A Reflective Post

Before I start writing my reflective post, I have to admit that I did not find myself engaged in the presentation by Dr Yaso Nadharajah on Community Development and Microfinance.  There was hardly any learning occurring on my side.  I failed and failed to get my head around the topic.  I did not even realise What PNG stands for until I asked Georgia Murphy (it’s a shame that I did not even ask your name or introduced myself.  Apologies if I am mistaken.  By the way, thanks a lot for letting me use your laptop) who was sitting next to me.  Towards the end of the session few sentences on a slide show caught my eyes –

‘question of emerging importance of Shariah Law, Panchayat…..Local Law’

I wrote a comment “women have got very limited rights in Shariah Law”.

Dr. Yaso replied, Shariah Law actually protects womens rights.  This statement actually fuelled my interpretation, perceived knowledge about Shariah Law.  This is where I started to reflect on my perceived knowledge about Shariah Law.

According to Shariah Law[1]

1.    Banks must be Shariah Compliant and interest is not allowed.

2.    There is no age limit for marriage of Girls under Shariah.  The marriage contract can take place any time after birth and consummate at age 8 or 9

3.    Rebelliousness on the part of the wife nullifies the husbands obligation to support her, gives him permission to beat her and keep her from leaving the home

4.    Women has no right to divorce a husband , even if he is polygamous and a man is allowed to have four wives

5.    A woman loses the custody if she remarries. A muslim woman must cover every inch of her body which is some considered ‘awrah’, a sexual organ.  Some Shariah allow the face to be shown

6.    To prove rape, a woman must have four male witnesses.  Women’s testimony is not accepted.

Afghan law is a combination of Islamic Law, state legislation and local customary law. [2] Custom based traditional attitudes towards women are difficult to change.  Many women in Afghanistan cannot even hope to dream of something even resembling equal rights.[3]  Even though they are allowed to educate themselves, open a business, in reality they face major obstacles.  Women are vulnerable to social norms and their empowerment is often hindered.

The relationship between Islamic law and customary law is complex.

Local customs and customary law continue to have a very prominent role.

In many cases, customary law strictly contradicts Islamic law. This is especially so in cases where women, without their consent, are given into marriage to settle disputes between families. In these circumstances, and as is often the practical reality, the status of Afghan women under customary law is worse than the status afforded to them under the most conservative interpretation of Islamic law[4]. Finally Dr Yaso’s comment makes sense to me.

Now I have started to ponder into other issues

·         How to promote women empowerment with or within shariah Law?

·         Is Shariah law some how contributing to poverty alleviation or women empowerment?

·         How is Shariah obstructing the development?

·         Is there any evidence of community development through women empowerment in the Shariah ruled countries?

MY QUEST HAS JUST BEGUN………………

References

1.      http://islammonitor.org/index.php?id=4050&option=com_content accessed on 30/4/20132.       Otto, Jan Michiel (2009). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Accessed on 30/4/2013 

3.        Anita ,M. Weiss, ‘ Moving Forward with the Legal Empowerment of Women in Pakistan’ http://www.usip.org/files/resources/SR305.pdf Accessed on 30/4/2013 

4.       Otto, Jan Michiel (2009). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Accessed on 30/4/2013