International
Women’s Day 2014 celebrated with a conference in Tripoli (Photo: Sami Zaptia).
Tripoli, Libya, 11
March 2014: During the International conference, “Women’s Issues: Towards a
contemporary Islamic Ijtihad “, participants discussed the importance and
significance of issuing a declaration that springs from cognitive and cultural
grounds, and asserts legitimate rights of women in Muslim-majority societies.
The conference
organized by the Bibliotheca Alexandria, Egypt, in collaboration with a
number of civil society organizations during the period 10 – 11 March, 2014,
maintained that participants produce a declaration that meets women’s
aspirations for justice and equality, and acknowledges their creeds and cultural
diversity.
This Declaration is
grounded on the sublime principles of Islamic Sharia, along with some genuine
Ijtihad-based efforts, the rich sessions of the conference and the additional
commentaries issued by a number of senior Sharia scholars in the Muslim world.
It is also the joint
fruit of discussions that took place under the auspices of Al-Azhar Al-Sharif
involving a number of Egyptian feminists and representatives of civil society
institutions concerned with women rights.
Moreover, this
Declaration includes fundamental principles and common denominators for social,
economic, political and cultural rights in a manner that fits Muslim
communities, and allows them to deal with women issues according to their
different cultures, economic, and political conditions.
The declaration thus
embraces the following issues.
Premises:
1-The total rejection of
the politicization of community issues or the exploitation of women’s issues in
the political struggle among the various societal powers. Therefore, the document
calls for the necessity of addressing women’s issues through nations’ and
communities’ genuine needs and authenticated religious and scholarly knowledge,
and social field studies.
2-Stressing moderate
values that are characteristic Islamic culture and its offshoot familial
culture, and that are far from religious and cultural extremism and
parochialism, which negatively bears on the set of family relationships,
family’s social and worldly choices, and hampers development and proper social
change.
3-The belief in equality,
in terms of human soul, spirit, dignity, and joint responsibility for the
universe, is an essential concept in the man-woman relationship in Islam.
4-Ensuring that
legislations related to women be of a harmonic and sympathetic societal rather
than conflicting nature. This will serve to protect individual rights for the
entire community, and on top of it are the individuals within the family,
without differentiation. This is to be observed on condition of guarding the
interest of the child, being the one having top priority in the development of
such legislations.
5-Tending to assert women
participation in public fields, and maintain equity between her and men in
terms of dignity and human capacity, and prohibit viewing women in light of her
bodily functions only.
Women’s rights and duties
First: Women’s human and
social value.
• Women status in Islam
is based on equity between men and women, in the sense of their human nature,
and as members in their communities and nations.
• The relationship
between man and woman is built on joint responsibility, where priority and
preference are judged against the criterion of the word of truth and justice,
since Almighty Allah (Exalted is He) says, “The believing men and believing
women are allies of one another. They enjoin what is right and forbid what is
wrong and establish prayer and give Zakah and obey Allah and His Messenger.
Those – Allah will have mercy upon them. Indeed, Allah is Exalted in Might and
Wise” [At-Tawbah: 71.(
• Indeed, the principles
of equality and joint responsibility, being the basis for understanding the
relationship between the two sexes, and entrenchment of it in the nation are
established through clear-cut Qur'anic verses, and therefore it is
impermissible to either distort or restrict them.
• The relationship
between man and woman in Islam is one of inextricable organic and functional
integration, and this is best manifested through the Glorious Qur'an's
establishing a fixed and constant term in reference to the two sexes, namely
"the two spouses".
So, a wife is a spouse,
just as a husband is a spouse too. And though it acknowledges diversity, the
term - in the meantime - establishes a relationship of integration, and
therefore it is sort of diversity that is not liable to dissolution or
dissonance.
Rather, its basis is
correlation and integration. Such organic and functional integration should not
be a means to deprive the child, male or female, of equal opportunities in
terms of its upbringing.
