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Presentation of Sheikh Abdel-Halim Sharara - Lebanon Muslim Religious Leader Representative

 

UN Human Rights Council Session 26 – Panel

 

 

LEBANON RELIGIOUS LEADERS & CIVIL SOCIETY JOIN TO ADDRESS VIOLENCE AGAINST WOMEN & GIRLS

June 17, 2014

Palais des Nations - Room XXIV

Geneva, Switzerland

 

 

 

 

In the name of God the Most Gracious, the Most Merciful

 

Praise be to God who created man of the best breed and offered us his righteous religion.

May His Peace and Blessings be upon His Prophets and Messengers especially the last of the prophets Mohammed and his impeccable family.

 

Violence, i.e. the use of illegitimate power to hurt the other by exploiting or harming him or by limiting his legitimate freedom is prohibited in religions in general and Islam in particular in all its departments and headlines, and its ranks. This prohibition covers security and military violence and political violence, and social violence including domestic violence and violence against women. Religious prohibition of violence does not distinguish between strength and weakness as long as it applies to this definition. It prohibits as well moral violence, that threatens the person in his dignity, and material violence from the least threatening to the one endangering the security or the life of the other.

-           Islam prohibits the use of illegitimate force {Fight them until there is no (more) tumult/misguidance, and the religion be to God, so if they ended/ stopped, so no transgression/ violation, except on the unjust/ oppressive} (Quran, Baqara 193).

-           Islam prohibits as well any gender- based violence  {And when one of them was announced good news of {the birth of} a female, his face becomes dark and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is what they decide} (Quran, Nahl 58-59), {and when the girl who was buried alive was asked for what sin she was killed} (Quran, Takwir 8,9).

-           Islam prohibits any kind of harm to the other “no harm nor damages in Islam” (Hadith).

-           It prohibits coercion and arbitrary deprivation {And do not compel your young women /youths to prostitution, if they desire chastity, to seek {thereby} the temporary interests of worldly life} (Quran, Nur 33), {O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take {back} part of what you gave them} (Quran, Nisa 19).

 

Of these religious truth stems role cleric in general, and religious scholar in the Muslim community, especially, in the face of violence and refusing flatly in all his general circles and in circles hoc most importance and seriousness of domestic violence and violence against women, as the two circles of the most influential and the most affected in formation of  the cultural phenomena and the production of public attitudes.

 

The role of the religious scholar is determined by faith and legislations that constitute the intellectual and cultural structure of the Muslim individual or society. Playing this role is his main religious obligation that expresses his relationship with the Creator, abiding by His rules and being obedient to Him.

 

Allow me here to stop at the use of the term religious scholar, at the Islamic level; the term encompasses the scientific approach that determines the traits of this role and gives it an ethical dimension far from the concept of authority. This is different from the term clergyman that is generally linked to the concept of authority. A Muslim religious scholar is a social position, aiming at caring for and protecting society far from authority regardless if it is in power or in the opposition. This represents an alternative parallel track to the authoritarian political one; both tracks may intersect at the level of social justice that the authority provides, it also may replace the authority, temporarily, in case the latter collapses because of an external aggression or internal turmoil. The religious scholar position, taken from this angle, is not an authority because this position shows an ethical commitment between the society and the religious scholar; thus, no religious commitment leads to the creation of an authority unless it expresses the choice of the society.

 

Based on this position that introduces and integrates the religious scholar to the civil society fabric, far from keeping him in parallel to it, he starts culturally building the society with faith and  its generated virtuous values creating individual and public behavior that comply with legislations. This goes in pair of course with his role in orienting the nets of relations and interest in harmony with the faith of society, its values and culture.

 

From this wide angle, the religious scholar challenges violence in general and domestic violence and violence against women in particular, because he is the most qualified to use the pedagogic and structural speech: for people, he is the most trustworthy and they are keen on accepting what he says; for them, he is the most authentic in society so they interact with him.

 

It is obvious then that the role of the scholar is essential; it cannot be ignored or forgotten in any reform process aiming at extracting violence in general and domestic violence and violence against women in particular. This mainly applies when dealing with human and Islamic spaces, let alone during this very sensitive period of time that the human civilization is going through, a period witnessing a recrudescence of violence at all levels, regardless the reason behind it.

