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UN Commission on the Status of Women - Session 59 - Panel

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

March 11, 2015 – NYC

 

Speech of Sheikh Abdel Halim Sharara*

 

In the name of Allah the most gracious, the most merciful

 

Praise be to Allah 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 so 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, Islam in particular in all of its ranks. This prohibition covers security, military, political, 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. In addition it also prohibits moral violence, that threatens the person in his dignity, and physical 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 also prohibits 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 damage 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 this religious truth stems the role of a cleric in general, and that of a religious scholar in the Muslim community in particular, in facing violence and refusing it categorically in all areas in general, and the two most important of which are: domestic violence and violence against women, as the two areas of the most influence and the most affected in the formation of the cultural phenomena and the shaping 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 remaining 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 away from authority regardless if he is in agreement or 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 may also replace the authority temporarily in the event 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 into the civil society rather than keeping him in an obverse position to it, he starts culturally building the society on the basis of faith and its virtuous values. This promotes individual and public behaviors that comply with legislations. This goes in pair of course with his role in orienting the networks of relations and interests in harmony with the faith of society, its values, and culture. From this wide angle, the religious scholar challenges violence in general, domestic violence, and violence against women in particular, because he is the most qualified to use the pedagogical 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 to interact with. In gaining understanding of the thought of the Muslim community it becomes indicative that the scholar’s role is essential; it cannot be ignored or forgotten in any reform process aiming at extracting any form of violence in both the Muslim society and the human society in general, especially 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 of 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 taught by the prophets on one hand, and the individual application of these concepts, customs and traditions by societies associated with the religion, on the other hand has led to wrongful practices that have negative consequences and repercussions on religion, its process, and its implementation. This fact puts religion in a position of wrongful accusation, prompting religious scholars to take the position of defense, consuming their efforts, instead of fully focusing on producing an educational and structural discourse inspired by the nobility of religion, its human depth, and divine 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 occupied by minor wrangles resulting from putting the blame on religion and religious leaders for the acts of some followers of the religion?

 

2- The flaw occurs in distinguishing between the real scholars and the pretentious intruders impersonating this trait who are undeserving of it, because the recognition as scholar is far from applying to them simply because they do not meet the required level that qualifies them to bear such a title. This category of people that attribute 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 the values set forth by religious legislations. 

 

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

 

3- The ambiguous approach, with which the humanitarian and international organizations tackle the issues of human rights, children, domestic violence, violence against women and others, 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 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 exclusionary ambiguous trend in approach to religions and work on launching study programs and dialogue plans aiming at reviewing religious values and concepts in a way that leads to purifying them from the visionary projections and the inspiration of historical practices based on customs and traditions and concepts that are not 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.

 

The role of Religious Leaders and Religious Scholars was successfully tried in practical experiences coordinated by “Abaad” association in Lebanon. The experience started with the regional round table held on the 9th and 10th of November 2012, under the title “Religious Leaders, What Role do They Have in Ending Violence Against Women” which followed the seven-month long dialogue sessions during which the problem 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 succeed in their endeavor. 

This experience has gained a great value considering the practical and realistic results that it lead to and that can be summarized as follows:

 

1. That experience has created a framework for serious dialogue between clerics and religious scholars, lawyers / lawmen and women's organizations, each from his position and vision, this framework should serve as a model for communication and interaction on more than one level.

 

2. This dialogue led to the discovery of areas of intellectual and juristic intersection in all topics that were a subject for dialogue and discussion, it was a vague and opaque area, has led to the congruence of opinion at times and convergence in vision at others, after discord and disparity were in dominant position.

 

3. That experience formed a milestone that cannot be overlooked at any human discussion or activity that may come up in a society with faith, creed and culture. This form of testing helps to get away from the exclusion, which leads to a collision between the prevailing thought and newcomer thought, paving the road for a positive interaction between the visions and perspectives produced by the human experience on one hand and visions and perspectives that were established by religious messages on the other hand, without causing a cultural crisis or social confusion.

 

4. This experience took place in a diverse multi-stripes and creeds community that is the Lebanese community, which constitutes by its particularities a model that had its uniqueness, and a reality that can be built upon. And it is not strange for the Lebanese community to give an advanced civilizational contribution through the production of such realistic experiences that are worth studying and emulating.

 

In conclusion, the role of religious scholars expect all activists in the world, individuals, and organizations alike to work on positive and productive assessment, to mobilize all efforts and capacities and to remove all hindrances and obstacles in order to establish a better world encourage human growth and success.

Thank you.

 

 


*Sheikh Abdel Halim Sharara

Counselor at the Higher Jaafari Religious Court- Lebanon

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