Commentary


Muslim Leaders without Beards  New

I’ll have multifaith danish with lavish sprinkles of tolerance, respect and humour 

Reflections of a prayer with a purpose 

Why we, women must keep Zahra Kazemi's memory alive

Eid and awe in New York

Whose Shariah is it anyway?

A Backpack Attack!!!
A Multi-Faith Merry Christmas
Looking At Life from Both Sides
A Third Time Survivor
A Global Village in Canada
The Importance of Being (A) Regular
Queen of Curry - Madhur Jaffrey
Requiem To A Friend
Ritual of Fasting should not be
a Burden

Summer And the Single Parent Syndrome
Eid - The Feast afterThe Fast
Happy Mother's Day to All Mothers
Truly Torontonian

 

 

Muslim Leaders without Beards

The Columbia Spectator
March 22, 2006

A few weeks ago, in the wake of the Danish cartoon controversy, when Canadian media wanted to speak with representatives of the Muslim community, they chose Muslim males without asking or even bothering to find leadership among Muslim women. It’s assumed that only Muslim men (preferably with beards!) are leaders. Rigid, unforgiving, and sexist voices are considered the voice of authentic Muslims by Western media. If a Muslim woman speaks out or is qualified to take a leadership role, however, she’s called militant. This poses a challenge because the struggle for gender equality, combined with the question of leadership among Muslim women, is becoming a global reality and is my personal Jihad (struggle).

I believe the leadership will emerge from North America, and it was to speak about my personal journey that I was invited by Chung Hyun Kyung, associate professor of ecumenical theology at the Union Theological Seminary at Columbia, to address her class studying Islam and Muslims. I participated in a panel of diverse Muslim women, speaking of our lives and leadership. With me were Aisha al-Adawiya, an African-American Muslim woman and founder and executive director of Women in Islam; Shqipe Malushi, a Sufi poet and writer from Kosovo who is part of Faith and Feminism dialogues; and Nureen Qureshi, a young television anchor and media consultant from Canada. These women work at grassroots levels and are some of the new voices in North America—the ones creating dialogue and safe spaces for other Muslim women. We believe that if men won’t give Muslim women their rights, then the faith will—all we have to do is reclaim what was originally given to us in Islam.

Columbia students were fascinated by the perspectives brought about by the panel of Muslim women and asked about a number of issues, ranging from terrorism to the Taliban. One student kept staring at Nureen, who is fair, light-eyed, and wears Western clothes. Finally she blurted out, “But you don’t look Muslim,” and the stereotypes started to abate. With humour and honesty, we dealt with the queries as best we could.

This populist women’s movement about leadership also has traction in Europe. At an early celebration of International Women’s Day, the International Federation of Women Against Fundamentalism and for Equality held a conference in Paris. The conference, titled “Women’s Leadership: Indispensable to the Struggle Against Fundamentalism,” was supported by 15 European organizations. Discussions ranged from fundamentalism as it exists in many faiths today to the challenges of female leadership.

Formed after Sept. 11, 2001, WAFE asserts that fundamentalism in all faiths has emerged as the biggest challenge for humanity. The battle for sexual equality and emancipation can’t be separated from the fight against extremism, its members say.

The international solidarity network Women Living Under Muslim Laws has identified anti-female policies as one of the warning signs of rising fundamentalism. Whether it’s abortion bans in the United States, opposition to head scarves in Europe, or forced veiling by the Taliban, whether it’s limiting women’s freedom of movement or their rights to education and work under dictatorial regimes, the leaders of these movements are always men, and the victims are always women.

The women, however, are insistent on making their voices heard.

The roster of speakers in Paris included multi-faith and diverse women from India, Africa, North America, and the Middle East, including members of parliaments from various European countries. The panelists identified that religious fanatics exist in every faith, and women have been exploited by religious leaders for centuries.

WAFE Chair Dame Elizabeth Sidney OBE explained that, in fundamentalism, all power rests with men, and she invited women to share that “burden” of power. She clarified that there is only 16.3 percent women’s participation in parliaments worldwide and 7 percent in the Arab States. She also pointed out U.N. statistics that say only 1 percent of the world’s revenue belongs to women.

