Qatari Hurdler Mariam Farid: ‘For Arab Women, Impossible Is Nothing’
New
Age Islam News Bureau
14
March 2023
• “I
Stand with My Afghan Sisters”: Malala’s Oscars Jewels Once Belonged to Afghan
Queen Soraya
• Saudi
Arabia to Employ 80 New Women Taxi Drivers at Major Airports
• Sculptor
Blazing A Trail For Women In Arts Field In Saudi Arabia
• Sydney
Muslim Woman Savannah Was Asked, 'Are You Dressed Up As a Penguin’, In
Australia about Wearing a Hijab
• Over
850 Delegates Set To Attend 5th Gulf Businesswomen Forum in Jeddah
• Pakistan
Puts Women Filmmakers' Work on Display at International Film Festival
• Court
Rejects Sisters in Islam’s Bid to Challenge Selangor Fatwa Declaring It as
Deviant
• 'Blessing
For All Foundation' Documentary Highlights Women's Rights In Islam
• Transgender
Mother Performs Her Daughter's Kanyadaan in This Unique Indian Wedding
Compiled
by New Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/qatari-hurdler-mariam-arab/d/129320
--------
Qatari
Hurdler Mariam Farid: ‘For Arab Women, Impossible Is Nothing’
Qatari
hurdler Mariam Farid
-----
By
William Mullally
14
March 2023
Running
is the great equalizer. No matter your background, creed, gender, age or time,
running is the sport that unites us all.
For
Qatari hurdler Mariam Farid, it has been a key part of her own empowerment
journey, as she has used running to not only gain prominence in her home
country, but across the world, becoming the first hijabi female Qatari athlete
to take part in the World Athletic Championships, and now, to star in a global
adidas campaign.
Mariam
Farid stars along with Liverpool football star Mo Salah as well as Egyptian
runner Khadija Hegazy in the new global film ‘Running Needs Nothing But You’, a
moment she hopes inspires women in the Middle East and across the world to
“show the world what we can do,” she says.
On
International Women’s Day, we spoke with Farid about her journey as a runner,
her partnership with adidas, and the change landscape for women in sport in the
region–a change she has been on the forefront of.
Esquire
Middle East speaks with Mariam Farid
When
did your relationship with running begin?
Mariam
Farid: Running has always been a part of my life. It’s a sport that many people
start at a young age, which they don’t realize.
For
instance, running starts when you’re in kindergarten by playing tag with
friends, sometimes, even to run away from your mother when she’s trying to feed
you something you do not like. Furthermore, running is also incorporated in other
kind of sports such as basketball and football.
For
me, professionally, it has been almost 11 years since I have been doing track
and field run and being part of the national team of Qatar. Running has become
a big part of my life ever since I was a child.
What
is it that you love most about the sport?
Mariam
Farid: What I love most about running is that it brings me freedom, power, and
effort, but most importantly, that it’s for everyone.
For
every run, I am driven by desire to inspire the next generation of women to
break down barriers and make their impossible, possible.
What
moment from your professional hurdling career do you think back to the most?
Mariam
Farid: It all started when I was 16 years old and was invited to be an
ambassador for Qatar’s bidding team for the World Athletic Championship. I
spoke on behalf of the women in the region, women in sports, in front of the
International Olympic Committee.
In
fact, out of all the speakers and ambassadors, I was the youngest of all from
the bidding team. This was a huge challenge as I faced bids from other major
countries such as the United States and Spain. However, Qatar ended up winning
the bid and hosted the World Athletic Championship for the first time in the
Middle East in 2019.
This
was a big achievement and success for the country and for me, as it opened many
doors. I managed to influencerand show that there are women in the Middle East
that play sports, compete in global competitions, and strive for success.
Once
that dream was fulfilled, I remembered the promise I made to girls my age and
younger in my opening speech during the bid, that I will be competing one day
in the World Athletic Championship, and in 2019, I did just that.
This
made me the first hijabi female Qatari athlete to take part in this global
championship.
What
stands out to you about the sporting culture in Qatar?
Mariam
Farid: Qatar is a country of sports. We have seen the great development of
sports happen in the within the past few years, especially witnessing one of
the world’s biggest events, the FIFA World Cup 2022.
Qatar
has become a place where growth and opportunities are flourishing in sports.
Not only do we see it in investments, but the people in Qatar are changing, as
more are encouraged to do sports.
