New Delhi, Dec. 4: Recognising the right of Muslim women beyond the iddat period under the Family Court Act of 1984 and other relevant legal provisions, the Supreme Court has held that a divorced Muslim wife would continue to get maintenance from her ex-husband if she doesn’t remarry.

Senior clerics, however, say the judgment does not go with the tenets of the Islamic law. The top court said the maintenance claim on a divorced husband could not be restricted to the iddat period, which extends to four months under Muslim law.

 

A bench comprising Justices B. Sudershan Reddy and Deepak Verma gave the ruling on an appeal by Shabana Bano from Gwalior against a judgment of the state High Court, which had restricted the maintenance of Rs. 2,000 to her to the iddat period.

“The appellant’s (Bano’s) petition under Section 125 of the Cr. PC would be maintainable before the family court as long as the appellant does not remarry. The amount of maintenance cannot be restricted for the iddat period only,” the bench observed.

 

The High Court had accepted her husband Imran Khan’s plea that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, passed after the Shah Bano controversy, the woman was not entitled to any maintenance allowance after the iddat period.

The apex court rejected this contention and ruled that under Cr.PC Section 125 and Section 7 of the Family Courts Act, 1984, a Muslim woman can claim maintenance from her husband as long as she has not remarried.

“It is crystal clear that even a divorced Muslim woman would be entitled to claim maintenance from her divorced husband as long as she does not remarry. This being a beneficial piece of legislation, the benefit thereof must accrue to the divorced Muslim women,” the Supreme Court said.

 

Shabana had filed a suit to claim maintenance before the trial court after her divorce and it allowed Rs 2,000 maintenance to her but only for the four-month iddat period. She filed an appeal in the high court, which rejected it and upheld the lower court order. Not satisfied, she filed an appeal in the Supreme Court.

 

Senior cleric Moulana Anwar Ahmad of Jamia Nizamia, a deemed Islamic university, however says the judgement “does not match” with the Islamic law. The Supreme Court has been delivering such orders from time to time. Payment of maintenance, even after the Iddat period in case of a woman who does not marry, will lead to domestic problems.

“If the law is enforced, a man will not divorce his wife but keep on troubling her. The woman too may trouble her ex-husband by not remarrying and having affair with someone else,” he said.

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Shanno Begum, a 32-year-old Muslim widow, is impatiently looking to carve out a living by breaking into the male preserve of New Delhi taxi drivers.

"My husband died three years ago. I had three children and my parents-in-law to support,” Shanno told Agence France-Presse (AFP) on Friday, September 4.

Shanno signed up last year for a program to launch New Delhi’s first radio taxi-service run by women.

“As a private nurse, I used to earn 4,500 rupees (90 dollars) a month for a 24/7 job,” she said.

"Now, I will earn the same amount working eight hours and can devote more time to my children."

 

The program, the brainchild of Meenu Vadera of the Azad Foundation, a voluntary group, aims to help disadvantaged women to be financially independent.

"The goal is to establish a company with the women as stakeholders,” Vadera said.

“This way it does not look like a charity but a business run collectively."

 

The female cabbies service is planned to start operation ahead of the October 2010 Commonwealth Games.

"We have trained one batch of nine women and the training of another batch of 11 is underway," said Vadera, who aims to have five taxis on the road by February and a fleet of 20 by the time the Games begin.

New Delhi ranks the worst among Indian cities in terms of violence against women.

More than 4,300 cases of violence against women were registered in 2007-08, according to the National Crime Records Bureau.

 

To ensure their safety, the woman drivers have received some basic self-defense instruction as part of their training. Supplementing these are classes in grooming, etiquette and spoken English.

"I was looking at a program that would combine a livelihood for the girls with the idea of having women cab-drivers who will provide safe transport to working women in Delhi," said Vadera.

 

Way-out

 

Many Indian women see the ambitious program a way out of their social and economic dead end.

"I jumped at the idea," said Rita, 24, who fled her family house after suffering seven years of abuse at the hands of her parents-in-law.

"It would give me independence and the ability to support myself."

 

For Ekta, a 28-year-old mother of four, the taxi project opened doors that she had thought closed to her as an illiterate woman in a conservative family.

"Persuading my husband to let me work was very difficult," she said.

"Now I feel empowered as if I have my own identity other than a wife and mother."