During the discussions, what clearly emerged is that the critical element women need today is freedom, especially the freedom to make choices that enable them to be independent agents of positive change.

Muslim women’s voices were also heard this past weekend in Lansing, Mich., where the International Center of Michigan State University held its first conference on Islam, titled “Islam and Gender: Social Change and Cultural Diversity in Muslim Communities.” Among the presenters was Jasmin Zine, assistant professor of sociology at Wilfred Laurier University, who spoke about identity issues and the education of Muslim girls in Canada, both in Islamic and public schools. She also talked about double standards for girls and boys and reinforced the importance of gender equity, especially in light of the International Day for the Elimination of Racial Discrimination this week.

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I’LL HAVE MULTIFAITH DANISH WITH LAVISH SPRINKLES OF TOLERANCE, RESPECT AND HUMOUR

A non-Muslim friend from my interfaith group has just left me a voice mail thanking me for guiding him to a seminar about the life of Mohammad, which was held in response to the cartoon controversy. Eric says “I found it enlightening and moving. This is a heavy time for you so keep your dignity and humour and you’ll get through it.” Thank you Eric.  The past two weeks have been spiritually, emotionally and physically trying for many of us caught up in the jihad (struggle) to uphold respect and reverence for our Prophet while condemning irrational and violent reactions in some parts of the Muslim world.  

Now that the furor and fury is dying down a bit, I’m eating a Danish in solidarity for ordinary Danish people who have been swept into the current cartoon controversy. Just like I don’t want to be blamed for the actions of a few radical extremists, similarly I don’t think all Danes should be blamed for the mischief of an editor and an Imam.  

I also have a message for Muslims, non-Muslims and Media. “Enough is enough – grow up and let’s learn to live together!” Why? Because the world is now a global village and a joke in Denmark can have ripple effects causing tremors from Delhi to Dakkar. As the Sufi poet Saadi wrote: Human beings are like parts of a single body; if one part is wounded, the rest hurts. You, unmoved by the pain of others, are not worthy of being called human.  

Many important lessons for humanity have emerged from this cartoon crisis and perhaps the best thing we can all do right now is to sit back, take stock and educate ourselves about each other, before we criticize.  

From purely a faith perspective, this is a time when many faith communities have spoken out against willfully demonizing ‘the other’.  Those who haven’t are also encouraged to speak out and show solidarity and support for each other, even at the risk of being taunted for being “cowardly” or “wishy washy”.  As well this is a wake up call for Muslims not to taunt or ridicule others because they now know how it feels to be on the ‘other’ side. Respect for each other is a hallmark of the Canadian mosaic and I applaud the individuals and organizations who have spoken out against hate mongering.  

And hate mongering it is. Another lesson to learn is that if one community is saying out loud and clear that they find demeaning their faith, insulting, please listen to them. They are your neighbors, friends and fellow Canadians. The same Charter of Rights and Freedom that some editors want to use as an excuse to print the offending cartoons, also gives Canadians the right to object to hate propaganda. If my freedom impinges on your rights, then it’s no longer freedom.  

In the political arena, we’ve learnt that Muslim leaders have misappropriated the cartoon caper to pursue their own agenda for power and control. As a Muslim I find it totally hypocritical that the same people, who didn’t speak out when the 1400-year old house of Prophet Muhammad in Makkah was being razed to the ground by Saudi authorities, are now using violence as a means of protest. Obviously they aren’t out in the streets for love of the Prophet – more like love of profit!

Where were they when the Taliban blew up the Buddha statues in Bamiyan?

Every Muslim needs to ask the question: Is this what the Prophet would have done? The answer is a clear No. Once they know the answer, they need to loudly and clearly condemn those actions that are against the Quran and practice of the Prophet.  

Simultaneously it should be imperative that conservative Muslim countries like Saudi Arabia and Pakistan teach Judaism, Christianity, Hinduism and Buddhism in schools.  More importantly they need to teach respect for diversity within Islam. It’s ironical that a cartoon caused riots in Pakistan, but 32 shias killed last week didn’t even warrant a protest.   Rights of minorities in Muslim countries should be protected just like rights of Muslims in Canada.

