The Aims and Purposes of Sharia

Chebika Oasis, Tunisia. Photo: Flickr, Miodrag Bogdanovic.

Asmah Sultan Mallick is a master’s student in International Public Affairs at the University of Wisconsin-Madison.

Given the revolutions across the Middle East, with countries trying to rebuild and form stable governments better able to serve their people, the topic of sharia law has been a common subject of debate. We’ve even heard about “threats” of sharia taking over areas within the United States.

Putting these perceptions aside, my intention is neither to defend sharia nor delve into how it can or cannot be implemented. Rather, I want to shed some light on its goals.

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On Hitting Wives

Love and Mercy in Arabic

Among the many stereotypes about Islam is that it is oppressive towards women and that it is a rigid and unchanging faith. Often the hijab and covering in general are mentioned  as examples of this oppressiveness. Another example that is used to demonstrate the faith’s attitude towards women is verse 34 in chapter 4 of the Qur’an:

Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband’s) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (next), refuse to share their beds (and last) beat them (lightly); but if they return to obedience, seek not against them means (of annoyance): for Allah is Most High, Great (above you all). (34)

For many, this verse permits men to hit their wives. While it is true one cannot dismiss this verse and must address the issues that it raises, it is equally important to recognize that throughout the history of Islam, discussion, dialogue, and diversity of opinion and interpretation have all be been prominent features of the worldwide Muslim community. This verse, specifically, has sparked and continues to generate discussions in regards to how men should treat women. Continue reading

The Truth About Islam and Female Circumcision

The author is an undergraduate student at UW-Madison.

With Islamophobia growing in the Western world, many Muslims feel it is our duty to “sugar coat” or change the message of Islam in order to make the religion seem acceptable to Western culture. Many of us will take something controversial and try to convince those around us that Islam meant “something else” and that the real message is compatible with American culture. Unfortunately, as so many people begin to make these excuses, some Muslims begin to feel they are true and the original message put forth by the Qur’an is now changed to fit a culture that is not always compatible with the Islamic way of life. One of these topics is that of female circumcision.

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Controlling women is not part of Islam

In Saudi Arabia, there is a movement to put an end to the guardianship system that controls the lives of women. Under this system, Saudi women cannot work, study,travel, or even open a bank account without the permission of their guardian–a man. Opponents of this system, like Wajeha Al-Huwaider, a Saudi women’s activist, argue that it prevents women from carrying out normal lives. Supporters, on the other hand, maintain that the guardianship system is in line with Islamic law and have even gone so far as to launch the campaign “My Guardian Knows What’s Best for Me.”

Arguing that guardianship stems from Islam strips women of the very rights that Islam itself gives them. For example, education is a right for both women and men. A hadith, saying of the Prophet Muhammad, that is often cited is “The seeking of knowledge is obligatory for every Muslim.” – [Al-Tirmidhi, Hadith 74] In this hadith, no distinction is made between women and men.  Also, it is well known that  Ayesha, the wife of the Prophet Muhammad, played a big role in preserving many of the hadiths that directly contribute to our knowledge of him. Continue reading

Child Marriages against Islam

Protestors holding a picture of Fawziya Ammodi, 12 year old who died in childbirth

In 2008, Nujood Ali’s story got headlines around the world. The ten-year-old girl had escaped from her husband, to whom she had been forcibly married, and went to the courthouse and asked for a divorce. Ali was eventually granted her divorce. However, the court asked Ali to pay compensation to her husband because she was the one initiating the divorce.

Under Islamic law, whoever initiates a divorce carries the consequence. So, if the husband initiates a divorce he cannot take back the dowry and must complete payment of it if he has not paid it in full.  If the wife initiates divorce, she must return the dowry to the husband. Unfortunately, the court did not seem to recognize the circumstances of the situation and applied the traditional rules for divorce by asking Nujood to pay. Nujood’s lawyer, though, was able to raise the money.

