Muslim Woman Moves Kerala High Court Challenging Muslim Personal Laws For Gender Discrimination In Intestate Succession
New Age Islam News Bureau
30 December 2022
• Al-Hanouf Al-Qahtani First Woman To Become Chief Of
Northern Border Council
• G7 Tells Taliban To ‘Urgently Reverse’ Women Aid
Workers Ban
• The Importance Of Female Islamic Activism In
Kyrgyzstan
•
Sofia Buncy Leading Researcher On Muslim Women In Prison Awarded Honorary
Doctorate
• Women, Kids Among 1,200 Afghan Illegals Jailed In
Pakistan
Compiled by New Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/muslim-gender-kerala-personal-laws-shariat/d/128756
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Muslim Woman Moves Kerala High Court Challenging
Muslim Personal Laws For Gender Discrimination In Intestate Succession
Kerala High Court
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Sara Susan Jiji
29 Dec, 2022
A Muslim woman has approached the Kerala High Court
challenging the provisions of the Muslim Personal Law (Shariat) Application
Act, 1937, (1937 Act) and the Muslim Personal Law (Shariat) Application (Kerala
Amendment) Act, 1963 (1963 State Act), on the ground that they allegedly
discriminate between male and female Muslim intestate successors. [Bushara Ali
v Union of India & Ors.].
Justice VG Arun recently admitted the plea directed
the counsel for the Central and State governments to get instructions on the
plea that sought a declaration that the provisions of the 1937 Act and 1963
State Act are void to the extent of discrimination on the ground of sex.
The petitioner’s father passed away in 1981 leaving
behind her mother and her eleven siblings. She has a total of seven brothers
and four sisters.
In 1994, the petitioner had filed a suit for partition
before the Subordinate Judges court, claiming shares under Shariat law, being
unaware of the void nature of Shariat Law under Article 13 of the Constitution
of India which discriminates between male and female children regarding
apportionment of shares as 2:1.
Thereafter, the lower court passed a preliminary and
final decree following the Sharia Law, allowing the petitioner to only half of
the share allotted to her brothers.
The petitioner had already filed an appeal before the
High Court challenging this lower court order and the prayer to set aside said
decrees was reiterated in the present plea.
In addition, the petitioner in the plea challenged the
validity of Section 2 of the 1937 Act and the substituted Section 2 of the 1963
State Act as void by virtue of Article 13(1) and Article 13(2) respectively as
the said provisions are violative of the right to equality guaranteed under
Article15 of the Constitution of India.
"As per Shariat, female children are
discriminated as against male children, i.e., the share a female inherits is
only half of what a male child inherits. This is a clear violation of Article
15 of the Constitution of India. The Sharia law applicable to the extent of not
giving equal share to a female compared to a male is void by virtue of Article
13 of the Constitution of India", the plea stated.
The plea will be heard next when the Court reopens
after its ongoing vacation.
The petitioner was represented by advocates KV Sohan,
Atul Sohan, R Reji (Attingal) and Sreeja Sohan.
Source: Barand Bench
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Al-Hanouf Al-Qahtani First Woman To Become Chief Of
Northern Border Council
Dr. Al-Hanouf Al-Qahtani
----
December 29, 2022
ARAR — Prince Faisal Bin Khalid Bin Sultan, the emir
of the Northern Borders Region, issued a decision appointing Dr. Al-Hanouf bint
Marzouq Al-Qahtani as the secretary-general of Northern Border Council.
Al-Qahtani is the first woman to hold the position in
the history of the council. She is considered to be the second woman at the
national level to be named as the secretary-general of a regional council after
Dr. Kholoud Al-Khamis, who was appointed secretary-general of Tabuk Region
Council.
Dr. Al-Hanouf Al-Qahtani was born Riyadh, and holds a
PhD in Emergency Medicine. She previously worked in the Ministry of Health.
Before her new appointment, Dr. Al-Qahtani worked as
head of the Ambulance and Emergency Department at the North Medical Tower in
Arar. She was also the head of the clinical review department there before
moving to the Northern Border Emirate.
Dr. Al-Qahtani holds a fellowship in emergency
medicine and accidents, in addition to a master’s degree in health care
management from the University of Colorado, USA and Saudi Electronic
University.
She holds a professional certificate in Safety,
Quality, Health Informatics and Leadership (SQIL) from Harvard University, USA,
in addition to a professional certificate in project management from the
University of California in Irvine, as well as a professional certificate in
Governance and Risk Management.