 

The project, however, has not been without its problems. For instance, the commercial license necessary to drive a taxi-cab requires a year-long wait.

"I underestimated the gender bias," Vadera said, citing repeated questions from potential employers as to whether women could be trusted to drive safely and turn up to work on time.

"Despite my assurances, they decide against women drivers. This is despite the fact that records show women are more careful than male drivers -- they obey traffic rules, don't drink and drive, and don’t get into brawls on the road."

 

Heena Khan, 22, is discouraged by the delays in issuing her driving licenses.

"It is disheartening that after all this hard work, we still can't get jobs because we are women,” said Khan, who has 10-member dependent family.

“I am the sole breadwinner and no work means no food."

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''DON'T stereotype me,'' says Hana Bubshait, who has the rare honour of being a Saudi Arabian woman who occupies the public space.

Yesterday this quietly spoken woman, who under Saudi law had to get her father's permission to travel alone, went to the podium at the Parliament of World Religions at the Melbourne Convention Centre and appealed to her audience to better understand her struggles.

She is not an activist in the traditional sense, but she is part of a movement in Saudi Arabia that is restless for change. It is not change as her Western audience would understand it, however.

Saudi women's quest for better legal rights, Ms Bubshait says in her frank way, comes down to taking ''baby steps''.

''Right now, I am able to work and am able to get whatever education I want. But I can't buy a house with my money unless I take a father, a brother or a husband with me to court. The court won't acknowledge me as a person alone.''

Ms Bubshait is troubled by the unfairness of it all but says this has nothing to do with her Islamic faith. ''This is not religious, this is cultural.''

Indeed, she says the Saudi dilemma is in part that many of her female compatriots don't espouse parity with men. ''Some women were raised this traditional way, and this is what they believe is right. This is what the mentality has been for 100, 200 years.''

One of the issues - for overseas media, at least - has been Saudi women not being allowed to drive a vehicle. But Ms Bubshait, who works as a policy analyst for the Aramcopetroleum company, notes that when a rumour went around that the women would be encouraged to drive, there was a societal backlash.

''Women themselves were saying, 'We don't want to drive, stop talking about it'.''

But there are bigger issues than driving that face Saudi women, Ms Bubshait says. She is certain there will be change, but only at its own tempo. ''It's going to change; it just takes patience and consistent work.''

 

Aligarh. (ANI): It’s a perfect example of guts and self-determination that too in a male dominated society. A Muslim woman here has become a barber to sustain her huge family. A mother of three, Reshma broke through the traditional gender bias by running a salon that caters to both men and women. Coming from a family of barbers, Reshma, who learnt the art of cutting hair from her maternal uncle and her brothers as a means to support her family, took up the responsibility of being the bread earner after an accident made her husband an invalid two years back. However, fully supported by her husband she today successfully runs the salon as a number of male customers come for haircuts, massages and shaves. With the concept of "metrosexual" males fast catching up, the sight though not uncommon in the metropolitan cities is quite unique.

An Iraqi bank in the holy city of Najaf has opened a new branch where the cashiers, accountants, managers as well as customers are all women.It is the first bank branch of its kind in Iraq – and probably the world.

“This unprecedented entrepreneurial initiative where a bank is run, administered and operated only by women and where its customers must only be female,” Maira Aisa, the manager, said.

Aisa said she was pleased with the new experiment which “will give women the opportunity to evade long queues and elbowing at other banks.”

 

The branch belongs to Babel Bank, a private bank with offices mainly in southern and central Iraq. The bank was recently set up with 50-billion Iraqi dinar capital (one dollar is worth more than 1,000 dinars).

“The personnel are all women. Women run this branch and offer all the services available at government banks,” she said

“We give loans only to women and provide them with the opportunity to find jobs and set up businesses,” Aisa added.

 

She said the idea was suggested in letters the bank received “from numerous women in Najaf, particularly those engaged in investment projects and commercial businesses who asked for such an initiative.”

The branch offers up to 14% interest on long-term deposits which are reported to be slightly higher than those offered by other banks.

Babel Bank Chief Executive Officer Mazen Abdul Razzaq said the new branch “is a response to the social, traditional and religious contexts of the holy city of Najaf.” He said the initiative was made when he found “Najaf women competing with men in setting up businesses and vying for tourist and commercial projects.”

