Sharia News Watch 103 : a collection newsquotes on Sharia, for
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The Sharia Newswatch provides a regular update of news quotes
on Sharia (Islamic Law) & related subjects, as appearing on the major
news searchengines. All editions :
http://groups.yahoo.com/group/shariawatch/
BAHRAIN
MP proposes motion to segregate sexes in university - 08 Feb 04
http://www.gulf-news.com/Articles/news.asp?ArticleID=110215
..
An Islamist member of the Bahraini Parliament said yesterday he has
proposed a motion to segregate the sexes in the class rooms of the
kingdom's national university. The proposal aims to "allow women to
continue their high education without any harassment," MP Jassim Al
Saidi told Gulf News.
..
The Bahraini Parliament, elected in October 2002, is dominated by
Islamists who control up to 22 of the house 40 seats. Bahrain is
considered one of the most open and multicultural societies in the
Middle East where most people lead a Western life style. But the
constitution states Bahrain is a Muslim country, Al Saidi argued. "And
according to the Islamic Sharia, men and women sexes must not mingle
in public places," he said. He claimed the desegregation of the sexes
at the university denied "thousands of women" the chance to progress.
..
"This bill doesn't make any sense," commented Dr Anissa Fakhro, an
education expert and social commentator. "It seems that these people
have yet to realise that we are living in the 21st century," she
added. Anissa's latest book is called The Psychological and Social
Tendencies of the Bahraini Youth. In the book, she argues that mixing
the sexes in at schools "helps create a more tolerant and less violent
generation." "Based on the interviews I had with hundreds of students
from both segregated and desegregated schools, those who have been
studying since elementary level at mixed schools tend to have less
psychological and social tensions. They look at the members of the
other sex as equals," she explained.
FRANCE
French politicians pave way for hijab ban - 06 Feb 04
http://english.aljazeera.net/NR/exeres/401B9A16-7670-483B-93A5-06D15B157E2C.htm
..
The country's ruling conservatives and left-wing opposition approved
the deal over a controversial draft law on Thursday before a formal
vote by the National Assembly next week. The Socialists said their
backing depended on an amendment requiring the law to be reviewed
after a year. Their support also hinged on the understanding that the
law would not be wielded in a way that would alienate religious
communities.
..
The amendments were seen as a way to bring those hesitating on board
to back the bill, which goes to the vote in the lower chamber of
parliament next Tuesday. It will then be passed to the upper chamber,
the Senate.
Ban on veils may spread to hospitals - 06 Feb 04
http://www.guardian.co.uk/france/story/0,11882,1142313,00.html
..
As France's national assembly neared the end of a four-day debate on a
ban on religious emblems in state schools, the prime minister,
Jean-Pierre Raffarin, said "similar legislation" was planned to stop
hospital patients refusing to be treated by male doctors.
..
Health administrators have reported cases of Muslim husbands who would
rather their wives were denied treatment than be examined by a man.
Women in labour have refused epidurals because the anaesthetist was
male. The government is also considering a "secularism charter" for
other public institutions. These include town halls, where Muslim
women must remove their veils for official ceremonies, and public
swimming pools, where Muslim women have demanded segregated bathing.
INDIA
Muslims urged to reinterpret personal laws affecting women - 07 Feb 04
http://www.deepikaglobal.com/ENG3_sub.asp?ccode=ENG3&;newscode=40516
..
The National Commission for Women (NCW) today called upon the Muslim
community to review existing personal laws relating to talaq,
maintenance and polygamy etc to ameliorate the socio-economic
condition of their women. Pointing out that so many Muslim countries
like Turkey, Indonesia, Iran and Pakistan had amended laws relating to
these subjects to meet the demand of the changing times, NCW
chairperson Poornima Advani said that in India also, these laws
demanded a new interpretation.
..