What
does being a part of this Adidas campaign mean to you?
Mariam
Farid: To start with, I am honored to represent adidas not just in the region,
but globally, for their long-standing brand attitude, Impossible is Nothing –
Running Needs Nothing But You. Together, adidas continues to show its immense
support of women from different backgrounds and identities. And for me, this is
crucially important, as I am a strong advocate for Arab women, especially
hijabi women in sports, not just in the region, but internationally.
Within
this campaign, we are not just showcasing two Arab hijabi women, we are
breaking the stereotype that no matter your identity, women who run can make
the impossible, possible. In addition, I was honored to take part in the
narration for the Arabic voice over of the global campaign, which to me, is a
great testament that looks at breaking down any kind of stereotype that women
go through.
Nonetheless,
working together with adidas on “Running Needs Nothing But You”, is to
encourage all kinds of people, whether in the region or globally, that running
just needs you to show-up.
What
do you hope the world takes away from this spotlight on your career?
Mariam
Farid: That I stand true to adidas’ long-standing brand attitude, Impossible Is
Nothing. There is no set of limitations to what an Arab women can achieve.
Hence, I encourage every young girl to dream big and aim for the success she
wishes to fulfill.
Furthermore,
I hope that the world takes the career for every woman in sport, especially an
Arab hijabi women, that we are all equal in terms of opportunities and dreams,
no matter what our differences are or look like. The beauty of this world is
that while we are all different, it make us who we are as individuals to strive
better.
How
has Adidas supported you on this journey?
Mariam
Farid: adidas has really empowered, pushed, and gave me opportunities for my
talent and identity to the rest of the world.
Through
its long-standing brand attitude that Impossible Is Nothing, adidas has pushed the
boundaries and is allowing athletes that are Arab, Qatari, hijabi and female to
be part of conversations that are purpose-led.
Everything
that I am and believe in, I find it within the brand attitude of adidas,
especially as we come together to empower women in sports. Whilst there are
stereotypes that might seem to be inevitable to break down, together with
adidas, we are making the change with campaigns, especially with “Running Needs
Nothing But You”.
Being
featured alongside well-renowned faces, especially Mo Salah and female Arab
hijabi runner, Khadija Hegazy, you see the change adidas is trying to make.
What
message would you like to deliver to the young people of Qatar who look to you
as an example?
Mariam
Farid: My biggest message that I will always live by is, Impossible Is Nothing.
My
advice is to girls my age and younger is to always dream big and aim for things
that you love. This is because, the moment you do something you love, it will
not only come from the heart, but it will help you grow and learn new things
along the way.
Show
the world that whatever you strive for, you are an independent and determined
women that will be celebrated in the best way in your culture.
Source:
Esquireme
https://www.esquireme.com/brief/qatari-hurdler-mariam-farid
--------
“I
Stand With My Afghan Sisters”: Malala’s Oscars Jewels Once Belonged to Afghan
Queen Soraya
Malala
Yousafzai
-----
By
Amu TV
14
March 2023
In
fact, Yousafzai’s stunning outfit was finished off with jewelry that was
previously owned by Queen Soraya Tarzi of Afghanistan – who was herself a
legendary activist during the 20th century.
According
to Britain’s Town and Country Magazine, Yousafzai wore a pair of 1920s diamond
briolette pendant earrings in platinum and a 19th century diamond
navette-shaped ring that had once belonged to Queen Soraya.
Queen
Soraya was known as the driving force behind the education and emancipation of
women in Afghanistan in the early 20th century and she founded the country’s
first magazine for women which promoted women’s welfare. She also established
the first primary school for girls in Kabul.
As
Queen of Afghanistan, she was not only filling a position – but she became one
of the most influential women in the world at the time.
Yousafzai
meanwhile became a household name internationally in 2014 when she won a Nobel
Peace Prize at just 17 years old.
Yousafzai’s
support of Afghan women
In
an interview with VOA a month ago, Yousafzai came out in strong support of
Afghan women and said that the people of Afghanistan, Muslim countries and the
international community should stand with Afghan women in their fight for their
rights to education and work.
She
said: “I have a message to all the people, not to stay silent. Stand with the
Afghan women. Afghan women are raising their voices on the global stage. They
are coming out to the streets in Afghanistan, raising their voices for peace,
equality, and justice. Stand with them and raise your voices for their rights
to education and work.”