• If equality in terms of
the human soul, spirit and dignity, and in terms of sharing responsibility for
building the universe, represent essential concepts in the man-woman
relationship in Islam, then the concept of guardianship [Qiwamah] assets wise
responsibility.
It also denotes
“financial commitment towards the family”, and means that a husband undertakes
providing the wife with her moral and material needs, in a manner that ensures
satisfying her needs and providing her with a sense of tranquility and
reassurance.
This is meant to maintain
man-woman shared responsibility, and not to establish an absolute authority of
men (either husbands or fathers) for predominance over the wife and the
children.
• Woman has the right to
life, dignity, free choice and fair treatment. She – as a human being – is also
entitled, rather bound – to properly invest the human moral and material
capacities bestowed on her by Almighty Allah, knowing that she will be called
to account for it on the Judgment Day. Besides, the state – being an embodiment
of the nation’s will – is required to facilitate that and pave the way for it,
for both men and women alike.
• A Muslim woman is a
founding agent in the “social contract”, according to which the Muslim nation
is founded, through what is known as the “Women’s Pledge”, that was taken at
the early stage of Islamic Da`wah.
Such pledge was then
propagated and turned into the a basis for the common pledge between the
Messenger (peace be upon him) and the rest of the Muslims, in line with Almighty
Allah’s (Exalted is He) saying, “O Prophet, when the believing women come to
you pledging to you that they will not associate anything with Allah, nor will
they steal, nor will they commit unlawful sexual intercourse, nor will they
kill their children, nor will they bring forth a slander they have invented
between their arms and legs, nor will they disobey you in what is right – then
accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is
Forgiving and Merciful” [Al-Mumtahanah: 1)
• Finally, women have
economic and political rights equal to that of men, given that the development
of economic and political fields, functions, systems and roles mostly occur
within the circle of Maslahah Mursalah, that is neither approved nor abolished
in the Shari`ah. Then, judgment of controversial issues in this regard is based
on Ijtihad by established scholars, in terms of interpretation, illustration
and inference of respective rulings. Such a constant historical and cultural
process, in which the woman has the right to participate whenever she has
respective competence and capacity.
Second: Women legal personality
• Women are entitled to
full legal capacity, and have their own independent financial and legal
accountability, and the right to full independent disposition of what they
possess.
• Women have undisputed
legal right to inheritance, and the state is bound to ensure woman's
acquisition of their due share. Besides, scholars, wise men in the nation and
opinion leaders should exert efforts to put an end to unjust mores and
traditions that hamper the implementation of legal texts regarding woman's
share in inheritance, which is described by Almighty Allah (Exalted is He) as
"an obligatory share", and to develop legal guarantees that ensure
it.
• The controversy stirred
over women's share in inheritance, and the attempt to draw on it as evidence to
women's inferiority in Islam is one fabricated by opponents and supporters
alike, due to two points.
The first is that it is
impermissible to infer generalizations relating to woman's personality and
status through particular rulings, like inheritance-related ones, especially
that the Law-Giver (Glorified and Exalted is He) has settled the issue of
women's status and of equality between men and women, through other
uncontroversial, clear-cut texts.
The second issue that
that the wisdom behind legislation is not based on rights alone, but on the
total set of rights and duties. Accordingly, this set grounded on giving a man
double the share of the woman in certain cases of inheritance, is intertwined
with the supposition of man's binding responsibility to fully provide for the
entire family and needy kindred. On the other hand, the woman's lesser share is
coupled with her being discharged from any responsibility for supporting other
family members financially.
All this is an embodiment
of the two values of justice and equality. For, equality does not necessarily
mean similarity or uniformity in terms of particularities and details. Rather,
it means balance in terms of right and duties, as is known in legal principles.