 

Iqbal Ali, a client, said she was extremely pleased to see “an all-women bank.”

“It is a rare opportunity especially in a holy city like Najaf where adherence to tradition and religious norms is important,” she said. “The bank tells the world that Najaf women are engaged in commercial enterprises and are willing to compete with men while at the same time preserving the holy norms and ethics of Najaf.”

 

Luxury developer Damac Properties will be one of the main sponsors for the Emirates Women Award 2009 which is designed to recognize and promote the success and achievements of business women across the UAE. Now in its seventh year, the award, which is held under the patronage of Sheikh Ahmed Bin Saeed Al Maktoum, provides a platform to celebrate the success of women based on both personal and professional achievements.

 

Prospective candidates will be judged across a whole range of criteria from business acumen to leadership skills with a focus on achievements in their field to date as well as their future hopes, aspirations and ambitions.

“The award is a great way for us to celebrate together the success of businesswomen in the UAE and to officially recognize the significant input and contribution they make to the wider business community in our country,' stated Hussain Sajwani, chairman of Damac Properties.

 

The award, organized by the Dubai Quality Group, is open to both UAE national and resident women, who either own their own business or are employed in professional roles. Winners of the Emirates Women Award will be announced in May

 

AN INTERVIEW

 

The approach of the traditionalists is based largely on the corpus of medieval fiqh, while my understanding is based on a direct reading of the principal or original sources of Islam—the Quran and the authentic Hadith. The former, by and large, uphold what can be called the Muslim cultural tradition that developed in the medieval period of Muslim history. So, I would call mine a scriptural approach and theirs a cultural approach.

 

Take, for instance, the institution of the burqa, which many traditionalists stress as essential for Muslim women. The burqa is part of Muslim culture, but is not mentioned or advocated in the Quran. Another example is the traditionalist Ulema’s insistence that women and un-related men cannot, or should not, talk to each other, on the grounds that, so they say, a woman’s voice is aurah, or something to be kept concealed from such men. This notion is absent in the original sources of Islam. In fact, there are many hadith reports that tell us that there was considerable intellectual exchange between men and women at the time of the Prophet. For instance, Ayesha, one of the wives of the Prophet, regularly spoke to or addressed many of the Prophet’s Companions, on a vast range of issues. They used to come to her for guidance and discussion. According to one report, whenever the Companions faced a problem to which they could find no answer they would approach Ayesha. So, how, then, can it be said that a woman’s voice is aurah?

I am not aware of any authentic hadith that describes a woman’s voice as aurah. If the traditionalists have any such proof of their claim, they must offer it. But even supposing, hypothetically, they are able to come up with such proof, we need to redefine or reinterpret it in the present context, and also by taking account the accepted principle, recognized by Islamic scholars, that sometimes ‘necessity makes the unlawful lawful’. We are living in a vastly different age today, where there is simply no escape from hearing the voice of women!

 

 

It is a universal principle that everywhere—in government, in a business, in a school or whatever—there has to be a manager to handle practical affairs or else there will be chaos. This applies to the family also. This role of manager of affairs is what is actually meant by qawwam. It does not at all imply subordination or degradation, or any sort of hierarchy. Rather, it is simply a formula for overall management and administration of the family. In my own home my daughter is the qawwam. She runs the affairs of the house. She is the manager of the house. So, it does not mean that a woman cannot be the qawwam of her house.

Unfortunately, many scholars translate the term qawwam to mean that the man is the hakim or ruler of the house, as if he can be some sort of dictator. Many Quranic commentaries give a completely wrong interpretation of the term. Some go to the extent of describing husbands as the majazi khuda or ‘symbolic god’ of their wives. This is really a sign of deep-rooted patriarchy and deviation from Islamic teachings. It is a biddat or wrongful innovation

 

We have the model of the Prophet Muhammad to explain the correct meaning of the term qawwam. His first wife Khadjiah looked after him when he was in distress. He worked for her, in the business that she ran. He took the advice of another of his wives, Umm Salamah, on many issues, contrary to some Muslim scholars, who argue, without any convincing proof, that a Muslim man may take the advice of his wife but must do precisely the opposite of what she recommends. The Quran also approvingly mentions the case of the Queen of Sheeba, who was the ruler of Yemen.