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REFLECTIONS ON A PRAYER WITH A PURPOSE

It was April 22, earth day and here we were, a motley crowd of some 40 people gathered in a backyard – close to earth. Although the meteorologists had predicted rain, the skies were bright blue, the sun shone and there was a slight breeze. I felt the heavens smiling on us and I took a deep breath of peace. The time for Friday prayers was near.

I wasn’t so calm three weeks ago when Tarek Fatah, founder of the Muslim Canadian Congress (MCC) asked me if I would lead a mixed gender prayer for the community. My first reaction was to say no because I wasn’t ready to be part of media frenzy. So Tarek took the petition to my husband who convinced me that it would be a natural progression of the work I do in interfaith, to actually lead a prayer for my own community. I thought about this deeply and realized that there are many Muslim women who don’t have a safe space in which to pray, so this might open some doors. Once my intention was clear in my mind, I agreed. My sons were concerned for my safety, but once I made the decision, I left the rest up to Allah, praying for guidance and strength. 

My trepidation was not unfounded because the venue had to be changed twice before it could be considered safe. We finally ended up in Tarek’s backyard which had been cleaned up in a record one hour and had carpets laid out in a row. 

About 40 people turned up, more men then women surprisingly, and it was a joy to note the diversity. It was also remarkable to note that this was not a ‘reactionary’ crowd or a battle of ‘progressive vs conservative’ because there was an Imam and women in hijab in the group. I was humbled as I stood before the congregation on this landmark occasion. I thanked them for their trust and confidence in inviting me to lead them in prayer. “Your faith today” I started by telling them, “is the only criterion really required in Islam to empower a person to lead prayer. This is especially heart-warming for me as I’ve lead prayers in churches, synagogues and temples and feel honoured as I stand here with my own community”. 

I explained how we would proceed. A young man called out the azaan (call to prayer) and I gave the sermon beginning with the first verse from Sura Nissa (the chapter on women in the Quran). O mankind fear your Guardian Lord who created you from a single person, created out of it His mate and from them scattered like seeds countless men and women – fear Allah through whom you demand your mutual rights and be heedful of the wombs that bore you for Allah ever watches over you. 

I continued “So we know at this moment Allah is watching over us and I believe from my heart and soul that Allah made us equal in creation and wanted all of us to have this equality that is denied to many women today. What we are doing today is not re-inventing our own tradition, rather following in the teachings and role models of our faith. And how auspicious is this occasion today, being the birth anniversary of our beloved Prophet who is a mercy for all humankind.” 

The fact that this momentous event was taking place on the birth anniversary of my beloved Prophet Mohammed, was a sign of great blessing for me. Yet I knew that some of these brave men and women, who were here to support me, may have doubts and in the second half of my sermon, I allayed those fears. I said “I’m often asked where I get the strength of conviction that I’m doing the right thing. I’m inspired by the first woman of Islam – Hazrat Khadija – Uumul Momineen – mother of believers – it is said that her wealth could cover the grounds around the Kaaba – yet she donated her assets to build that small Muslim community which desperately needed her support. I’m motivated by Bibi Fatima who relayed the Prophets sermons to the larger community and tradition records that when she entered the room, the prophet stood up in respect for his daughter. I draw strength and courage from Bibi Zainab who shook the court of Yazid with her impassioned khutba after the tragedy of Karbala. Here we see a woman building an empire through her financial status, a woman stabilizing that empire though her piety and a woman shaking an empire though her passion for truth and justice. And of course, I’m impressed by Hazrat Ayesha, a theologian and narrator of hadeeth.” 

By this time I could see some eyes were getting wet – the message was getting through. I ended with the following words: “Today it doesn’t matter who leads prayers. This event is just to break the domination of a few misguided bigots who try to reduce God to a policeman and who’s only interest in ‘profit’ is the kind that comes out of their bank account. Each one of us today is empowered to take with us a message of peace, justice, equality, tolerance, compassion and open mindedness. This is not my message or that of our host – this is the message of the book” We ended with a dua, but as we rose to our feet to meet and greet each other, I was overwhelmed with tears and so were others. Some of the women told me they had not prayed in years and were ecstatic to come back into the fold. For at least one person, this was their first congregational prayer so this auspicious occasion was blessed from the inception and became a ‘first’ for many of us, held together by love of Allah and His Prophet.