Ms Advani, who has taught Muslim Personal Law at the Bombay
University, said there were so many laws which were intended to be
good and arose according to the demands of the day when they were
formulated, but later they came to be misinterpreted to do injustice
to women. In this connection she cited a sub-clause in the Dissolution
of Muslim Marriage Act, 1939 under which a woman can seek divorce only
if her husband does not treat her equally with his other wife. But,
she pointed out that there is no such man as can ensure this equality
and the provision continues to be misused. She said the NCW during the
hundreds of public hearings it held over the year has found that the
problem of instantaneous talaq and multiple marriage were the ones
affecting Muslim women most adversely.
..
A number of other speakers on the occasion stressed the need of
launching an intensive campaign to make Muslim women, specially those
living in samall towns and villages, aware of their legal rights
relating to their share in property which in most of the cases they
surrender to their brothers out of social pressure.
INDONESIA
[Opinion] Haj tragedies: Time for a look in the mirror - 07 Feb 04
http://www.thejakartapost.com/detaileditorial.asp?fileid=20040207.F03
NU alleges rampant corruption over haj - 10 Feb 04
http://www.thejakartapost.com/detailnational.asp?fileid=20040210.C01&;irec=0
..
Rampant corruption, including price markups, at the Ministry of
Religious Affairs involved many officials, businesspeople, politicians
and foreigners, a respected Muslim leader alleged on Monday. Hasyim
Muzadi, chairman of the country's largest Muslim organization
Nahdlatul Ulama (NU), said that reforms within the ministry required
extra effort from all parties, including lawmakers, non-governmental
organizations and the press.
..
Hasyim doubted, however, that the private sector would be able to
handle the haj pilgrimage professionally -- as some have recently
suggested -- saying that the government had once delegated the matters
to private firms and similar problems still took place. The government
handed over the management of the special minor haj, with about 15,000
people, to a private firm two years ago, but later dropped the firm
after the organizers failed to carry out their duties properly. This
year, some 30,000 haj pilgrims, mostly under the ONH Plus arrangement,
were not able to go to Mecca despite promises from the government,
that it would grant a higher quota. Indonesia's quota stood at 205,000
people this year.
Intl Halal Standards To Be Formulated In Jakarta - 07 Feb 04
http://www.antara.co.id/e_berita.asp?id=135140&;th=2004
..
Representatives of certification bodies from many countries will
gather in Jakarta on February 11-12 to formulate international halal
(allowed under Islamic law) standards to protect Muslim consumers.
"So far, the halal status of food products originating in non-Muslim
countries entering Muslim countries is always in doubt," the president
of the World Halal Council, Aisjah Girindra, said here Friday. Aisjah
said, the halal certificates issued in food producing countries had
yet to remove the doubts.
Government to blame for stampede in Mina: Gus Dur - 05 Feb 04
http://www.thejakartapost.com/detailnational.asp?fileid=20040206.C01&;irec=0
..
Former president and former chairman of the country's largest Muslim
organization Nahdlatul Ulama (NU) Abdurrahman "Gus Dur" Wahid said on
Thursday that the [Indonesian] government did not provide clear
guidance on how and when to perform the devil-stoning rite. "If we
refer to the Wahabi sect's regulations, the pilgrims should perform
the devil-pelting rite in the afternoon, but the government
(reportedly) never told our pilgrims what time they should go. So the
incident was our government's fault," Gus Dur said. "I understand
the situation because I once went for a pilgrimage and no government
official informed us about the procedures. Of course, the lack of
information meant that we could go to Mina anytime we wanted ... in
the morning, afternoon or evening," Gus Dur explained during a press
conference at the NU headquarters on Thursday.
..
Several haj pilgrims had claimed that they were never told there was
to be an allotted time for the trek to Mina. Acting Minister for
Religious Affairs Jusuf Kalla claimed that the Saudi government had
scheduled Indonesian pilgrims and other pilgrims from Southeast Asian
countries to go to Mina between 4 p.m and 10 p.m. He claimed that the
incident happened at 9 a.m, obviously with a lot of Indonesians
involved, but the morning schedule had been allocated for pilgrims
from Arab and African countries. The Ministry of Religious Affairs's
Haj Information Office head Nunun Firdaus suspected that Indonesian
group leaders had not informed their fellow pilgrims about the stoning
schedule.