 

One can cite several other examples to suggest that the Quran does not call for women’s subordination to men, unlike what some traditionalist Muslim scholars as well as critics of Islam claim, and contrary to what their rendering of the term qawwam suggests. Thus, for instance, although the Caliph Umar issued a fatwa calling upon women not to pray in mosques, his wife refused to listen to him and he could not stop her because that was her Islamic right. Barirah, the wife of Mughis, a Companion of the Prophet, once came to the Prophet in order to seek a divorce from her husband. The Prophet advised her against this, to which she responded by asking him if that was his personal opinion or the command of God. When the Prophet replied that it was his own view, she told him that she did not agree, and so the Prophet arranged for her to be separated from her husband.

 

The dharaba that the Quran refers to is simply a token pat, not wild hitting. One hadith report suggests that this should be done with a tooth-stick (miswak), which implies that it is not meant to be any sort of serious beating. According to another hadith report, contained in the Masnad of Imam Ahmad, no prophet ever beat his wives. Sometimes, the Prophet Muhammad had problems with some of his wives but yet he never beat them.

The Deobandi-dominated All-India Muslim Personal Law Board (AIMPLB) projects itself as the sole authority as regards Muslim Personal Law matters (most of which impinge on Muslim women) in India. What do you feel about this organization, particularly its stance on Muslim women’s issues?

 

The claim that the AIMPLB is the spokesman of all the Muslims of India is completely false. In fact, it does not have any mass base. It is, to my mind, just a bunch of maulvis who have put a stamp on themselves, projecting themselves as leaders while they have little contact with the masses. They might represent just themselves, but certainly not all or most of the Indian Muslims.

Permit me to say this, but I regard the traditionalist maulvi class as, to a very large extent, responsible for the backwardness of the Muslims of this country—and not just as far as women’s issues are concerned. They have little knowledge of the complexities of the contemporary world and so cannot address modern problems or interpret Islam in a manner that would appeal to modern minds. But, I see signs of change all around now. Increasingly, Muslims are refusing to listen to those fatwas of theirs which they find outlandish, and are marching ahead in the race for modern education. Even the sons of leading maulvis are choosing not to become traditional maulvis but, instead, are entering universities. I hope that augurs well for the future and those modern-educated Muslim scholars would be in a better position to interpret Islamic teachings, including about women, in a proper manner.

 

STRUGGLE CONTINUES

 

Islamists in southern Somalia have stoned a man to death for adultery but spared his pregnant girlfriend until she gives birth. Abas Hussein Abdirahman, 33, was killed in front of a crowd of some 300 people in the port town of Merka.

An official from the al-Shabab group said the woman would be killed after she has had her baby.

Islamist groups run much of southern Somalia, while the UN-backed government only controls parts of the capital.

This is the third time Islamists have stoned a person to death for adultery in the past year. Al-Shabab official Sheikh Suldan Aala Mohamed said Mr. Abdirahman had confessed to adultery before an Islamic court.

 

They [al-Shabab] are forcing women to wear very heavy clothes, saying they want them to properly cover their bodies but we know they have economic interests behind - they sell these kinds of clothes and want to force people to buy them

President Sheikh Sharif Sheikh Ahmed,

"He was screaming and blood was pouring from his head during the stoning. After seven minutes he stopped moving," an eyewitness told the BBC.

 

The BBC's Mohammed Olad Hassan in Mogadishu says that if the woman is also killed, her baby would be given to relatives to look after. Meanwhile, President Sheikh Sharif Sheikh Ahmed has accused al-Shabab of spoiling the image of Islam by killing people and harassing women.

"Their actions have nothing to do with Islam," said the moderate Islamist during a ceremony at which he nominated a new administration for the capital, Mogadishu.

"They are forcing women to wear very heavy clothes, saying they want them to properly cover their bodies but we know they have economic interests behind - they sell these kinds of clothes and want to force people to buy them."

 

Last month, two men were stoned to death in the same town after being accused of spying. A 13-year-old girl was stoned to death for adultery in the southern town of Kismayo last year.

Human rights groups said she had been raped. Another man has also been punished in this way in the Lower Shabelle region.

 

Mr. Sharif, a former rebel leader, was sworn in as president after UN-brokered peace talks in January. Although he says he also wants to implement Sharia, al-Shabab says his version of Islamic law would be too lenient.

