Muslim women still facing long hard climb

NST Online » Focus
2009/02/22

Muslim women still facing long hard climb
ANIZA DAMIS

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Though the Musawah — Global Movement for Equality and Justice in the Muslim Family — conference has ended, in reality, things have only just begun. ANIZA DAMIS looks at what’s been achieved so far, and what needs to be done

THE way that Muslim women have to battle their societies to demand for equality and justice these days, one could be forgiven for thinking that equality and justice for all is an alien concept to Islam.

And even though that is how Islam is viewed by some non-Muslims, and even though some Muslims view concepts of equality and justice as "foreign" or "Western", the reality is that it was Islam that set women free, more than 1,400 years ago.

When Islam arrived in Arabia in the 7th Century A.D., it prohibited the killing of girl babies (female infanticide), which had been a widespread practice until then.

In fact, through the Quran, Islam introduced what is considered the most feminist laws of that age. Women were able to say:

I am equal before the eyes of God

I have the right to own property

I have the right to inherit property

I can sign my own contracts

I can choose my own husband

I can't be forced to marry against my will

I can write a marriage contract and impose conditions on my husband-to-be

I have the right to divorce my husband

I am entitled to dignity and respect

I am entitled to an education

I have the right to think for myself

I have the right to lead my people to the right path

However, what is given by God can easily be taken away by man's traditional and cultural practices.

Which is why, 1,400 years later, Muslim women are struggling to restore each and every one of the rights mentioned above. And what they are battling is largely a battle against perception and ignorance of the religion.

Women are not seen as being equal, or having the right to be treated as equals and given equal opportunities.

Not all Muslim women are allowed to own property, or inherit property. In the farming communities of Tunisia, for instance, although it is the woman who works the land, she has no claims on that land.

In some parts of Indonesia, although land is bought from money by the woman, culturally it is unseemly for the woman to be the one whose name is on the title deed. So, instead it is her husband who owns the land, even though he didn't pay for it.

And though men and women are supposed to be equal, inheritance laws in many Muslim countries deny a woman from inheriting at an equal par to a man.

In some countries, women are not allowed to sign their own contracts, and this then excludes them from so many aspects of public and economic life.

Thanks to the wali system, a woman has to seek permission from a close male relative to marry, instead of making that decision for herself. Often, whether she marries or not, and to whom she is married, is completely out of her hands.

The practice of the marriage contract and the right to impose conditions on the would-be husband is not often practiced, and many women do not even know that, not only is this a right, but it is a desirable thing for a woman to have.

In many countries, a woman's right to divorce her husband is conditional upon her being able to prove that the husband is worthy of being divorced, and the woman has to then pay him to obtain her freedom.

Not all Muslim countries allow their little girls to go to school; and even if they do, this is only until the girl reaches a suitable age of marriage, upon which she is expected to forgo her education for her marriage.

And, even though both men and women are enjoined to read the Quran, when women try to interpret the Quran, they are challenged on their interpretation and their religious credentials (or lack thereof) are questioned. The same standard of credibility is not asked of men.

Of course, Malaysian women are considerably luckier than their counterparts in some other Muslim countries as well as in minority Muslim communities in non-Muslim countries.

Here, women can vote, can study up to post-graduate level (and in fact, at the undergraduate level, female students make up more than 60 per cent of the undergraduate student intake), and can buy cars and houses and properties from the money that they earn from having jobs, and hold outright ownership of them.

Women can drive, go to work, and hold any job or position to which she is qualified.

However, by dint of the fact that a woman has to go through an intermediary at marriage - that is, the wali (a male family member who represents her) - means that she still cannot choose her own husband or decide whether or not she wants to get married.

[In Islam, there are only three conditions that have to be met for a marriage to be legal: Both the bride and groom have to consent to the marriage; the groom has to pay the mahr to the bride (dowry - more commonly known in Malaysia as mas kahwin); and the nikah (solemnisation of marriage) has to be witnessed by two Muslims of upstanding character].

So, although it is true that Malaysian Muslim women are far more advanced in many aspects of public life, the reality is that a woman who, in her professional life, is capable of bearing the greatest responsibilities, is not considered wise enough to choose her own husband and decide on the direction of her own future.

Take Tourism Minister Datuk Seri Azalina Othman Said, for instance. She is a member of Cabinet, represents the country in all things related to tourism - including negotiating and signing contracts and memoranda of understanding - and is politically on the Umno supreme council and contributes to determining the direction of the party and the country. She is 46-years-old.

And yet, if this formidable minister were to decide to end her days as a single woman, that decision would have to be made through an intermediary - a brother or uncle. Suddenly, this intelligent woman, who has two law degrees and was a partner in the largest law firm in the country, is considered too stupid to be responsible for her own life.

If that is true, was it wise for us to make her a national leader?

Obviously, Malaysia still has some distance to go as far as fulfilling Allah's promise to the Muslim Ummah (community) is concerned.

The ground regained so far in Muslim countries around the world:

• Equality between spouses enshrined in Turkey's Constitution and Civil Code - 2001

• Morocco's Family Law recognises equality of men and women - 2004

• Polygamy prohibited by law: Tunisian Personal Status Code - 1956

• Wali not a marriage requirement: Gambia, Turkey, Uzbekistan, Kyrgyz Republic, Pakistan, Bangladesh, Tunisia, Morocco

• Minimum age of marriage at 18 or above for both men and women: Bangladesh, Morocco, Algeria, Kyrgyz Republic, Turkey

• Saudi Arabia: Forced marriages are against Islam - 2005

• Domestic duties give women the right to claim matrimonial assets: Malaysia - 1984

• Iran: Women divorced without fault are entitled to wages for housework - 1992

• No divorce outside the courts: Tunisia, Iran, Algeria, Indonesia, Morocco

• Women's right to divorce expanded in Pakistan - 1967

• Egypt: Women may divorce on grounds of incompatibility - 2000

• Custody and Guardianship: Parents have equal rights - Tunisia, Turkey, Gambia, Senegal

• Morocco withdraws reservations to CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) - 2008.