IRAQ
Iraqi Official Wants Law Based on Islam - 10 Feb 04
http://www.diario.com.mx/nota.asp?notaid=c9c70068d73e5a0b3536805fa57e3c21
..
Iraq's current top official has demanded that Islam be the principal
basis for Iraq's laws, a move that breaches a previous agreement among
the framers of the interim constitution and creates the possibility
that Islamic law could rule the land. If approved, the proposal could
have broad effects on secular Iraq, taking away rights of women in
divorce and inheritance cases, shuttering liquor stores and banning
gambling, legal advisers here say. Elements also run counter to
President Bush's goal of turning Iraq into a beacon for democracy in
the Middle East. "There could be changes in the Iraqi state," said
Salem Chalabi, a legal adviser to the Governing Council and a member
of the 10-member committee framing the basic transitional law, which
acts as an interim constitution and is to take effect at the end of
this month. "If someone proposes a law of inheritance that conflicts
with sharia, or Islam, then it´s invalid," Chalabi said. "The
registration of liquor stores may become illegal."
Mohsen Abdel-Hamid, the current president of Iraq's U.S.-picked
Governing Council and a member of a drafting committee, proposed the
change last week. Abdel-Hamid is a Sunni Muslim scholar who heads the
Iraqi Islamic Party, which espouses a conservative view of Islam.
Speaking to reporters on Saturday, Abdel-Hamid said he wants "a
constitution that represents the Islamic identity of the majority of
the Iraqi people, with all the respect due to other identities."
..
Abdel-Hamid's measure would not take away freedom to practice other
religions, but would make Islamic codes the arbiter of future laws,
with exceptions made for minority religions. The proposal sparked what
framers of the law called "heated" discussions. Perhaps the largest
effect would be to moot much of Iraq's 1959 Law of Personal Status,
which grants uniform rights to husband and wife to divorce and
inheritance, and governs related issues like child support, Chalabi
said. Representatives of Iraq's Kurdish and Christian parties, and
those with liberal Western views have voiced opposition to the
Islamization of Iraq's legal code, and the issue remains under
discussion. Women would be most affected, said one opponent.
"If this happens 50 percent of Iraqi society will need to be
liberated," said Younadem Kana, a Christian member of the Governing
Council. "We need to fight for the rights of all Iraqis _ women and
minorities as well."
..
To take effect, the Islamic law proposal would have to be approved by
the framing committee and added to the transitional law, which must be
accepted by the full Governing Council.
..
Saudi cleric criticizes Arab League stand against empowering ethnic,
religious groups http://www.dailystar.com.lb/10_02_04/art23.asp
.. - 10 Feb 04
A leading Shiite cleric in Saudi Arabia criticized Monday a recent
Arab League report that warns of empowering religious and ethnic
groups in Iraq which could lead to destabilizing neighboring
countries. "The saying that granting political rights to religious and
ethnic groups in Iraq would constitute a threat to neighboring
countries indicates a sickness in the Arab political mentality," said
Sheikh Hassan al-Saffar from his office in the mainly Shiite city of
Al-Qatif in Saudi Arabia's Eastern Province.
..
The report, prepared by an Arab League delegation that spent two weeks
in Iraq in December, reflects concern among Arab states that giving
too much authority to Kurdish and Shiite groups would inspire
minorities in neighboring countries to rise up and demand more power.
Iraq Draft Constitution Calls For 40 Percent Women in Assembly
http://www.occupationwatch.org/article.php?id=2880 - 02 Feb 04
..
Members of the United States-appointed Iraqi Governing Council started
debating a proposed constitution for Iraq's interim government.