The country has not had a functioning national government for 18 years.

 

SPORTS

 

 

KARACHI: Top Pakistani squash players Aamir Atlas Khan and Maria Toor have been nominated for Professional Squash Association Young Player of the Year and Women's International Squash Players Association (WISPA) Young Player of the Year, respectively, by the World Squash Federation.

 

Both Aamir and Maria belong to the North West Frontier Province, home also to Pakistan squash legends Jahangir and Jansher Khan, where they train amidst constant threats from the Taliban. While it has been a comparatively easy ride for Aamir, by virtue of being a male in a part of the country where residents adhere to strict Islamic law, for the 19-year-old Maria it has been a journey of immense courage and perseverance.

 

Growing up in South Waziristan, Maria was a very different girl, often getting into brawls with boys and generally being very dominating, some very unusual traits for women in NWFP. She was equally lucky to have an open-minded father who noticed his daughter's sporting talent and ability and did not want it to go to waste.

'I didn't want her talent to go to waste,' Shams-ul-Qayum Wazir said in an interview to CNN. 'If I would've kept her in the village, all she could do was housekeeping,' he added satisfied with his decision to pack up from South Waziristan and move to Peshawar in late 1999.

 

Upon her move to Peshawar, Maria was immediately inducted into the Hashim Khan Complex, named after the first great player to emerge from a Pakistani dynasty of squash players which dominated the international game for decades.

It was in Peshawar where her father really began to realise the true potential his daughter had. Representing Warsak High School in Peshawar, Maria became the youngest ever winner of the National Women's Squash Championship toppling top seed Muqaddas Ashraf of Punjab in straight sets in the final at Karachi Club squash court in 2004. She was 13 at the time and while the cash prize of Rs. 8,500 and a crystal trophy felt good, it was really the satisfaction of being better than everyone that was to accelerate Maria's drive. She quickly swatted through her competition winning an Under-15 tournament and then at 15 winning the Under-19 Hashim Khan National junior championship in 2005.

 

She scaled through the national rankings, Dunlop racquet in hand with an almost Muhammad Ali-like confidence, often calling her self the world's best squash player in some of her post-match press conferences. It was this self belief and great form that finally brought her to the world stage when she joined the WISPA in 2006. She was immediately at ease on the international circuit as well, reaching the semi-final stage of the 2nd WISPA International Women’s Squash Championship at the POF Jahangir Khan Complex in Islamabad.

In early August 2007 she was given the Salaam Pakistan Award by the President of Pakistan, alongside tennis player Aisam Ul Haq Qureshi and footballer Muhammad Essa.

 

The year 2009 saw her win her first international tournament when she beat the same opponent she had defeated as a 13-year-old. Muqaddas Ashraf once again succumbed to Maria’s power and agility losing the Chief of Army Staff International squash tournament. 

 Winning an award at this year's World Squash Awards being held the RAC Club in London is something Maria is looking forward to but her main objective is to carry on the great legacy left behind by the Khans and to put Pakistan's name back at the top on the world stage.

 For her father her achievements have already shown the true spirit of people of Waziristan, a far cry from what is has become today.

Iran women's doubles claimed the gold medal of the Bahrain Air Badminton International Series 2009 on Sunday. Sahar Zamanian-Nejatzadeh and Negin Amiripour defeated the team from Bahrain 2-1 in the final game played at the Khalifa Stadium, Isa Town.

Iran's Ali Shahhosseini and Mohammad-Reza Kheradmandi lost to Bahrain's Jaffer Ebrahim and Heri Setiawan 21-11, 15-21, 21-14 in the men's double team and won the bronze medal.

Negin Amiripour came third after being defeated by Putri Variella of Bahrain 21-14, 21-18 in the women's single.

 

A total prize purse of $5,000 is up for grabs in this year’s competition, which is the third international badminton event to be hosted by the Indian club located in Bahrain.

The tournament is being backed by title sponsor Bahrain Air in cooperation with the Bahrain Badminton and Squash Federation, and is sanctioned by the Badminton World Federation and the Badminton Asia Confederation from December 2 to 6.

Badminton players from Bahrain (host), Iran, Jordan, India, Sri Lanka, Syria, Morocco, Egypt, the Philippines, Indonesia, Saudi Arabia and the UAE took part in the event.