Source: Saudi Gazette
https://saudigazette.com.sa/article/628463
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G7 tells Taliban to ‘urgently reverse’ women aid
workers ban
December 29, 2022
LONDON: G7 foreign ministers on Thursday called on the
Taliban to “urgently reverse” a ban on women working in Afghanistan’s aid
sector, a joint statement said.
The ministers said they were “gravely concerned that
the Taliban’s reckless and dangerous order barring female employees of national
and international non-governmental organizations (NGOs) from the workplace puts
at risk millions of Afghans who depend on humanitarian assistance for their
survival.”
“We call on the Taliban to urgently reverse this
decision,” they said in the statement issued by Britain’s foreign ministry.
The ban is the latest blow against women’s rights in
Afghanistan since the Taliban reclaimed power last year.
Less than a week ago, the hard-line Islamists also
barred women from attending universities, prompting global outrage and protests
in some Afghan cities.
“Women are absolutely central to humanitarian and
basic needs operations. Unless they participate in aid delivery in Afghanistan,
NGOs will be unable to reach the country’s most vulnerable people to provide
food, medicine, winterization, and other materials and services they need to
live,” the G7 statement said.
“The Taliban continue to demonstrate their contempt
for the rights, freedoms, and welfare of the Afghan people, particularly women
and girls,” it added.
The statement comes after six aid bodies suspended
operations in Afghanistan in response to the ban.
They included Christian Aid, ActionAid, Save the
Children, the Norwegian Refugee Council and CARE.
The International Rescue Committee, which provides
emergency response in health, education and other areas and employs 3,000 women
across Afghanistan, also said it was suspending services.
“Millions of people in Afghanistan are on the verge of
starvation,” Christian Aid’s head of global programs Ray Hasan said on Monday.
“Reports that families are so desperate they have been
forced to sell their children to buy food are utterly heartbreaking,” he said,
adding that a ban on women aid workers would “only curtail our ability to help
the growing number of people in need.”
Source: Arab News
https://www.arabnews.com/node/2223721/world
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The Importance of Female Islamic Activism in
Kyrgyzstan
By Aksana Ismailbekova
December 30, 2022
In Kyrgyzstan, Islamic organizations and activism —
particularly those run by women — have become increasingly important in the
social sphere. The influence of Muslim women, and the organizations and communities
they lead, can be seen in areas as diverse as charity and fashion. Yet the role
of Islamic organizations as social actors is little understood outside of
Muslim contexts.
Islam in Central Asia is often viewed through a narrow
range of lenses. First, Islam and Islamic groups, organizations and parties
have been studied and presented from a security perspective, most often as
threats. There is a general perception among policymakers, the diplomatic
community, and the public, that Islamization and Islamism are dangerous and a
threat to stability in the region. This has been the dominating feature of the
international community’s understanding of Islam in Central Asia.
A second perspective that has emerged over the last
decade perceives Islam as a challenge to liberal ideology (including freedom of
opinion, freedom of expression, women’s rights, and individual life choices).
And a third perspective is that in Central Asia, Muslim activity has become an
important element of identity politics.
Identity politics have certainly evolved after the
collapse of the Soviet Union and the downfall of communism. During the
communist period, a lot of social activities were organized in women’s groups
(zhensovet), local groups (Komsomol), and among youth pioneers. Muslim
mobilization has taken the place of those Soviet-era modes of organizing,
providing ways for individuals to redefine or reinforce their own political
identities.
There is another way to view Islam and Islamic
activism in Central Asia, Kyrgyzstan in particular. Islam and Muslim
organizations operate also as social actors and have social agency, especially
women. Muslim women’s networks/associations are a fundamental part of wider
civil society in Kyrgyzstan and it’s valuable to explore the ways Muslim women
have shaped society in the country via Islam. The international community, in
seeking to pursue cooperation in the region, ought to look to Muslim women —
the groups and communities they organize with which they share common values —
as a vital set of partners.
This article is based on interviews conducted with
Muslim women activists in Kyrgyzstan and religious organizations like
Mutakallim and Datka-aiym, whose principles are based on their religious faith.
Recent research has shown that Islamism and Islamic
activism are increasingly important in welfare activities, especially in
providing public goods and services not delivered by the state. Islamic
activism and Islamic institutions are gradually growing into social
institutions and have partially gained their own voice and established their
own systems to contribute to society. Moreover, religious activists are
predominately active in human rights and social issues in their communities,
highlighting gender equality, health care disparities, gender-based violence,
as well as issues related to women’s rights, the elderly, people with
disabilities, and children.