According to the Washington Post, the plan calls for a three-member
presidency and for at least 40 percent of the assembly and
constitutional convention to be women. The deadline for the
document's completion is February 28. Iraqi officials are expecting
major disagreements and debates over the issues of quotas for women,
the role of religion, and the possibility of federalism, reports the
Washington Post. The legal advisor to the Governing Council, Salem
Chalabi, believes that the quota for women will be reduced to 20
percent. In regards to religion, the proposed constitution states that
Islam will be one source, rather than the sole source, of legislation.
The designation of Islam as only one of the sources is also a source
of contention for the conservative members of the Council.
'Iran, Iraq should remove visa restrictions' - 08 Feb 04
http://www.aljazeerah.info/8%20n/Iran,%20Iraq%20should%20remove%20visa%20restrictions.htm
..
A senior Iranian official said Saturday that Iran and Iraq should
remove visa requirements on each other's citizens as a step towards
improved relations between the two former enemies. "We wish in the
future Iraqis could visit Iran without any problem and vice versa,"
Ali Asghar Ahmadi, an Iranian deputy interior minister in charge of
security, told reporters. Ahmadi is part of an Iranian government
delegation that arrived Friday for talks with Iraqi officials on
border issues and travel between the two countries. It is believed to
be the first official team to visit Iraq since the fall of Saddam
Hussein's regime last year. Ahmadi said about 10,000 Iranians come to
Iraq daily, mostly pilgrims to the holy Shiite cities of Karbala and
Najaf. But Iranian border officials say the number is likely double
with most of the visitors crossing the border illegally before
boarding buses to visit the holy places.
..
Hundreds of thousands of Iranians visited Iraq every year until1980 ,
when the two countries went to war that ended only in1988 . There was
virtually no travel between the two peoples until July 1998 when
Saddam allowed 12,000 Iranians a month to visit holy shrines.
..
In pilgrims' rush, Iraq's shrine city of Najaf sees new fortune - 09
Feb 04 http://www.gulf-news.com/Articles/news.asp?ArticleID=110304
[comment] Al-Sistani's Vision Of Iraq's Political And Religious Future
http://www.rferl.org/features/features_article.aspx?id=3F49ABB3-2FE9-461E-9BEA-6C12E36ADF80&;m=2&y=2004
.. - 05 Feb 04
The sociologist [Faleh Jabar, University of London] says al-Sistani is
often portrayed by the media as a man of spiritual concerns with a
highly ascetic lifestyle. But as one of a handful of top Iraqi Shi'a
leaders regarded as a "marja" -- or "model for emulation" -- by the
faithful, al-Sistani also is the head of one of his community's
richest religious foundations, thought to have assets worth tens of
millions of dollars. Jabar says that, as leaders of institutions with
vast networks of social services, al-Sistani and other top Iraqi Shi'a
clerics are in constant touch with the concerns -- both spiritual and
worldly -- of their community. "Seemingly they are isolated, living
like hermits. But this is a myth," he said. "They have thousands of
students, of novices, of agents, of representatives, and they have the
best feedback in the world. They can feel [the concerns of their
community]. This is an institution that we are talking about. We are
not talking about a person living in a small room." Iraq's religious
foundations, which are supported by contributions from a marja's
followers, fund institutions and services ranging from religious
schools, to dormitories for religious students, to welfare grants to
the needy. Al-Sistani inherited his vast endowment network from the
late Grand Ayatollah Abd al-Qasim al-Khoi, who named him as successor
before his death in 1992.
..
"He issued several fatwas," Jawar said. "First, he said, we will not
have a government like Iran, meaning [theocracy] is not applicable in
the case of Iraq. The Shi'a Islamic parties would like to forget this
[fatwa]. The second fatwa is that he forbade clerics from assuming any
administrative and government office at all." Jabar says these fatwas
were in part motivated by al-Sistani's belief that clergy should not
become part of the political system and thus risk losing their
spiritual authority. But they also may be an effort to balance the
interests of distinct groups within the Shi'a population. These
include a strong middle class of professionals that is uncomfortable
with the Islamist political parties. Tensions between the groups have
risen as Islamist parties have sought to impose dress codes on women
in some parts of southern Iraq where their armed militias hold power.