She
also said: “The fathers and brothers of Afghan girls should also come out to
support their rights.”
She
went on to state “I stand with my Afghan sisters. I salute their courage. They
raise their voices for their rights. I hope they will get their right to
education, employment, and political participation. I also hope that the
international community will stand by them.”
Source:
AMU
--------
Saudi
Arabia to employ 80 new women taxi drivers at major airports
March
14, 2023
Dubai:
Over 80 female taxi drivers will soon be employed in the four main airports of
Saudi Arabia.
The
airports include King Khalid International Airport in Riyadh, King Abdulaziz
International Airport in Jeddah, King Fahd International Airport in Dammam, and
Prince Muhammad International Airport in Medina.
This
is part of the “Woman’s Track” phase of an initiative launched by Saudi
Arabia’s Transport General Authority (TGA) and the Ministry of Human Resources
and Social Development (MHRSD) to empower women in the transport industry, Al
Watan newspaper reported.
The
TGA will sign three agreements with major companies licensed to operate airport
taxis to employ these women drivers. The second phase of the initiative will
expand to include all other airports in the Kingdom. The initiative includes
collaboration with a specialised driving centre to develop a comprehensive
training programme for acquiring basic skills in driving cabs, as well as soft
skills such as customer service, decorum, first aid, and English language.
The
Tawteen Program-2 will provide support to empower national cadres and improve the
experience of beneficiaries, including visitors and travellers. The TGA is
committed to supporting job creation, increasing local content, and promoting
the role of women in Saudisation programmes in the transport sector to promote
GDP growth.
The
authority and the MRHSD aim to localise jobs in the transport and logistics
sector, with this initiative being one of several nationalisation initiatives
to support the empowerment of women in various fields.
Source:
Gulf News
--------
Sculptor
blazing a trail for women in arts field in Saudi Arabia
March
14, 2023
Riyadh:
Saudi ceramic artist Awatif Al Keneibit walks proudly into a gallery displaying
her work in Riyadh, where statues and earthenware figurines witness the return
of plastic arts to Saudi Arabia after decades of restriction.
Her
exposition includes ceramic faces, some with hollow eyes, others wearing eye
glasses, and figurines of Saudi Arabian women, displayed on red bricks and
coloured to reflect traditional desert dresses.
"Who
could have imagined that one day, this exhibition, which was in a basement,
could be displayed in Olaya (downtown Riyadh)?" said Keneibit, 60, who is
blazing a trail for women in the arts in Saudi Arabia.
US-educated
Keneibit said she resorted to creating a private gallery earlier at the bottom
of her house for friends and guests.
Her
work is now welcomed in Riyadh's most prestigious galleries, where other fellow
Saudi artists have in the last few years also began enjoying their new-found
freedoms.
"We
are a generation that has gone through a lot of changes - from a total ban to a
complete opening up," she said.
Source:
Gulf News
--------
Sydney
Muslim Woman Savannah Was Asked, 'Are You Dressed Up As a Penguin’, In
Australia about Wearing a Hijab
14
Mar 2023
A
Muslim woman has shared the disrespectful question an older man asked her about
wearing a hijab while she was working at an aquarium.
Sydney
woman Savannah said the man had the 'audacity' to ask her 'are you dressed up
as a penguin' while she was wearing her black and white hijab on Monday.
She
detailed the experience in a video posted to social media.
'Once
he pointed that out, I was thinking do I look like a penguin?
'I
didn't know what to say, so I was like "yeah, I'm a penguin", cause
like I thought he was joking, but he was dead serious.'
Savannah
said the man later offered her an apology.
'When
he got to the end to the sales area I said to him "hey, I'm not a penguin
by the way" and he said "I'm so sorry, I realise that",' she
said.
Despite
the apology, the young woman said she was still upset by the rude remark.
'What
do you mean? Why did you say it then?' she said.
However,
some viewers of the video jumped to the older man's defence, and were quick to
see the funny side of the incident.
'I'm
Muslim and think it's a valid question given the environment you were in,' one
wrote.
'That's
so sad, but so funny,' another wrote.
A
third said: 'You should have said "I'm a nun" to make him feel
guilty.'
'As
a hijabi, I always try to avoid black with white because I've done it and they
always think I'm a Catholic nun and call me sister,' a fourth added.
'Girl,
I'm a hijabi, I hear you, but he probably didn't mean harm,' another said.