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Why we, women must keep Zahra Kazemi's memory alive

I’ve just returned from Barcelona after attending the fourth Parliament of World Religions conference – the largest interfaith gathering in the world. One of the highlights was the plenary address by Nobel Peace Prize winner, Shirin Ebadi who is prominent in our local news as the lawyer retained by the Kazemi family in Iran to find justice for the murder for Canadian photojournalist Zahra Kazemi, who was tortured and beaten to death.

In Barcelona last week, Ebadi said:  “human rights cannot be protected with bombs” and denounced the despotic behavior of those “who ignore human rights and democracy with the argument of belonging to a different culture and shadow dictatorial regimes with religious and nationalistic arguments.”

As an activist Muslim journalist and a woman, it does my heart and mind good to hear Ms. Ebadi’s words. However, since Barcelona I’m not sure how much has changed in terms of the rights of women internationally and especially Muslim women. Zahra Kazemi’s case only fans my fears.

With Kazemi’s unfortunate and tragic death, dozens of questions have resurfaced. I question why Muslim leaders all over the world have not condemned this act of barbaric proportions; why the plight of women was not front and center in Barcelona where 8000 religious practitioners gathered to discuss world ‘issues’; why leadership by women is still an anomaly, why outspoken Muslim women are a minority?

Iran’s decision to suddenly end the Kazemi trial and keep a veil of secrecy over the proceedings only proves the strength of the strong patriarchal culture that pervades that society where the value of a woman’s life is obviously very little. The situation is similar 
in Gulf countries, Saudi Arabia and Pakistan where women are considered second-class citizens and their rights are intentionally and systematically crushed while they remain voiceless and powerless.

This trampling of women’s rights is being perpetuated in countries that pride themselves on being “Islamic”, giving both Islam and Muslims a negative image. It’s ironical that Islam gives women complete rights, which they are unable to put into practice. As Shirin Ebadi said in her acceptance speech after winning the Nobel Peace Prize “The discriminatory plight of women in Islamic states, too, whether in the sphere of civil law or in the realm of social, political and cultural justice, has its roots in the patriarchal and male-dominated culture prevailing in these societies, not in Islam”.

One of the panels I attended in Barcelona was on the Right of Self Determination for Muslims. Five eminent male scholars spoke at this panel and at the end, I asked one simple question (they don’t call me a rabble-rouser for nothing). “Can you comment on the right of self determination for Muslim women” I asked “and tell me why, 1400 years after the message of Islam, are they still treated like non-entities throughout the Muslim world?” The panelists looked uncomfortable, whispered among themselves, and an Imam stood up and talked at length about women’s rights under Islam. He repeated what I already know: that Islam gives Muslim women the right to vote, inheritance, options for marriage or divorce and most of all, keep her earned wages. He avoided answering my query.

So I reframed my question. “We have a rich legacy in Islam of strong women leaders, yet history and the world has forgotten the Muslim women rulers, warriors, jurists and Sufis who lived on the same soil where today women are killed to protect the ‘honour’ of the family, as in Iraq and Jordan. In Saudi Arabia, the same location where the Prophet Mohammad proclaimed in his final sermon that women must be revered and protected, the opposite is happening. Why?” I was told time for questions was over!

Outside the confines of comfortable Canada, I was reminded in Barcelona that  women are the major victims of unrest in war torn areas of the world; Aids has affected innocent women in Africa and, in Iran, a land where they should follow the legacy of the Prophet and his granddaughter Zainab to revere women and remember that heaven lies at the feet of the mother, Zahra Kazemi was beaten to death. Back in Toronto, I read in the latest time magazine that in Iraq it’s all out hostility against women.

So I applaud and support Stephan Hachemi for pursuing the cause to find justice for his mother.  We, women of the world must also keep the flame alive so that Zahra Kazemi’s sacrifice is not in vain and we will someday reinstate dignity and human rights for all women.  Shirin Ebadi reminds Muslim women that they must take back the rights that Islam and the Quran give them – because no one else will!

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EID AND AWE IN NEW YORK

New York – Monday 15 Nov, 2004

Eid – a word that means joy – it’s the ‘feast after the fast’, a major celebration for Muslims after fasting in the month of Ramadan.  Deciding to spend Eid in New York this past weekend, turned out to be a ‘joyous’ decision on my part, and while tradition has it that Eid lasts for three days, I celebrated in a variety of ways for the whole week.