..
The sociologist says al-Sistani's writings suggest he would be
comfortable with a constitution that enshrines Islam as the state
religion, assures freedom of worship to all communities, and accepts
sharia as just one of several sources of legislation. That is a
position closer to the sentiments of the Shi'a middle classes.
However, al-Sistani also is reported to have said in his religious
rulings regarding personal behavior that men and women should not mix
socially, that music for entertainment is prohibited, and that women
should veil their hair.
KENYA
Parliament and Bomas: Who'll have the last word on review?
http://www.nationaudio.com/News/DailyNation/Today/Comment/News_Analysis080220042.html
.. - 08 Feb 04
As far as Muslims are concerned (North Eastern is predominantly
Muslim), the faction that will win their support is the one that
affirms two issues they hold close to their hearts: The kadhi's courts
as contained in the draft constitution coupled with a promise to
soften the Anti-Terrorism Bill. The fact that Ufungamano dropped the
kadhi's courts from their draft constitution was enough to make the
Muslims pull out of the group.
LEBANON
[opinion] Explaining the addiction to jihad - 05 Feb 04
http://www.dailystar.com.lb/opinion/05_02_04_c.asp
..
Individually, the terrorists I interviewed cited many reasons for
choosing a life of holy war, and I came to despair of identifying a
single root cause. But the variable that most frequently came up was
not poverty or human rights abuses as has been posited in the press
but perceived humiliation. Humiliation came up at every echelon of
terrorist group members leaders and followers.
MALAYSIA
Objections to UN homosexuality view [New Straits Times] - 10 Feb 04
http://beta.yellowbrix.com/pages/beta/Story.nsp?story_id=46878917
..
Legal experts and religious groups today expressed their objection to
the United Nations' threat to punish nations which banned homosexual
activities through a new human rights resolution to be tabled in
April. Bar Council president Khutubul Zaman Bukhari said civil and
syariah laws clearly stated that homosexual behaviour was illegal.
Section 377 (A), (B) and (C) states that any penile penetration
through the anus or mouth is considered carnal intercourse against the
order of nature. An offender could be jailed a minimum of five years
and maximum of 20 years. He said most State Syariah Criminal Offence
laws imposed a RM1,000 fine and a minimum one-year imprisonment for
men who publicly wore women's clothing and posed as women for immoral
purposes.
MP: Issue fatwa on use of mosques near homes - 08 Feb 04
http://www.thestar.com.my/news/story.asp?file=/2004/2/8/nation/7270769&;sec=nation
..
The National Fatwa Council has been urged to issue an edict (fatwa)
for Muslims to perform Friday prayers at mosques near their homes.
Tasek Gelugor MP Datuk Seri Mohd Shariff Omar said yesterday that the
council should issue the fatwa because some Muslims preferred to
perform the Friday prayers at mosques elsewhere which were inclined
towards a certain political party. He said these Muslims did not want
to pray at mosques set up by the Government or with an appointed imam,
thus causing disunity in the community. "The council must issue a
fatwa as the situation will cause a further split if it is not
checked," he said at a ground-breaking ceremony for the RM 2.5mil
[Eur 518.000,-] Merbau Kudung mosque here yesterday. Speaking to
newsmen later, Mohd Shariff said the fatwa should specify those who
pray at mosques of their choice outside their khariah (committee or
area).