In the Kyrgyz context, religiously educated activists
and female madrassa/university graduates contribute to challenging the
patriarchy by using their high authority when it comes to religious knowledge.
Invoking their certified knowledge of Islam, they emphasize women’s status and
the protection of their rights in Islam and contribute to changing the nature
of the traditional family. For example, one of the leaders of the Muslim
organization Mutakallim, Jamal Frontbek kyzy, is against polygamous marriage in
Kyrgyzstan, arguing that the way it is practiced in Kyrgyzstan does not meet
the requirements of Islam.
In matters of charity and social support, women and
Islamic organizations have taken a lead. This was especially evident during the
COVID-19 pandemic. For example, mosques were among the first to open their
doors to the sick, and women participated in volunteer work and generated funds
to buy medical equipment. In other spheres, Muslim organizations have also
supported women: Datka-aiym has initiatives related to business development
supporting single or widowed women in finding jobs. They also draw attention to
the rights of children with disabilities in the regions and beyond by involving
them in sports, art or music competitions. Datka-aiym defends the rights of
marginalized communities that the state cannot provide welfare for. They
provide scholarships to orphans and children with disabilities on a charitable
basis. They want to draw attention to violence against children with
disabilities and domestic violence against children. They also make the voices
of children with disabilities heard and talk about all the difficulties their
parents face.
Female religious leaders additionally serve as social
mediators. The Islamic organization Mutakallim serves as a bridge between
secular and religious communities, mediating between a secular community
perceived as not accepting the religious community and a religious community
which at times brands the secular community as “unbelievers.” Mutakallim
stresses the importance of living in a secular country and respecting peoples’
different choices, emphasizing all people should be respected and tolerated
regardless of their individual choices. This organization has introduced
peacebuilding courses in madrassas and religious institutions, explaining that
it is important to respect and tolerate other religious groups. For example,
female religious leader and activist Jamal Frontbek kyzy was one of those who
first introduced the practice of allowing girls to go to school in headscarves
and made sure women were permitted to have their passport photo taken in
headscarves. Jamal Frontbek kyzy says that according to the Kyrgyz
Constitution, every girl should attend school — and for the religious wearing a
headscarf is a necessary accommodation. Her organization is quite active in
protecting the rights of Muslim women, working closely with international
organizations and government agencies.
One member of Mutakalim says, “We work on issues
related to women’s rights. Usually, it is thought that women don’t have any
rights and don’t go beyond the household. However, in Islam this is not the
case, we try to protect women’s rights, raise issues such as domestic violence
against women, gender inequality. Even though the mullahs don’t like these
gender-related questions, we still continue to raise these issues in public. We
are also trying to convince Muftiate to have a women’s consulate or department,
and to have women on a decision-making level committee in the Muslim advisory
council. There is still a problem that the religious community does not accept
these kinds of behaviors, but we hope that will change soon.”
Many of my interlocutors expressed their willingness
to show Islam in a positive light and to present an alternative vision of Islam
(progressive, modern, stylish, humanitarian) to the younger generation. Women
see their role as crucial in this regard. They expressed that it was time to
portray Islam positively in order to change the stereotypes of Islam being
“backward,” “radical,” or “foreign.” In this context, clothing has been a main
topic of discussion, especially among young women. The issue of clothing was
mentioned by several highly educated pious women. They are involved in sports
and education, and see their activism as belonging to fashion and clothing
design. They say that it is important to make Islamic clothing diverse,
colorful, interesting, and stylish to show the diversity of Islam. For example,
when I met Ainura, she came all in red, including her headscarf and long dress.
She is a businesswoman who runs several stores and is active in sports. She
says she wants to show that women who practice Islam can and should be seen in
business, sports and education.
A teacher at the Islamic University, Baktygul, studies
the Arabic language dialects in different countries alongside the logic of
these dialects and the meaning behind them. When I met her, she was wearing a
beautiful white scarf with elegant white clothes with black stripes. She
teaches Arabic to thousands of students over the internet, especially school
children in different parts of Kyrgyzstan. She is a very positive young woman
and aims to make Islam interesting for young people. She has many female
followers and wants to be a role model for her students. Consequently, she says
that she should be stylish, interesting, and well-educated. Her embodiment of Islam
in a positive, stylish, and educated way attracts many young students. She is
fluent in Kyrgyz, Russian and Arabic.
Another woman, Damira, takes online courses on the
Quran and Islam with a young teacher from the Islamic University in Kyrgyzstan.