A
fifth said: 'I'm sorry, that's a grandpa joke. Not right, but sure it wasn't malicious.'
Others
called out the older man's actions.
'I'm
sorry beautiful,' one wrote.
A
second added: 'I think he was trying to insult you and justify it by expecting
you to insult him back. When you didn't play along, he just felt bad.'
'That's
so rude,' a third said.
Source:
MSN
--------
Over
850 delegates set to attend 5th Gulf Businesswomen Forum in Jeddah
SALEH
FAREED
March
14, 2023
JEDDAH:
More than 850 businesswomen, entrepreneurs, delegates of private companies,
representatives of organizations that support development projects, and
national and regional banks are set to discuss ways to empower women when they
gather in Jeddah for the 5th edition of Gulf Businesswomen Forum on March 15.
The
two-day event will be hosted by the Federation of Gulf Cooperation Council
Chambers in cooperation with the Federation of Saudi Chambers and the Jeddah
Chamber of Commerce and Industry.
The
forum, held under the slogan “The Gulf woman: Between empowerment and
leadership,” aims to enhance the role of businesswomen in the chambers of the
Gulf Cooperation Council countries.
In
addition, there would be exchange of ideas in the field of strengthening the
status of women, empowerment, innovation and entrepreneurship.
Addressing
a press conference, Hassan bin Mujib Al-Huwaizi, president of the Federation of
Saudi Chambers, said that the forum will tackle issues related to the
empowerment of women as an active and influential partner in the process of
growth and development.
For
his part, Muhammad Youssef Naghi, chairman of the board of directors of the
Jeddah Chamber, lauded the continuous work to empower women in the leadership
fields and to enhance their role in various economic sectors.
Commenting
on the forum, Sarah Al-Ayed, a member of the board of directors of the Jeddah
Chamber of Commerce, said, “It is an opportunity to exhibit the progress Saudi
women have achieved under the wise leadership and the tremendous support of the
government.”
The
forum includes four sessions. The first discusses the role of Gulf
businesswomen in planning and economic development while the second reviews
cooperation between Gulf businesswomen and the launch of joint initiatives.
On
the other hand, the third session deals with the successes of Gulf women
personalities in the world of finance and business while the fourth one reviews
the growth of female entrepreneurship in Saudi Arabia.
Source:
Arab News
https://www.arabnews.com/node/2268271/business-economy
--------
Pakistan
puts women filmmakers' work on display at international film festival
14
Mar, 2023
The
7th Women International Film Festival came to a close in Islamabad on Sunday
after showcasing films from countries like Argentina, Belgium, Croatia, France,
Germany, Iran, Italy, Turkiye, the UK and the US.
The
two-day festival featured 18 short films, including two by Pakistani
filmmakers, "Baira Gharakh" by esteemed director Mehreen Jabbar and
"Awaaz" by Halimah Tariq.
Unfortunately,
the censor board blocked the third Pakistani submission, "My Mother's
Daughter," directed by Ahmen Khawaja and Mariam Khan, from being screened
at the festival because its plot revolvs around the controversial topic of
child marriage and the story of a Christian girl's forced conversion.
The
founder of the 7th Women International Film Festival, Madeeha Raza, expressed
her disappointment at the ban on the Pakistani film "My Mother's
Daughter" by the censor board, stating that it was "very
unfortunate" for the festival to be discouraged from showcasing
much-needed voices in Pakistan. Raza lamented that the festival was able to
screen films from other countries, but it was unable to showcase one of its
own.
Prashant
Thaker, co-writer of the US entry "The Woman Under the Tree",
expressed the hope that more female filmmakers from Pakistan would have the
opportunity to showcase a true representation of the country. The festival,
which aims to promote female filmmakers, will continue to screen short films in
Karachi and Lahore on March 16 and 18, respectively.
Source:
Daily Pakistan
--------
Court
Rejects Sisters in Islam’s Bid to Challenge Selangor Fatwa Declaring It as
Deviant
By
Ida Lim
14
Mar 2023
KUALA
LUMPUR, March 14 — The Court of Appeal in a majority ruling today dismissed a
challenge by women’s rights group Sisters in Islam’s (SIS) — via SIS Forum
(Malaysia) Bhd — against Selangor’s 2014 fatwa which had labelled the company
as deviant from the teachings of Islam.