NIGERIA
The Death Penalty and Women under the Nigeria Penal Systems
http://www.web.amnesty.org/library/Index/ENGAFR440012004
.. - 10 Feb 04
The new Sharia penal codes which came into force in 12 states(5).in
northern Nigeria since 1999, define someone who has committed zina
as"whoever, being a man or a woman fully responsible, has sexual
intercourse through the genital [sic] of a person over whom he has no
sexual rights and in circumstances in which no doubt exists as to the
illegality of the act" (6). Zina was previously punishable by flogging
for Muslims under the Penal Code. However, in the States that have
introduced Sharia penal laws, zina carries a mandatory death sentence
if the accused is married, while 100 lashes is the mandatory sentence
if the accused is not married. The charge of zina and the punishment
for it prescribed in the law applies to Muslims only. Of particular
interest is that by using the death penalty in this way, other rights
are being violated, such as the right to be free from discrimination,
freedom of expression and association and the right to privacy. While
Amnesty International opposes the death penalty under any
circumstances whatsoever, Amnesty International believes that zina as
a criminal offence for Muslims only negates the principle of equality
before the law and equal protection of the law and the organization
furthermore opposes the criminalization of consensual sexual relations
between people over the age of consent. The application of the death
penalty for zina offences combined with the gender-discriminating
evidence rules within the Sharia penal codes have meant that women
have disproportionately been sentenced to death for zina in northern
Nigeria since the introduction of new Sharia penal codes. Amnesty
International has raised this concern by campaigning on the cases of
Safiya Yakubu Hussaini, Amina Lawal and Fatima Usman. Amnesty
International is aware of at least 11 death sentences handed down
since 1999 by Sharia courts in the States of Bauchi, Jigawa, Katsina,
Niger and Sokoto and in four of these the convicted are women. Three
of these cases concern women accused of zina. Only two men were
sentenced for zina in the same period. (7).s of November 2003, four
people have lodged appeals against their death sentences and are
awaiting dates for a hearing. Two of the women, Safiya Yakubu Hussaini
and Amina Lawal, have had their convictions for zina overturned on
appeal. The most recent woman convicted of zina is Fatima Usman who
received her death sentence in May 2002 by the Sharia court of
Gawu-Babangida, Niger State. Although at present no-one sentenced to
death for zina under the new Sharia penal legislation, has yet had
their sentence carried out, Amnesty International remains concerned
that prescribing the death penalty for the crime of zina is in
violation of international standards including Article 6 of the
International Covenant on Civil and Political Rights (ICCPR), to which
Nigeria is a state party, which states "sentence of death may be
imposed only for the most serious crimes" (8). The organization is
additionally concerned that the practice of prescribing the death
penalty for zina violates the right of women to be free from
discrimination and the rights to freedom of association and expression
and the right to privacy. The definition of zina de facto recognizes
that men have in certain cases, namely marriage, sexual rights over
women. This in itself is a violation of the principle of equality
between the sexes and results in women in reality having less control
over their sex life than men. This social context results in women's
human rights being violated and Amnesty International fears that the
definition in law endorses an unequal relationship between men and
women and leads to men having power over women, denying them the right
to exercize control over their own sexuality and control over their
reproductive rights(9).
..
During a mission to Nigeria in March 2003 Amnesty International
interviewed seven women detained at the Katsina prison, Katsina State,
and found that one of the interviewees had already been convicted of
culpable homicide and sentenced to death by hanging for having had an
abortion. Of the women still awaiting trial, three had been charged
with the capital offences of culpable homicide. Two of the women had
been charged or convicted under the Penal Code and one under the
Sharia penal code of Katsina.
..
A common characteristic of all these cases is that they concern women
from rural low-income backgrounds, and that most of them had conceived
outside a functioning marriage as they were either unmarried,
separated or divorced at the time of their arrest. They had generally
been reported to the police by third parties, including village heads
and neighbours. Two of the interviewees from Katsina State told
Amnesty International that they had had still births in the last three
months of pregnancy, but had been reported for inducing abortions.
