November 06, 2024 | |
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topic: | Women's rights |
tags: | #Sharia law, #women's rights, #Masha Amini, #gender equality |
located: | Saudi Arabia, Afghanistan, Iran |
by: | Nour Ghantous |
Islamic principles govern the legal system in countries where Sharia law holds sway. While it dictates various aspects of life, including personal conduct, family matters, criminal law and economic transactions, its implementation disproportionately impacts women's rights and freedoms in several countries.
Sharia law varies in interpretation across different countries, leading to unique legal systems with varying degrees of severity.
In some countries, it has become a tool to perpetuate inequality and restrict women's freedoms. The system made headlines recently in Afghanistan when the Taliban banned women from “hearing other women’s voices.”
But where is Sharia law particularly harsh on women? From restrictions on education and employment opportunities to limited access to healthcare and denying fundamental human rights, these countries present a stark reality for millions of women.
In Saudi Arabia, women's lives are closely monitored and regulated through the implementation of Sharia law.
Though the government scrapped the infamous driving ban for women in 2018 following the successes of the Women To Drive Movement, the proportion of women on the road stood at just 2 per cent two years on, according to an Uber and Duke University study.
The driving reforms, which came with other significant moves such as allowing women to obtain passports, work and live alone without a husband, have been dismissed as window dressing by activists.
"We have more and more women in prisons, either for not wearing abaya or, you know, for dancing in public or for tweeting their opinions, whatever the subject, even on unemployment," Lina al-Hathloul, head of monitoring and communications for the rights group ALQST, told France 24.
Two years ago, the Saudi government enacted the male guardianship system into law despite being one of the most deeply ingrained cultural mechanisms for oppressing women.
Entitled the Personal Status Law, the regulation requires women to obey their husbands in a "reasonable manner" and to obtain permission from their male guardians to marry, divorce or have custody of their children.
Under the law, the husband's financial support is expressly contingent on his wife's "obedience," and she can lose her right to such support if she refuses to have sex with him without a "legitimate excuse."
Women must also move to or live in the marital home or travel with their husband if he so desires. The law further states that neither spouse may abstain from sexual relations or cohabitation without the other spouse's consent, implying a marital right to intercourse.
The Saudi government enshrined this system into law in 2022, and to further twist the knife, on International Women's Day.
More recently, rights groups expressed outrage at the UN’s decision to appoint its Saudi Arabia ambassador to helm the world body’s Commission on the Status of Women (CSW), describing the kingdom’s record on women’s rights as “abysmal.”
Despite their active participation in education and the workforce, Iran's enforcement of Sharia law poses significant challenges for women.
As in Saudi Arabia, a male guardianship system governs women in Iran, requiring women to obtain permission to marry, divorce, get custody, inherit and even travel abroad. The legal age of marriage is 13, and girls can be married even younger if their male guardian deems it appropriate.
The enforcement of dress codes, particularly the mandatory hijab (headscarf), has been a contentious issue in Iran. Women who choose not to wear the hijab or wear it loosely risk facing fines, arrest, or even imprisonment, and those who advocate for greater gender equality often face harsh persecution.
In September 2022, 22-year-old Iranian activist Mahsa Amini died from injuries she sustained at the hands of Iranian forces, who arrested and tortured her for wearing her hijab incorrectly. Her untimely and unjust death sparked mass protests, during which authorities detained tens of thousands and killed hundreds of Iranians, including children.
A year later, Iranian women's steadfast refusal to comply with hijab laws afforded them a small win: Iranian authorities announced an intention to review the hijab law and eliminate the "morality police."
Though physical punishments are now banned, Iranian women now must withstand surveillance technology installed by their government to identify those without hijabs. Additionally, a law that came into effect in April 2023 fines women without a hijab up to 30 billion Iranian rials (USD 60,000) and revokes their driver's licences, passports and internet access.
The new regulation obliges shop owners and other businesses to enforce the rules.
Iranian women remain steadfast in their defiance. Last week, a young female student from the Islamic Azan University in Tehran publicly undressed on campus.
A video circulating on social media, shared by Amnesty International, shows a woman seated outside the university, dressed only in her underwear and with her hair uncovered.
She gestures toward her fellow students, many of whom are women wearing headscarves, before walking around the campus.
In another clip, she is seen walking along a road in the same state of undress when a group of men surround her, force her into a car, and drive away.
Amnesty reported on that the woman had been “violently arrested” on 2 November after protesting the “abusive enforcement” of the dress code at Tehran’s Islamic Azad University.
The woman’s whereabouts remain unknown.
Between 2001 and 2021, Afghan women had begun to recover from a gruelling Taliban rule that US troops had ousted. But the Taliban swiftly snatched its power back when the United States withdrew its final troops in 2021 following a peace agreement with the militant group.
The situation for women and girls in Afghanistan is now dire. In two years, Afghanistan's legal system has once again become deeply rooted in Islamic law.
With the Taliban requiring women to be always accompanied by a male relative when outside their homes, Afghan women are severely restricted in what they can do. As a result, they face significant social and cultural barriers to participating in public life, along with severely diminished access to healthcare.
Women are also barred from school, working outside the home, and working for NGOs.
In addition to these obstacles, women continue to confront various challenges, including forced marriage, child marriage, honour killings - where individuals are murdered due to perceived damage to a family's honour - and violence. Despite widespread, albeit short-lived, media criticism, the ruling group's reign of terror against women persists.
Afghanistan's bid for United Nations recognition has presented a significant avenue for the international community to advocate for women's rights. By utilising its position, rights advocates are pointing out, the UN can leverage its recognition as a bargaining tool to ensure fundamental rights and freedoms for women in Afghanistan, such as access to education.
Gender equality under Sharia law is oxymoronic and challenging at best, but the efforts of women's rights activists, legal reforms and increased awareness offer hope for a more inclusive and just society for women in these countries and beyond.
Understanding and platforming women's experiences in these societies is necessary for advancing positive change.
Image by Joel Muniz
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