The
majority decision was made by the panel’s chair Datuk Has Zanah Mehat and Datuk
Che Mohd Ruzima Ghazali.
In
reading the broad grounds of the majority ruling, Che Mohd Ruzima said the High
Court’s August 27, 2019 decision — which SIS Forum had appealed — was correct.
“As
a majority, we find no merit in the appellant’s appeal which justifies our
intervention at the appellate stage. With that, the appellants’ appeal is
dismissed, and the High Court’s decision is maintained. We use our discretion
to make no order as to costs,” the judge said when reading out the broad
grounds of his judgment online through the video-conferencing platform Zoom.
Datuk
M. Gunalan, the other judge on the Court of Appeal panel, gave his minority or
dissenting judgment — which, among other things, viewed that the Selangor
Islamic bodies could not apply the fatwa to SIS Forum (Malaysia) Bhd as it is a
company not capable of professing the religion of Islam.
SIS
Forum’s lawyer Datuk Malik Imtiaz Sarwar then immediately applied for the
status quo to be preserved while his clients pursue an appeal at the Federal
Court.
The
Court of Appeal then agreed to issue an interim stay order to ensure that the
fatwa is not enforced on SIS Forum or the appellants for now.
Imtiaz
said he would be formally filing a written application for an Erinford
injunction — similar to a stay order — to have the status quo preserved until
the Federal Court decides on his clients’ bid to appeal the matter. Until the
courts decide whether to grant the Erinford injunction, the Court of Appeal’s
interim stay order today will continue to apply.
The
interim stay is important as the 2014 fatwa issued by the Selangor fatwa
committee is extensive, labelling SIS Forum (Malaysia) and any individuals,
organisations or institutions holding on to liberalism and religious pluralism
beliefs as deviant from the teachings of Islam. The fatwa did not explain or
define the phrase “liberalism and religious pluralism”.
The
Selangor fatwa issued and gazetted in July 2014 had also said any publications
with elements of liberalism and religious pluralism should be “diharamkan”
(banned or made forbidden) and can be seized, stating that the Malaysian
Communications and Multimedia Commission (MCMC) should block any social
websites which goes against the teachings of Islam and hukum syarak (Islamic
law), and also declared that any individuals holding on to liberalism and
religious pluralism beliefs should repent and return to the path of Islam.
SIS
Forum (Malaysia) Bhd’s lawyer Surendra Ananth later confirmed to Malay Mail
that the company will be filing for leave to appeal at the Federal Court.
Appeals
to the Federal Court are not automatic, as the Federal Court will have to first
decide whether to grant leave or whether it would proceed to hear and decide on
the appeal.
Apart
from Imtiaz and Surendra, lawyer Fahri Azzat also represented the three
appellants in this case today, namely SIS Forum (Malaysia) Bhd, Zainah Anwar
and Datuk Mohd Zaid Ibrahim.
The
Selangor fatwa committee was represented today by lawyers Datuk Zainul Rijal
Abu Bakar, Danial Farhan, Azman Marsaleh, while Mais was represented by lawyers
Yusfarizal Yussoff and Majdah Muda, and the Selangor state government was
represented by Selangor state legal adviser Datuk Salim Soib @ Hamid and
assistant state legal adviser Husna Abdul Halim.
SIS
executive director Rozana Isa and SIS founding member Zainah Anwar attended the
Zoom session today, while Md Rasyid Ridha also attended as a representative for
Mais.
What
the Court of Appeal decided today
In
brief, here’s what the Court of Appeal’s majority decision read out by Che Mohd
Ruzima today decided:
The
Court of Appeal said it was bound by the Federal Court’s 2022 decision in a SIS
Forum case which challenged the constitutionality of Section 66A of the
Administration of the Religion of Islam (State of Selangor) Enactment 2003.
In
that case, the Federal Court had decided that only the civil High Court has the
jurisdiction to hear and decide on judicial reviews and also ruled that Section
66A — which attempted to give the Shariah courts the power to hear judicial
reviews — was invalid as it went against the Federal Constitution.
“With
that, this court is bound to that decision, which found that the Shariah courts
have no jurisdiction to hear judicial reviews,” the judge said.
But
Che Mohd Ruzima went on to say that some of the matters in SIS Forum’s case
today should be decided by the Shariah courts instead of the civil courts, and
gave the view that a fatwa cannot be challenged through judicial review.