Being at home with four children, this was the best way for her to continue her
religious education. Damira fasts strictly every year and prays five times a
day.
These women have chosen quiet activism — working to
learn Islam and positively influence others in their social circles — rather
than open protest. They talk with their relatives about Islam and highlight the
humanitarian aspect of it as well as that which promotes respecting elders. The
stories of these women show that their activities are focused on bringing
progressiveness, style, sport and education to the forefront of Islam. All of
them are very interesting and knowledgeable in the fields of economics, sport,
politics and education. Their mission and activities are to present Islam in a
positive light.
And yet, these women do face negative attitudes toward
them.
One of the key observations made during the focus
group concerned the evident intergenerational conflict regarding the private
and public practice of Islam in Kyrgyzstan. The focus group included both
veiled and unveiled young women. The parents of young women with veils
supported their decision mainly because their parents practiced Islam with
their children. Those young women who were not veiled, but expressed a
willingness for veiling, shared their personal stories. Young students
expressed a willingness to embrace Islam, but said their parents often opposed
their attempts, mostly saying that they should wait a little longer.
Among young girls discussion mostly concerned the veil
and their style of dress, which secular parents often did not support, saying
it looked uncomfortable. Mothers told their daughters that their Islamic
clothes were not comfortable and were too long, especially when they enter
marshrutkas (the minibus taxis ubiquitous across Central Asia). Such long
clothes would always remain dirty, they argued, dragging on the ground. Mothers
also told their daughters that their style of dress was not good, so they did
not approve of it for their daughters. However, parents would rarely give
reasons beyond practicality to oppose Islamic dress.
The intergenerational problem regarding whether or not
to practice Islam was not limited to the home or the domestic sphere. One could
also see this problem in the public sphere, especially in the fact that public
school administrations discouraged young teachers from adopting religious
dress. All participants said that their school administration was a major
problem for those who practiced Islam and did everything they could to protest
Islam. Some teachers, for example, forced their students to remove headscarves
when they were in school. Some school administrators were particularly hard on
young teachers who practiced Islam, again, with much of the conflict centered
on headscarves and veils. Almost all of the young teachers in the group talked
about problems in school.
Female Islamic activists in Kyrgyzstan are involved in
various activities from charity, to fashion, to development assistance, to
online and offline education and other forms of social support. There may be
other cultural, social, and political factors behind the strength of female-led
activism in Kyrgyzstan more generally, but Islam is clearly a crucial element
within broader civil society in the country and a necessary aspect of future
cooperation across issue areas.
Source: The Diplomat
https://thediplomat.com/2022/12/the-importance-of-female-islamic-activism-in-kyrgyzstan/
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Sofia Buncy Leading Researcher On Muslim Women In
Prison Awarded Honorary Doctorate
Nadine Osman
30th Dec 2022
Bradford-based community champion and researcher Sofia
Buncy has received an honorary doctorate from the University of Bradford for
her work in the Criminal Justice System (CJS).
Buncy was awarded her doctorate on December 9, in an
awards ceremony at the University for her work on Muslim women in prison, a
grass-roots, community-led initiative that has helped change theory, practice,
and policy for prison leavers.
She was the groundbreaking researcher and co-author of
the 2014 report titled Muslim Women in Prison: Second Chance: Fresh Horizons,
the first-ever report of its nature in the country.
She was also awarded the doctorate for her community
work in Bradford, and her passion for her work was noted by Professor Engobo
Emeseh of the University of Bradford.
She is currently leading her team on their fourth
academic research project alongside two northern universities into ‘Muslim
women prison leavers and resistance,’ which will look at the impact on their
lives post-prison and routes to recovery.
In 2020, Sofia was confirmed as a Deputy Lieutenant
for West Yorkshire, and in this year’s New Year’s Honours, she received her MBE
for ‘services to prisoners and the community of Bradford.’
Her work across Bradford was also highlighted,
including the Young in COVID project, which Buncy has been working on since the
pandemic, as well as her enthusiasm for other social and charitable causes.
In a statement to The Muslim News, she said: “I’m glad
that my work has resulted in giving understanding and visibility to an issue
that many people either did not know about or did not want to confront. It has
given impetus to conversations around the issue of Muslim women who come into
contact with the criminal justice system (CJS) and it has opened up broader
conversion around equality for black, brown ethnic minority groups in CJS.”
She added: “It’s an absolute honour to receive this
award from a principal institution in Bradford, such as the university, because
I am very passionate about supporting communities in Bradford.