• A woman is competent to
bear witness, though - regarding the details relating to its respective rulings
- it is incorrect to claim that he testimony judged as weighing half of the
man's, because such would represent an arbitrariness in perpetration of and
inference from the Glorious Qur'an. Indeed, the wisdom and default ruling
regarding testimonies in general, is to maintain multiplicity, which guarantees
integrity and wards off collusion, bias or error - i.e. forgetfulness -, that
corrupt testimonies.
Therefore, testimonies in
cases of crimes are more binding on individuals than they are due rights and a
judge may draw on the testimony of a woman or a child in family-related issues.
Third: Woman and the family
• The family is the
foundation and core of the community and it is a contractual, moral and
material entity, which the state and the community should maintain all due
measures and facilities that support and protect it.
• The family is a
contractual entity since it is a volitional relationship established through
agreement. In this regard, the man and the woman have the free will to build or
put an end to the family. Hence, it is founded according to established rulings
in the Shari`ah, as expressed in clear-cut Qur'anic verses, and to the
provision stipulated in the contract, the primary pillar of which is mutual
consent and agreement. Here, documentation is meant to protect both parties’
rights and women rights in particular.
• The family is founded
on participation, consultation, justice, and mutual affection and mercy. And
Almighty Allah (Exalted is He) has ordained that the man provide for the family
as an obligation, given the woman's playing her natural role in giving birth to
and caring for the children. So, spending on the woman and the child is a due
right for them and an obligation on the man. This, however, does not mean
confining the man and the woman to such enacted roles only, since each of them
has several other roles to play.
• The family is
"also" a moral entity sanctified by Almighty Allah (Glorified and
Exalted is He), as He described the bond between the two spouses as a
"solemn covenant". Hence, preservation of the entity of a family is
among the grave tasks that should be maintained and guaranteed by the two
spouses and their kindred, the community, religious and cultural scholars, and
the media and all community and state institutions.
• Still, family
legislation in Muslim communities require more efforts for assimilation of
sound Islamic family-related concepts and values. For, it has become urgent,
due to current circumstances, to reassert it through legislations and through
means of education and instruction. On top of such concepts are affection and
mercy, as a basis for the institution and persistence of the family.
• Almighty Allah (Exalted
is He) has legalized divorce, Khul` and other forms separation as means for
dissolution of marriage in case it becomes impossible to maintain the conjugal
relationship, based on the legal rule that dictates, "But if you fear that
they will not keep [within] the limits of Allah, then there is no blame upon
either of them concerning that by which she ransoms herself” [Al-Baqarah: 229].
Such ordinance is
grounded on mutual agreement and understanding between the two spouses to
terminate the conjugal relationship. Here, it is impermissible for the husbands
to abuse their right to divorce, or to encroach upon the woman’s legally
established rights.
• Indeed, moral and
material care for the children is among the primary responsibilities of the
family, and it is both a right and a duty for the parents as well as for the
entire community. It is also a joint responsibility for both parents, which
they should never cede or neglect. This right is legally regulated in line with
the Shari`ah rules, on top of which comes the child interest, ahead of any
other consideration.
• Indeed, asserting and
highlighting the moral and ethical dimension in family formation, through both
culture and legislations, guarantees bringing the community gradually closer to
the collective objectives of the Shari`ah, since Almighty Allah (Glorified and
Exalted is He) has enveloped such moral dimensions and denotations with a tight
fence of preservation, describing it more than once in His Glorious Book as the
limits of Allah.
• The social importance
of motherhood and the motherhood-fatherhood integration in bringing up the
children and in caring for the family is asserted. This is coupled by affirming
that the role of the woman in giving birth to children should not be a reason
for social discrimination, and that bringing up the child in a balanced manner
requires sharing responsibility by both the mother and the father.
Fourth: Woman and education
• Education is a genuine
right for women that has been both confirmed by holy texts and established by
practice throughout different eras. Therefore, claims that Islam obliges women
to enroll in certain fields of education that match their feminine nature or go
along with their motherhood, stand invalid. Similarly, no proof that Islam
prohibits women from enrollment in certain studies; hence, it is more of
traditional thing than a religious teaching.
