, a great scholar of law in Medina, Umm ‘Atiyyah, who taught male scholars Islamic law, and A’isha bint Sa’d ibn Abi Waqqas who had many famous male scholars as her pupils.
These trendsetting females were not violating the Shariah but in fact embodying the true spirit of Islam, which values knowledge, education, and empowerment for all individuals, regardless of gender.
Similarly, the Pashtoon culture has long been misunderstood and misrepresented as misogynist. However, this narrative is far from accurate. In reality, the Pashtoon culture in Khyber Pakhtoonkhwa of Pakistan has a rich history of promoting enlightenment, moderation, and feminist values.
A notable example of this is the regime of Bacha Khan, a revered Pashtoon leader who championed education for both girls and boys. In 1929, he founded the Khudai Khitmatgar (Servants of God) Movement, which emphasized the importance of education and set a powerful precedent by sending his own daughters to school. As a celebrated representative of Pashtoon culture, Bacha Khan’s legacy serves as a testament to the culture’s capacity for progress and equality.
In contemporary times, individuals like Mia Khan from Paktika province, Afghanistan, and Ziauddin Yousafzai, Malala’s father from Khyber Pakhtunkhwa province, Pakistan, demonstrate that Pashtoon culture is not a barrier to women’s education. These men, who are deeply rooted in their cultural heritage, have actively promoted women’s empowerment and education, debunking the myth that Pashtoon culture is inherently misogynistic.
This prompts a crucial question that if the roots of educational bans don’t lie in culture and religion then what is the driving factor of such policies?
Upon asking Khalid Amiri, an Afghan journalist exiled in Australia, he replied that the moves are “totally political” and have no element of religious of cultural motives behind. He added that his 2 female cousins who were in last year of their medical education, got barred from completing it. They would have been doctors by now but the Taliban government have crippled half of the Afghan population i.e, women by depriving them of their educational rights. “The ultimate goal of which is to exert a total control over the population, stripping them of their ability to reason and question their rule”.
It also uncovers the deep-seated fear of westernization by the Taliban government. They believe that western-style education will inevitably lead to westernization of their women which is considered as a threat to the patriarchal values and conservative nature of Taliban. This is the reason that pursuing education is mistakenly perceived as a rejection of Islamic concept of purdah(veil or headscarf), rather than a mean to empower women within the framework of their faith.
Moreover, the draconian ban on women’s education is also fuelled by the Taliban’s internal power struggle between hardliner and pragmatic factions. As the government grapples with external threats from IS-Khorasan and National Resistance Front (NRF), also known as Second Resistance, it cannot afford to exacerbate existing divisions within its own ranks. To project unity and avoid internal conflict, pragmatic Taliban leaders have compromised on their more moderate views, surrendering to the hardliner’s demands and sacrificing women’s right to education in the process.
The battle for women’s rights in Afghanistan has become a pawn in the Taliban’s political game, with innocent lives caught in the crossfire. Behind the façade of Pashtoonwali and Shariah, the Taliban’s true motives are rooted in power and control. The cries of Afghan women are falling on deaf ears, as global Human Rights organizations, like Amnesty International and Human Rights Watch, issue condemnations that ring hollow.
Meanwhile, the US government, which claims to be a champion of women’s rights, is inadvertently funding the Taliban’s oppressive regime to the tune of over $21 billion. The hypocrisy is staggering. If the US genuinely wants to empower Afghan women, it must attach strings to its aid, making the lifting of the education ban a non-negotiable condition.
However, this move may invite resistance from hardliner Taliban elements, who will likely view it as an attempt to impose Western values. To break this impasse, what’s needed is not mere rhetoric, but practical dialogue. The international community must engage in tough, nuanced negotiations with the Taliban, leveraging economic aid to secure tangible gains for Afghan women.
Only through sustained pressure and pragmatic diplomacy can the Taliban be persuaded to relent, allowing Afghan women to reclaim their right to education and a brighter future. The time for empty condemnations is over; it’s time for action.
Source: moderndiplomacy.eu
https://moderndiplomacy.eu/2024/12/20/the-politics-of-oppression-against-afghan-women/
---------
‘Are We Not Human?’ Afghan Women in Despair After Taliban Bans Nursing and Midwifery Training
19/12/2024
Medical institutions were the last hope for Afghan girls and women seeking higher education since the Taliban banned schools and universities for women
“Why do you torture us every day? Just give us poison and end it all,” a heartbroken Afghan medical student told Taliban forces, expressing the despair of thousands of girls whose dreams of becoming healthcare professionals were shattered by the Taliban’s latest decree.
The hardline group has banned all female medical students from pursuing education, marking the closure of nursing and midwifery programs across Afghanistan, the last lifeline for girls seeking higher education in a country where women’s rights have been systematically eroded since the Taliban’s return to power in 2021.
The Taliban’s recent decree, issued directly by the group’s supreme leader, Hebatullah Akhundzada, has caused immediate devastation.
For the past three years, nursing and midwifery were the only remaining fields of study open to women after the Taliban banned girls from attending secondary schools and universities. The abrupt closure of these institutions has ignited widespread despair across Afghan society.