In
deciding whether the civil High Court has the powers to hear and decide on SIS
Forum’s judicial review application, Che Mohd Ruzima said it must first be
decided whether the civil High Court has jurisdiction to hear on the core
issues of the case.
Che
Mohd Ruzima noted that the Selangor fatwa committee is given powers under
Section 47 of the 2003 Selangor law to prepare a fatwa on any “unsettled or
controversial question” relating to hukum syarak (Islamic law), and said that
this meant fatwas are under the Shariah courts’ “exclusive jurisdiction” due to
fatwas revolving on matters based on Islamic law.
Arguing
that SIS Forum’s judicial review application directly disputes the Selangor
fatwa committee’s views regarding matters relating to hukum syarak or Islamic
law, Che Mohd Ruzima said the respondents had testified that liberalism and
religious pluralism deviates from “akidah” (creed) and “syariah” (Islamic law)
in Islam.
“Matters
relating to akidah and syariah of the religion of Islam is certainly only under
those whose expertise is in hukum syarak; therefore, we find those matters
should be disputed in the Shariah courts, not in the civil courts,” he said.
The
judge also said the fatwa is “dynamic” in nature as the Selangor fatwa
committee can amend, modify or revoke the fatwa which is regarding its views
about SIS Forum.
“This
means the applicant can at any time apply for the respondent to review, if it
can be proven their philosophy does not amount to liberalism and religious
pluralism beliefs which are found to have deviated from the true teachings of
Islam,” the judge said, referring to SIS Forum as the applicant.
“Based
on those reasons, we are of the view that the gazetted fatwa is not final in
nature. With that, we are of the view that a fatwa is not something that can be
challenged through a judicial review,” he said.
But
even if the Court of Appeal accepts SIS Forum’s arguments that its challenge
was on the procedure in which the fatwa was made and not regarding hukum
syarak, the judge said the majority ruling still views SIS Forum’s appeal to be
without merit due to those reasons.
As
for the Federal Court’s 2022 judgment in SIS Forum’s case which said the
professing of religion can only be done by natural persons or a human being
instead of artificial persons, Che Mohd Ruzima viewed the remarks to be “obiter
dictum” or remarks made in passing in the challenge against Shariah courts
being given powers to hear judicial review.
One
of the key issues in this case is whether the 2014 fatwa applies to SIS Forum
which is a company, with its lawyers having argued that it could not profess the
religion of Islam as it is an artificial person, based on the Federal Court’s
decision in a 1998 case and the Federal Court’s 2022 decision.
The
Court of Appeal instead focused on the “philosophy” which it said SIS Forum
would be able to hold.
Among
other things, the Court of Appeal judge said the Selangor fatwa committee’s
views regarding practices and laws in Islamic teaching are not related to the
professing of religion, and went on to say that SIS Forum (Malaysia) Berhad
which has a mission for its establishment would also be able to have
“philosophy” and beliefs.
The
judge said that SIS Forum’s philosophies can be shown through activities held,
and that suitable action can be taken under the law if the philosophy and
activities held by SIS Forum goes against any law.
The
judge then concluded that this means that any issues relating to whether SIS
Forum can profess religion does not arise in this case.
The
Court of Appeal’s majority decision was also of the view that the Selangor
fatwa committee had complied with the procedures under Section 48 of the 2003
Selangor law when it issued the fatwa against SIS Forum.
Che
Mohd Ruzima said the Selangor fatwa committee did hold a dialogue with SIS
Forum and viewed that such a dialogue gave SIS Forum space to state its vies
about philosophy can manifested its right to be heard before the fatwa was
issued.
But
even if the dialogue is viewed as being insufficient for SIS Forum to exercise
its right to be heard, Che Mohd Ruzima said the majority of the panel’s judges
were of the opinion that the procedure of making a fatwa itself does not
require a right to be heard to be given to SIS Forum, and that the Selangor
fatwa committee’s duty is only to give its views on SIS Forum’s philosophy.
“The
first respondent (Selangor fatwa committee) only gave views on the current
philosophy of the first applicant (SIS Forum) and its members that were
expressed through writings and opinions. With that, we view that in such a
situation, there is no need for the right to be heard to be given,” the judge
said.
The
Court of Appeal’s majority decision was also of the view that SIS Forum had
failed to show that the 2014 fatwa issued by the Selangor fatwa committee was
ultra vires or had gone beyond its powers under the 2003 Selangor law.