• Education is one of
women’s rights, and the state should strive to provide and maintain woman’s
opportunity in education, without discrimination, and girls should be
guaranteed necessary education that refines them both morally and materially
without the family discriminating between boys and girls in this regards.
• Islamic Institutes have
a great role in stating correct Islamic teaching concerning women education,
and acting against restrictive traditions.
Also, they hold the
responsibility of bridging the gap between men and women in the field of
Islamic studies especially Fiqh and Qur’an interpretation, through adopting
special informative projects to prepare qualified women in these fields.
Fifth: Woman and labour
• Indeed, contemporary
realty – in terms of its economic requirements, and as a result of education, –
has compelled women to access employment. Here, joining work is an honest means
of earning living, which is acknowledged in the religion, when it suits the
conditions of the spouses and their children, as long as it is coupled with
preservation of Islamic obligations and proprieties.
• Indeed, woman’s joining
work, in this sense, entails a set of commitments for the community and the
state; the first of these commitments is that work is based on the rule of
justice and equality of opportunities, especially for poor, needy, and
breadwinning women.
This is to be observed by
operation of the principle of care and easement, and not just for the sheer
purpose of equality, to protect families from collapse. Second, work rules should
be facilitated for working women, familial harmony should be maintained
regarding cooperation and collaboration in shouldering material and immaterial
burdens, such as caring for parents and children.
• It is the duty of the
state towards the woman and the child, just as it is towards the man, when the
means to earning living are blocked and in cases of unemployment or disability,
to provide the sufficient levels of education, housing, and decent living;
being an equal duty and a necessity grounded on the logic citizenship rights,
not relief.
Sixth: Woman and personal security
• Islam embraces an
integrated vision for the human body (an all its organs), as a trust and
responsibility – for which one is called to account – before Almighty Allah
(Glorified and Exalted is He).
Unfortunately,
exploitation and aggression, in all its forms – including harassment and all
forms of sexual abuse – against women, was and still is one of the major
tragedies and plagues for humanity throughout history. And if the responsibility
for protection of the human body from obscenities lies on the shoulders of the
individual, it is – on the other hand – the responsibility of the community,
too, especially under the new circumstances.
Rather, it is one of the
legal necessities (preservation of life, faith, honor, intellect and property),
especially when transgression is coupled with the use of force or any of other
strict circumstances. It is also one of the fundamental functions of the state
(preservation of human sanctities.
• Surely, the state
should play its important role through legal legislations that are backed by
the cultural system. It should also incriminate all forms of physical and
sexual abuse of woman, from verbal harassment, through rape, to sex and child
trafficking, in all its forms.
Moreover, it should find
out effective means to achieve this on ground and to feel secure for herself,
in residence and travel. For, such is her human, religious and national right.
Seventh: Woman and public action
• Women have the right to
assume public offices, whenever they have the qualifications required for such
posts, and the state should maintain equal opportunities for both men and
women. Here, it is well-known that qualified women had held public offices
during the early Islamic state, in educational and health fields, etc.
• Women, also, have the
right to join voluntary and service work, as well as public work, in a manner
that fit their own conditions, potentials, talents and personal motives. For,
voluntary work and public work are both rights and duties for men and women
alike, to be achieved through one’s wealth, knowledge and efforts. For, it is a
collective obligation for the entire community.
Finally, women have an
inherent right in the community, and they are entitled to the right – duty – of
offering advice, consultation and fair guardianship. Moreover, they are
burdened with the Trust, and are assigned as a vicegerent on earth, just like
men.
All this compels women to
participate in public action, as voters and candidates, so that they can
communicate whatever they deem sound and proper, in terms of opinions, rights
and public interests, to decision makers in the national community, as it
should be consensual.
Alexandria, Egypt
11-10 March 2014