But I’m getting ahead of myself.

I went to NYC ostensibly to attend the launch of the Progressive Muslims Union of North America and I got there two days early. My hosts in Manhattan are part of a group that had decided that through science and technology, Ramadan and Eid can be predicted in advance so that Muslims can begin and end together. The decision was for a Sunday Eid and they invited me to join them at the Eid prayer and celebration.

We drove to the Dorral Arrowood Convention Center in Rye Brook New York where the auspicious event was arranged by ASMA (American Sufi Muslims Association). 300 men, women and children prayed together in the great Ballroom – yes, side by side with no partition. These people have broken away from the traditional mosque culture (where usually women are relegated to another area) because they want to offer prayers with their families, friends and loved ones, and they took another bold step by inviting an Imam of their choice. And what a brilliant choice!

Imam Feisal Abdul Rauf is a dynamic man with a vision as large as his heart. Author of a new book titled “What’s Right with Islam: A New Vision for Muslims in the West”, he was educated in England and Malaysia and has a degree in Physics from Columbia University. Founder and CEO of the American Sufi Muslim Association (ASMA Society) and Imam of Masjid Al-Farah, a mosque in New York City, twelve blocks from Ground Zero, he has dedicated his life to building bridges between Muslims and the West and is a leader in the effort to build religious pluralism and integrate Islam into modern American society.

Regarded as one of the world’s most eloquent and erudite Muslim leaders, Imam Feisal is a charismatic public speaker and has appeared in national and international media such as CNN, CBS, NBC, ABC, PBS and BBC. He has been quoted in the New York Times, New York Daily News, Jerusalem Post, and Associated Press.

The Imam’s sermon could have been easily accepted in a church, synagogue or temple as he spoke about two kinds of religion – good and bad. He talked about Islam with a small “i” and said it means submission to God by anyone: Muslim, Christian, Jew, Buddhist.  This must have sat well with John Bennet, a lone Buddhist in the congregation who heads Imam’s Feisal’s Cordoba Initiative. Imam Feisal is the architect of the Cordoba Initiative, an inter-religious blueprint for improving relations between America and the Muslim world and pursuing Middle East peace. As a tireless advocate for an ecumenical solution to the Israeli-Palestinian conflict, he has impressed his vision on US lawmakers and administration officials, most recently as member of the National Inter-religious Initiative For Peace in Washington DC.

Young people surrounded the Imam after the sermon but the surprise did not end there for me. Following the prayer, there was brunch and live music – some enthusiastic families also indulged in a bit of ‘bhangra’. I was also astounded to see the Imam’s wife does not cover her head. Daisy Khan leads women in prayer at their mosque and is involved in interfaith dialogue at an international level. Upon my questioning, she said “I’ve done my own ijtihad (research and reasoning) and found that modest dress is what is required so I believe this is fine for me.”  Wow, I felt I had found the ‘progressive’ Muslims.

However, next morning (Monday 15 Nov) was the official launch of The Progressive Muslims Union of North America (PMU). The Union Theological Seminary of Columbia University hosted this event in The Bonhoeffer Room (at one time called The Prophet’s Chamber). I was the first one to get there in my enthusiasm to beat New York rush hour traffic. PMU is the result of months of work and planning by a diverse group of American Muslims including well known academics like Omid Safi, Professor of Islamic Studies at Colgate University, professionals like Hussein Ibish, Communications Director of the American-Arab Anti-Discrimination Committee & Sarah Eltantawi, a Consultant to American organizations plus community activists like Ahmed Nassef, editor-in-Chief of Muslim Wakeup, the worlds most popular Muslim online magazine. ]

Sarah who is communications Director with PMU opened the media event by saying “PMU seeks to expand the range of spiritual, social, intellectual, and political choices for North American Muslims, and to challenge the narrow set of "normative" Muslim ideas and behavior expected of all of us both within and beyond the North American Muslim community”. When asked if they are a ‘break-away group’, she responded that the aim is not to create some sort of "new Islam" or "American Islam". “Rather, we seek to join the work already underway by so many others to bolster the sense of pluralism, commitment to justice, and diversity within Islamic discourses which has been undermined by the spread of literalist and dogmatic interpretations of the faith in recent decades.”