The
Court of Appeal agreed with the High Court decision which said the 2014 fatwa
had not gone against the Printing Presses and Publications Act’s (PPPA) Section
7 and the Communications and Multimedia Act’s (CMA) Section 3(3).
The
Court of Appeal said the High Court was not wrong to say that the 2014 Selangor
fatwa only makes publications with liberalism and religious pluralism forbidden
and does not give the Selangor fatwa committee to seize such publications, as
the power to prohibit publications is still in the hands of the home minister.
The
Court of Appeal also agreed with the High Court’s views that the Selangor fatwa
committee merely asks the MCMC to block websites and does not give itself the
power to do so.
The
Court of Appeal went on to highlight that the Selangor 2014 fatwa only states a
prohibition on liberalism and religious pluralism beliefs and only requires
individuals to repent and return to Islam, and does not involve matters such as
physical punishments.
The
majority decision also ruled that the 2014 fatwa did not go against Article 5
and Article 8 of the Federal Constitution.
In
short, the majority decision in the Court of Appeal agreed with the High Court
that the civil High Court has no jurisdiction to hear and decide on SIS Forum’s
challenge.
What
the dissenting judge said
As
for Court of Appeal judge Gunalan, he was of the view that the High Court
decision was incorrect and that SIS Forum should succeed in its appeal.
Regarding
the High Court’s 2019 decision that civil courts have no jurisdiction to hear
SIS Forum’s case due to Section 66A of the 2003 state law, Gunalan said this
was no longer an issue as the Federal Court in its 2022 landmark decision had
already unanimously struck down Section 66A as invalid.
He
focused on the five key issues in this appeal, with the first issue being
whether the Selangor Islamic bodies lacked the powers to make the 2014 fatwa as
SIS Forum is a company and not a person professing the religion of Islam.
The
four other key issues are whether the fatwa was ultra vires or went beyond the
2003 Selangor law and whether it violated the PPPA and CMA and the Federal
Constitution’s Articles 5, 8, 10, 11 and whether it had breached the rules of
natural justice.
For
these five key issues, Gunalan said he would comment on only the first matter,
which he said was enough to have the case decided in SIS Forum’s favour. He
said he would comment on the four other matters in a full judgment if there is
an appeal.
Highlighting
the Federal Court’s 2022 and 1998 decisions stating that only natural persons
or human beings could profess or declare a faith, Gunalan emphasised the
doctrine of “stare decisis” — where courts should follow binding precedent of
previous decisions — as being an important part of Malaysia’s judicial system.
“It
is particularly so when the apex court has come to final determination on
constitutional questions of great significance which are squarely in point with
the present appeal and grounds to challenge the decision of the High Court. On
this point, I am unable to agree with the view of the majority that the
pronouncement was merely obiter and need not be followed in this case,” the
judge said.
In
other words, Gunalan disagreed with the two other Court of Appeal’s judges’
views that the Federal Court’s 2022 judgment which said artificial persons —
which would cover companies like SIS Forum — cannot profess a religion was only
a passing remark, and viewed that it should be followed by the Court of Appeal
in today’s case.
Previously,
SIS Forum had argued that the Selangor fatwa committee could not issue and
gazette the fatwa as SIS Forum as an incorporated company could not embrace the
religion of Islam.
In
commenting on the first key point, Gunalan again cited the Federal Court’s 2022
decision which also adopted the Federal Court’s 1998 decision which held that
companies — like SIS Forum — are not capable of professing any religion.
“This
is where the importance of the SIS Forum decision comes into picture. The
Federal Court in that landmark decision unequivocally and without any
reservation held that the respondents had no jurisdiction at all over
artificial persons like a limited company established under the Companies Act
or any corporations,” the judge said.
Agreeing
that the High Court judge had erred when deciding the Selangor Islamic bodies
could issue the 2014 fatwa against SIS Forum, Gunalan said the High Court was
also wrong to lift the corporate veil to show that the company’s directing
minds are Muslims.
“In
my considered view and with respect, the learned judge had no basis in court to
lift the corporate veil on the first appellant (SIS Forum) and make a finding
that the controlling minds of the first appellant (SIS Forum) are Muslim and
therefore the company itself could be considered as professing the faith of
Islam,” he said, viewing the High Court’s approach to be incorrect in law.