To have had the warm welcome I’ve had, Bradford has
invigorated me. Yes, it has areas of deprivation and challenges like any other
place, but it also has pockets of hope and inspiration, which, if nurtured
correctly, can become something very special.
In the future, she hopes to work with the university
and research segments of the CJS to help shape the system and create change.
Source: Muslim News
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Women, kids among 1,200 Afghan illegals jailed in
Pakistan
29 Dec 2022
The arrests brought criticism from around Afghanistan
after images of locked up Afghan children were circulated online. The
detentions underscored the strained relations between the two South Asian
neighbors.
Police and local government officials said the detainees
will be deported to Afghanistan after serving their sentences or when the
paperwork for their release is completed by their attorneys.
Pakistani officials claim that most of the detainees
wish to return home.
Although Pakistan routinely makes such arrests,
multiple and apparently coordinated raids were launched beginning in October to
detain Afghans staying in Karachi and elsewhere without valid documents.
Gul Din, an official at the Afghan Consulate in
Karachi, said he was in contact with Pakistan about a ``quick and dignified
return`` of the Afghan citizens to their homeland.
Pictures of some Afghan children crammed into a cell
of the central jail in Karachi went viral on social media, drawing appeals for
their release along with their parents.
At least 139 Afghan women and 165 children are among
those being held at a high-security jail in Karachi, according to a report
released this month by Pakistan's National Commission on Human Rights. The
report was based on interviews with scores of imprisoned Afghan detainees.
In the Afghan capital of Kabul, Abdul Qahar Balkhi, a
spokesman for the foreign affairs ministry, said embassy officials had
expressed their concerns during meetings with their Pakistani counterparts.
``The Pakistani authorities have repeatedly pledged
swift release of these detainees,`` he told The Associated Press, saying that
so far Pakistan had failed to ``fully deliver on the commitment.``
``We believe that such degrading treatment of Afghans
in Pakistan is not in the interest of any party,`` Balkhi said. He said Afghans
were advised not to enter Pakistan ``unless absolutely necessary and without
proper documentation.''
In Karachi, Murtaza Wahab, a spokesman for the Sindh
provincial government, said police recently arrested only those Afghans who
were residing in the province without valid documents. He said such detainees
will be deported. He did not say how many Afghans were arrested for illegally
residing in Sindh this year.
But Moniza Kakar, a lawyer who helps such Afghan
detainees, said at least 1,400 Afghans were being held in Karachi's jails. ``We
are not sure exactly how many Afghans are currently being held at jails in
Pakistan. So far, we have facilitated the release of hundreds of Afghans to
their country,`` she said.
Kakar said some pregnant Afghan women who fled
Afghanistan to seek medical treatment and for other reasons, are among those
detained in Karachi and elsewhere in Sindh province. She said one of the female
Afghan detainees recently gave birth to a child in the Hyderabad jail.
Kakar said dozens of Afghans were deported to
Afghanistan last month after they completed their sentences, which are usually
up to two months. However, she suggested that such sentences should be only
verbal and symbolic _ so that the detainees can be sent back to their countries
quickly.
Millions of Afghans fled to Pakistan during the
1979-1989 Soviet occupation of their country, creating one of the world's
largest refugee populations. Since then, Pakistan has been hosting Afghans,
urging them to register themselves with the United Nations and local
authorities to avoid any risk of deportation.
According to a recently conducted U.N.-backed survey,
1.3 million registered Afghan refugees are residing in Pakistan.
``Following the takeover of Afghanistan by the Afghan
Taliban, there has been a drastic rise in Afghans seeking to enter Pakistan for
a multitude of reasons ranging from fleeing persecution, seeking medical aid
and looking for job opportunities,`` the report released by the National Commission
on Human Rights last week said.
Pakistan and neighboring Afghanistan have a history of
bitter relations.
This month, Pakistan twice briefly closed a key border
crossing for trade at the southwestern town of Chaman after clashes erupted
between Pakistan and Afghan Taliban forces over the fencing of a remote border
village.
The Taliban seized power in Afghanistan in mid-August
2021, sweeping into the capital, Kabul, and taking the rest of the country as
U.S. and NATO forces were in the final weeks of their pullout after 20 years of
war. Since then, over 100,000 Afghans have arrived in Pakistan to avoid
persecution at home, although Afghanistan's Taliban rulers announced a pardon,
urging Afghan citizens not to leave the country.
Source: Ahram
https://english.ahram.org.eg/News/483396.aspx
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