The ban comes a few months after the Taliban banned women’s voices and faces in public under so-called new vice and virtue laws.
Health Policy Watch spoke to several nursing students who expressed frustration and sadness.
‘Are we not human?’
“I was about to graduate. After the closure of universities, nursing institutes were our last hope. Now, they are closed too. I feel completely hopeless,” said Sumaya*, a nursing student in her final semester.
Hameeda*, a nursing student in Kabul, echoed the despair: “We don’t have the means to study abroad. We are asking the Taliban: ‘Are we not human? Don’t we have the right to education? God has made men and women equal in their rights.”
“I have turned homeless, wandering aimlessly,” one student said in a viral video. Her words, along with others like it, have echoed through Kabul and beyond as girls wearing full-body black veils, many in tears, left their classrooms for the final time, uncertain if they would ever return.
Fariba*, a mother from Kabul, received devastating news when her daughter, Parwana, called early one morning, sobbing uncontrollably.
“She never calls at this time,” Fariba, who once taught elementary education to girls, told Health Policy Watch. “It’s when she’s in class.”
Her daughter Sara* had been studying nursing after her dream of attending university to study computer science was dashed by the Taliban’s closure of higher education for girls.
“Now, we are left without hope,” Sara, 20, lamented. “Our dreams are shattered. We are being pushed into the darkness.”
Conservative estimates suggest that around 35,000 girls were enrolled in over 150 private and 10 public medical institutions offering diplomas in fields such as nursing, midwifery, dentistry, and laboratory sciences before the Taliban’s ban.
These programs were the last available option for young Afghan women who sought to contribute to their communities, particularly in healthcare.
The abrupt suspension has left students in shock. The administrator of one of the nursing institutes sent a message to all female students: “With a heavy heart, I must inform you that until further notice from the Islamic Emirate, you must not come to the institute for studies.”
Deepening health crisis
This move not only marks the end of the academic ambitions of girls and women, but also deepens the country’s already precarious healthcare crisis.
Afghanistan’s healthcare system was already under strain before the Taliban’s return to power, with one of the highest maternal mortality rates in the world.
In 2020, the country saw 620 women die for every 100,000 live births – a stark contrast to just 10 deaths in the UK, according to the World Health Organization (WHO).
Less than 60% of births were overseen by trained health personnel in 2019, according to the United Nations Population Fund (UNFPA), which estimates that Afghanistan requires an additional 18,000 skilled midwives to meet the needs of its women.
Despite the overwhelming need for female healthcare workers, the Taliban’s decision to block access to medical education for women will exacerbate the crisis.
Médecins Sans Frontières (MSF) warned that the country’s lack of female healthcare professionals would directly impact the provision of essential health services, especially maternal care.
“There is no healthcare system without educated female health practitioners,” said Mickael Le Paih, MSF’s Country Representative in Afghanistan.
“In MSF, more than 41% of our medical staff are women. The decision to bar women from studying at medical institutes will further exclude them from both education and healthcare.”
The healthcare sector’s reliance on female professionals is especially critical in Afghanistan, where cultural norms often prevent women from being treated by male doctors.
Dr Ahmed Rashed, a Kabul-based health policy expert, warned that the Taliban’s latest decree would create numerous social challenges, especially for Afghan women who prefer to be treated by female healthcare workers.
“If girls cannot attend secondary school, and women cannot study at universities or medical institutes, where will the future generation of female doctors come from?” Rashed asked. “Who will provide healthcare to Afghan women when they need it most? For essential services to be available to all genders, they must be delivered by all genders.”
International outcry
Last week, the United Nations (UN) Security Council criticized the medical education ban and the “vice and virtue” law issued in August in a unanimous resolution voicing concern about “the increasing erosion” of human rights in the country.
“If implemented, the reported new ban will be yet another inexplicable, totally unjustifiable blow to the health, dignity, and futures of Afghan women and girls. It will constitute yet another direct assault on the rights of women and girls in Afghanistan,” according to UN Special Rapporteurs working on women’s rights, human rights and health.
“It will undoubtedly lead to unnecessary suffering, illness, and possibly deaths of Afghan women and children, now and in future generations, which could amount to femicide.”
The Norwegian Afghanistan Committee (NAC), which trains female healthcare workers in collaboration with the Ministry of Health, reported that it had been verbally informed that classes for women would be “temporarily suspended.”
As the Taliban’s gender-based restrictions continue to devastate the lives of millions of Afghan women and girls, the question remains: What is the future of Afghanistan’s healthcare system? Without access to education, Afghan women will be barred from becoming the doctors, nurses, and midwives their country so desperately needs.
This decision, experts warn, will not only create immediate social and healthcare challenges but will have long-term consequences for generations to come.
Source: healthpolicy-watch.news
https://healthpolicy-watch.news/are-we-not-human-afghan-women-in-despair-after-taliban-bans-nursing-and-midwifery-training/
---------
URL: https://newageislam.com/islam-women-feminism/high-court-holy-quran-woman-inheritance/d/134086