Based
on the Federal Court’s 2022 decision, Gunalan also said the 2014 fatwa against
SIS Forum should definitely fall outside the scope of matters falling within
the states’ jurisdiction in the Federal Constitution — where the state has
powers over a list of matters involving “persons professing the religion of
Islam”.
“I
would conclude that at this juncture on this ground alone, among others, we
should hold that the learned judge had erred in law in deciding the appellants’
judicial review application should be dismissed,” the Court of Appeal judge
said when expressing the view that SIS Forum’s appeal should be allowed.
As
Gunalan’s judgment is the minority judgment, the majority decision — which
dismissed SIS Forum’s appeal — will apply to this case.
Source:
Malay Mail
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'Blessing
For All Foundation' Documentary Highlights Women's Rights In Islam
13
Mar, 2023
LAHORE
- Blessing for All Foundation will release a documentary about the role of
women in society and women's rights in the light of Prophet Muhammad’s (PBUH)
life and the Quran.
This
will be the second episode released by this foundation, sponsored by Chaudhry
Aurangzeb, to highlight the life & message of the Holy Prophet (PBUH) and
the teachings of Islam.
The
first episode of this series introduced Holy Prophet Muhammad PBUH to the world
as the greatest messenger of peace after the publication of blasphemous
caricatures in France and Denmark. This, second episode, about women, will be
released in the coming Ramadan.
Chaudhry
Aurangzeb, who is a real estate tycoon, and PTI leader from Okara is the
chairman of this foundation. It was founded with the help of poet/ play writer
Amjad Islam Amjad (late), Major (r) Rafiq Hasrat and the founder of the Akhuwat
Foundation, Dr Amjad Saqib.
This
foundation produces documentary films, short films, public service messages,
TVC, and advertisements and creates all forms of print, audio and video
productions about the Holy Prophet (PBUH) and Islam. It is produced by
director/ creative head Ali Zeeshan Amjad.
The
episode of this series was released on social media in December 2021, and since
then it has been translated into seven languages and has been viewed millions
of times.
The
first episode was primarily targeted at those who are unaware of the
compassionate teachings of the prophet Muhammad PBUH. The second episode is
under production.
Source:
Daily Pakistan
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Transgender
Mother Performs Her Daughter's Kanyadaan In This Unique Indian Wedding
MARCH
13, 2023
Marriage
is a special day in everyone’s life. A woman’s wedding day is currently making
news because of a unique twist it gave to a traditional ritual. A transgender
mother in Haryana performed her daughter’s Kanyadaan (bride’s farewell); and
seeing this, people got emotional. Even though she is not her biological
mother, she raised a girl named Jannat since she was a child, and then got
married with great fervour. The mother took care of all the responsibilities,
from the bride and groom’s jewellery, and reception, to food.
The
girl’s mother expressed surprise that she had never thought her daughter would
be married with such fanfare. Later, while hugging her daughter, the mother
began to cry. Then she said to a media portal that all she wants for her
daughter is to be happy and to have a happy married life. The transgender woman
also claimed that Jannat has lived with her since childhood. She loves her as
much as a mother loves her daughter. As a result, she arranged a lavish wedding
for Jannat. Seeing this unusual wedding, many were surprised but loved the
effort and bonding.
Well,
this is not the first time, earlier a transgender community took another unique
initiative. They took the marriage responsibility of five Hindu and Muslim
daughters from poor families.
According
to reports, the head of a transgender community named Nettu Bai — who has been
organising such weddings every year since 2012 — got ten women (from poor
families, whose parents were unable to afford to marry them) married. In
addition to paying for their weddings, the group also provided decorations,
attire, and food for the guests. Nettu Bai, more commonly referred to as
‘mausi,’ was elected in November 2014 to serve as the corporator of Bharatpur
(Rajasthan) Municipal Corporation’s ward 29.
As
a social worker, Nettu Bai has worked her entire life to help girls from poor
families. Throughout her career, she has planned marriages for more than 60
poor Hindu and Muslim women in her ward. Nettu Bai makes daily deposits of Rs
4,000 to help organise the annual mass weddings. She claims that she goes to
impoverished families, identifies girls from those families who don’t have the
proper financial background to marry their daughters and then selects ten of
them each year for mass weddings.
Source:
News18
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URL: https://newageislam.com/islam-women-feminism/qatari-hurdler-mariam-arab/d/129320
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