 

Many paradoxes may threaten the role of the scholar, hinder his influence and confuse the interaction with him:

1-      The confusion between concepts, legislations and religious values on the one hand,  and concepts, customs and traditions in religious societies at the level of faith and religious beliefs  on the other hand, resulting from the historic projections that led to a misinterpretation and wrongful practices that have repercussions on religion, its process and its implementation. This fact puts religion in the accused prompting religious scholars to take the position of the defender, consuming their efforts instead of fully focusing on producing an educational and structural discourse inspired by the nobility of religion, its human depth and Godly dimension.

 

Isn’t it time for the intellectual elite and the study centers to distinguish between religion and its followers so that we are able to draft a unifying reformatory discourse inspired by our noble and sacred religion instead of being invaded by minor problems resulting of the acts of some followers of religion and religious leaders are paying the price?

 

2-      The imbalance that occurs in distinguishing between the real scholars and the pretentious intruders, impersonator this trait who do not deserve it because the quality of scholar is way far from applying to them and because they do not meet the required level that qualifies them to bear such a title. This category of people attributed themselves to religious scholars, is a dangerous obstacle to any reform process aiming at facing delinquency in general and violence in particular. The recrudescence of violence today, worldwide, stems from the negative role played by this category of people as a result of their misinterpretation of values and religious legislations.

 

I think it is about time that the religious leaders all over the word take a strict position to condemn these intruders; they need to warn the international and Islamic societies of the danger they represent to international security, peace and social security, including family and women.

 

3-      The confused approach with which the humanitarian and international organizations tackle the issues of human rights, children, domestic violence, violence against women and others. This approach leads in many cases to a confrontation between them and the religious societies. These organizations bypass, criticize or call to ignore religions. This confuses the role of religious scholars in the midst of these confrontations and helps extremism prevail over their highly needed positive influence to correct any signs of delinquency. As an example only, I will note the work method adopted in 1995 by the fourth international conference for women in Beijing that invited countries to “condemn violence against women and stop pretexting customs, traditions or any religious consideration to avoid abiding by its commitment to eradicate it”. The same applies to the March 15, 2013 declaration that faced a great deal of opposition until the part saying “considering the restrictions on sexual freedom and the freedom of being lesbian a kind of violence against women“ was withdrawn. But it has insisted on the need to fight all types of discrimination and considering it as a kind of violence against women without using religions and customs as a pretext.

 

In my opinion, international and humanitarian organizations need to be aware of this trend exclusionary ambiguous in approach religions and work to launch programs of studies and plans dialogue aiming at reviewing religious values and concepts in a way that leads to clearing them of the visionary projections and inspiration historical practices based on customs and traditions and concepts, are not at all linked to religion. These organizations need as well to be very accurate in drafting their decisions and statements based on a new vision that helps to achieve some harmony with the religious values and legislations. This way, scholars will be able to efficiently contribute to the motivation of the religious society in general to adopt the humanitarian concepts aiming at entrenching human rights, namely those related to civil status, intimacy and in particular issues that may be risky for the family and women.

 

This role of Religious Leaders and Religious Scholars was successfully tried in practical experiences coordinated by Abaad in Lebanon. The experience started with the regional round table held on 9 and 10 November 2012 under the title “Religious Leaders, what role do they have in ending violence against women”. Followed, the seven-month long dialogue sessions during which the problematic of violence, domestic violence and violence against women and many other issues related to family and women( custody, guardianship, curatorship, inheritance …) were discussed by many religious leaders, scholars, and legal experts and women organizations.  All efforts and results focused on establishing a future national work program and we hope that Abaad and all participants to the program will succeed in their endeavor.

 

In conclusion, religious scholars expect all activists in the world, individuals and organizations, to work on positive assessment, to mobilize all efforts and capacities and to remove all hindrances and obstacles for a better world and a human being tending towards more perfection.

 

 Thank you.

 

Sheikh Abdelhalim Sharara

Counselor at the Higher Jaafari religious court- Lebanon

Director General for the religious summoning at the Higher Islamic Shiaa Council - Lebanon