After her divorce, Ali received fame for her story and was even named one of Glamour Magazine’s Women of the Year. Ali’s story called attention to the practice of child marriages in Yemen. Continue reading

More Bans on the Face Veil

Poster in Italy to ban the niqab and burqa

Poster in Italy to ban the niqab and burqa

The last Inside Islam radio show examined Islamic Feminism. The two guests, Sumbul Ali-Karamali and Areej Zufari, talked about the global movement where Muslim women are going back to the Qur’an to assert their rights. In other words, they are calling for a re-reading of the Qur’an that reflects its true attitude towards the plight of women, where both women and men are addressed by God as human beings. Both Ali-Karamali and Zufari highlighted that what was interesting about this new movement is how inclusive it is and how women’s voices are central to the project. Continue reading

Poetry against Fatwas

Hissa Hilal, a Saudi Arabian contestant on the widely viewed show “Million’s Poet,” is gaining worldwide attention for her poem that she delivered on the last episode. Her poem on the abuses of clerics earned her a place in the final five and a chance at 1.3 million dollars. Hilal, a poetry editor at Al-Hayat newspaper and a mother of four, has gone further than any woman in the competition and delivered her biting critique fully covered. While many are focusing on her clothing, I find her words more significant.

Her poem, written in the Nabati style native to the Arabian Peninsula’s nomadic tribes, attacks clerics who have issued fatwas that reflect an extremist attitude, which is not in line with the core values of the faith. Hilal’s poem focuses on fatwas like that of Sheikh Abdul-Rahman al Barrak, who issued a fatwa for the execution of anyone who says the mixing of sexes is acceptable within Islam. While fatwas are non-binding legal opinions, Hilal asserts in The National that this kind of fatwa reflects “subversive thinking, terrifying thinking, and everyone should stand against it. One should not kill or call for the killing of people only because they do not belong to their system of thought or to their religion.”  Continue reading

Islamic Feminism

The next Inside Islam radio show will air Thursday, April 8th and will focus on Islamic feminism.  While many might consider Islam and feminism to be contradictory, there is a clear global movement that began in the 1990’s in which Muslim women are using Islamic discourse to argue for their rights, gender equality, and social justice.

Islamic feminists seek to transform patriarchal readings of the faith that they argue go against the real message of the Qur’an where there is a clear emphasis on gender equality based on the concept of human beings.  According to Margot Badran, Islamic feminism calls for more gender-sensitive re-readings of verses that are not present in the male interpretations. Continue reading

Caning in Malaysia

Last month, three women were caned in Malaysia for extramarital sex. The Malaysian government said that these canings were carried out under sharia, Islamic law. These women were the first to receive this kind of punishment. Many in Malaysia and in human rights groups have condemned these canings and have called for Malaysia to stop using this kind of corporal punishment.

This story for me raises a number of issues related to Islamic law. First, it raises the question of what exactly Islamic law means for people nowadays. If these women were in fact receiving a punishment in accordance with religious law, is it really possible that all the conditions were met?According to Asifa Quraishi, a law professor at UW-Madison, who was on the Inside Islam radio show Women and Shariah, there are specific conditions that must be met in order for an individual to receive corporal punishment for extramarital sex that include having four people testify that they witnessed the actual act. They also have to concur on all the details.  How likely is it that these three women were seen in this situation? Continue reading

Banning the Face Veil

This past month, Sheikh Muhammad Sayyid Tantawi, the Grand Sheikh of Al-Azhar, shocked many by issuing a ban on students and teachers wearing the niqab, or face veil, in Al-Azhar University or its adjoining schools, specifically in all female settings. Tantawi’s decision to issue this ban stemmed from an interaction that he had with a secondary school student on one of his visits. According to many sources, Tantawi asked the girl why she was wearing the niqab in an all girl classroom and demanded she remove it. He added that niqab is not part of Islam, but is rather a cultural custom. His decree came soon after this interaction that was criticized by many in Egypt. There were then reports from female students who wear the niqab at Cairo University (not affiliated with Al-Azhar) that they were being prevented from entering the dormitories unless they removed their niqab. Continue reading