Ahmed Nassef spoke about the four different areas that PMU will work in: Arts, Reform and Education, Spiritual Awareness and Politics. He said that PMU is like a “Big Tent” under which they hope other existing organizations will gather to defend civil rights at home, human rights abroad and celebrate an enlightened vision of Islam.  

Joining the PMU Board is Torontonian Tarek Fatah, founder of Muslim Canadian Congress who pointed out that Canada has made great contributions to the progressive religions agenda. He started off by stating “Canada has more to offer the US than just cheap drugs for seniors. Canadians don’t just pay lip service but actually practice a separation of religion and state”. MCC will pursue the Canadian component of the progressive Muslim agenda here at home, not without controversy I may add. Tarek had hardly come home, when he was slapped with the label being a “progressive extremist” (whatever that means).   

During my interaction with other American Muslims over Eid celebrations, I heard some criticism of PMU. One was that they might compromise basic Islamic principles and “pander to western popular ideology”.  Others referred to this group as “being too liberal” because they feel the PMU mandate is too wide. The PMU Board seemed well aware of the challenges ahead of them and said that expect the community will go through denial, anger and then hopefully acceptance when they see that there is a need for reform 
from within.

A New York Times columnist, who had come to cover the event, said that the kind of message being given by PMU through their mission statement is a discourse that is not heard in the mainstream and felt it’s important to get the message out.

I found the PMU Board very sincere in their efforts to try and find a balance. I fully support their mandate for exorcizing the excesses of many within the community who veer towards polemics and hate propaganda, which has no place in our faith.  I applaud their decision to avoid extremism of every kind and to be inclusive, respecting the diversity of our faith, culture and traditions. My only concern is that in labeling themselves ‘progressive’ or ‘moderate’, is the message being given to the outside world that those who aren’t part of any such organization, are not progressive or moderate? The New York Times columnist made note that none of the women who attended the PMU launch were wearing hijab – this bothers me because the message seems to connect head covering with being ‘regressive’ and that’s certainly not the case. Another news item in mainstream media talked about young Muslims becoming extremist by ‘going regularly to the mosque, growing a beard and wearing Islamic attire’ – by this standard majority of Muslims could easily be labeled ‘extremist’.  Therefore I feel some caution is needed to ensure the medium does not mangle the message!

Upon returning to Toronto, I encountered my own pluralistic experience, which is worth sharing. I am teaching an 8-part series on “Understanding Islam” to a group called Learning Unlimited, which is comprised of 200 educated Canadians (mostly Christian and some secular). This week, the presentation was on Spirituality in Islam and sharing the stage with me was a Sufi who is a holocaust survivor from Hungary. Yet, this man of Jewish heritage led the entire audience in dhikr of Allah and His Prophet, explained the concept of Sufism better than I could ever have done, read poetry by Rumi and Rabia al Basri, plus submitted himself to questions till he was exhausted. It was incredible to see this crowd, some who had never said the word “Allah” in their lives, chanting the kalima, not once but repeatedly. Later, some people came to me and said that this was the first time they were spiritually touched and requested the words to be written down for them.

So, my faith reinforced, my energies recharged and my spirit rejuvenated over Ramadan and Eid, I wish to share my enlightenment with you:

“If it’s not moderate, progressive, enlightening, delightful or tolerant – then it’s not Islam.”

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WHOSE SHARIA IS IT ANYWAY?
(published in Newsline and Azizah magazine)

“The Shari’ah, for the most part, is not explicitly dictated by God. Rather, Shari’ah relies on the interpretative act of the human agent for its production and execution. Paradoxically, however, Shari’ah is the core value that society must serve. The paradox here is exemplified in the tension between the obligation to live by God’s law and the fact that this law is manifested through subjective interpretive determinations. Even if there is a unified realization that a particular positive command does express the divine law, there is still a vast array of possible subjective executions and application. This dilemma was resolved somewhat in Islamic discourses by distinguishing between Shari’ah and fiqh. Shari’ah it was argued, is the Divine ideal, standing as if suspended in midair, unaffected and uncorrupted by life’s vagaries. The fiqh is the human attempt to understand and apply the ideal. Therefore, Shari’ah is immutable, immaculate, and flawless – fiqh is not. 

Khaled Abou El Fadl, Islam and the Challenge of Democracy, 
Princeton 2004.

I’ve been reading and watching the debates about the Islamic Tribunal in Ontario and wondering how, as a Muslim woman living in Canada will this affect me. Will I ever use it? Will my husband misuse it? (I hope not!) Will my children benefit from it? To my understanding, whether we are moderate, conservative or progressive Muslims, to some extent we all implement Sharia in our daily lives. When it comes to birth, death, marriage or divorce, we do fall back on Islamic law.  Given an option, I think I’d rather have family matters settled through the circle of my faith as some of my brothers and sisters in the Jewish community already do.

But what is Sharia anyway? The meaning reflects flowing water and fluidity. Ideally Sharia is based on four Sunni schools of Islamic jurisprudence plus the Jaafri school of thought, being flexible and adaptable to time and place. (I understand that the Muslim Court of Arbitration has taken the different denominations into consideration).  In terms of women’s rights, an in-depth understanding of Sharia will show that it was implemented to support women and many recent studies prove that it did. Judith Tucker’s book In the House of the Law, is only one reference of how Sharia favored women and gave them rights to marriage, divorce, voting and inheritance 1400 years ago. Ironically those rights were later usurped through colonization and patriarchal dictatorships. It’s important to note that Sharia is not divine but man-made (literally in some sense) so it’s open to misuse as has been the case for many centuries.

My concern like everyone else’s is that we don’t want Sharia in Canada to take the shape of the dreaded Taliban regime. As a Muslim woman keenly involved in the development of Canadian Muslims, I understand and appreciate why women are afraid and I’m on record as having spoken out against gender apartheid. However, to be fair, I don’t think the intent for setting up an Islamic Tribunal is to oppress Muslim women in Canada. There are thousands of educated, strong Muslim women who can oversee that injustice does not take place. (Note to Marion Boyd – equal representation, both in sect and gender is imperative for a fair working tribunal)

The fact that dialogue and debate is taking place is a good sign because it should alert the proponents of the Islamic Tribunal that they must have equal representation and stay within the framework of Canadian law. At the same time, passing judgment on those who oppose the Islamic Arbitration service is not acceptable.  Calling names and labeling critics as being outside the circle of the faith happens in dictatorships, which suppress freedom of expression – luckily in Canada, difference of opinion is a way of life.

In speaking to some Muslim lawyers, I discovered that family arbitration has been taking place on an ad-hoc basis since Muslims came to Canada. Decisions, divisions and divorces have been performed in mosques and in communities without any legal recourse and not necessarily in favour of women. I also know from Dr. Azizah al Hibri, (Executive Director of Muslim women Lawyers for Human Rights) that similar tribunals operate successfully in some American States. She explains that properly understood and implemented, Islamic Law can give Muslim women liberty and latitude.

In some ways, we now have a unique opportunity to bring about important change and show the world how we can embrace the true and just meaning of Islam – one that reflects gender equality and human rights. This change can only come from within provided the community is united and there is representation by women’s groups and liberal Muslims.

Sometime ago when polemics were being spouted from the pulpits of some mosques, the way to oppose this was not to close those places of worship but to try and forge change. Through lobbying and media, change did take place and now there is a conscious effort to be moderate. We still have a long way to go, not by being critical alone, but by working interactively and exposing misuse of the pulpit.

The last thing I wanted to read is that ‘Sharia is flawed’ (Toronto Star Sep 7, 2004). It’s not Sharia that is flawed but the way in which dictatorial and oppressive regimes have used it to suppress the rights of women and minorities. These are countries where religion is used as a bait to gain power or vet votes. Stoning, flogging and honor killings were never a part of Sharia and it’s up to us to see that it never happens here. There’s absolutely no reason why Sharia can’t be updated and brought to par with life as it is in Canada today and be in sync with the Canadian charter of rights and freedom.

The implementation of a voluntary Arbitration court is meant for conflict resolution and not confrontation. As such it deals with family law so that progressive Muslims can still hold their head high and maintain separation of church and state.  

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