None of the women from Katsina State or Sokoto State had legal
representation at the police station at the time of the arrest or
during the investigation/interrogation, or appeared to have been
informed of the reasons for their arrest. Furthermore, several of them
appeared to have signed or thumb-printed confessions they had not
written, as most of them could not read or write, and were apparently
fabricated by the police. Upon charge the women were not kept informed
by the authorities of their rights. Furthermore, medical evidence
which could have been used to exonerate some of them was either never
obtained by the police or in the case of the woman who has been
convicted may have been deliberately excluded by the police in order
to secure a conviction. It is also not clear whether these women have
been charged with the correct offences.
..
Cases attracting the capital punishment, such as zina, are tried by
the lower Sharia courts. The right of appeal to an Upper Sharia court
is guaranteed in all the Sharia criminal procedure codes. For
instance, the Sharia Criminal Procedure Code of Sokoto State
establishes: "Whoever is dissatisfied with the order, ruling, decision
or judgment made by a Sharia Court may appeal to the Upper Sharia
Court sitting in its appellate jurisdiction."(37) The subsequent
appellate court is the Sharia Court of Appeal in each of the 12
states, and if that particular state does not have one the case may be
transferred to the Sharia Court of Appeal in another state. When the
judicial remedies at the state level have been exhausted, the case can
be taken to the Federal Court of Appeal. (38) So far no case has yet
been brought to this level. Finally, the President has the right to
exercize mercy.
..
Under the newly introduced Sharia penal codes(52), the behaviour of
women and men of Muslim faith is now governed by legislation that
defines criminal offences some of which carry the sentence of death by
stoning. The death penalty has been introduced under the hudud for
criminal offences such as zina(53), rape(54), "sodomy" as termed in
Sharia penal codes(55) and incest(56), but also for robbery(57).
Intentional homicide(58) under the qisas category(59) and a few
witchcraft and juju offences under tazir(60) also carry the death
sentence. With regard to the first four offences the convicted is
executed by stoning, however in the latter cases the method of
execution is not specified.
Amnesty International has encountered violations of the right to a
fair trial and due process of women in the context of the offence of
zina within the Sharia penal system. Zina is punishable by death by
stoning if the convicted is married or divorced(61), otherwise by
imprisonment(62) and flogging. Judges in cases of zina do not have any
discretion with regard to the sentences they are handing down; they
are mandatory. One sentence applies if the defendant is married or has
at some point entered a legal marriage, and another one applies if the
defendant is not married and has never been. Partly as a consequence
of the way the evidence rules operate, the number of women sentenced
to death on conviction of zina as compared to men, is
disproportionately high. In the cases known to Amnesty International,
four women and two men have been convicted.
..
Many abortion-related offences are, in the cases known to Amnesty
International, deemed to fall under the capital offence of culpable
homicide under the Penal Code and the Criminal Code. (75) However,
there are also specific provisions for abortion-related offences not
imposing the death sentence under the Penal Code and the Criminal
Code. For example, the Penal Code imposes a penalty of 14 years
imprisonment for a woman causing a miscarriage. (76) Likewise, the
Criminal Code prescribes imprisonment for up to seven years for any
person who attempts to procure an abortion, and up to 14 years for a
woman's own attempt to procure an abortion. However, in all cases of
which Amnesty International is aware, women involved in
abortion-related cases have instead been charged with the offence of
culpable homicide and are therefore subject to the death penalty. (77)
Culpable homicide is defined in Section 221 of the Penal Code.
..
Amnesty International has different human rights concerns with regard
to the Sharia penal system as compared to the Penal Code and the
Criminal Code. Although Muslim women are being discriminated against
on the basis of religion and gender by all three penal legislations,
Amnesty International's main concern is that the death sentence is
applied to offences which are not punishable with the death penalty
under the Penal and Criminal Codes. Hence, a married or divorced
Muslim in the north will be sentenced to death by stoning in the
northern Sharia states if proved guilty of zina, whereas for a Muslim
living in southern Nigeria, where the Criminal Code applies,
consensual sexual relations between people over the age of consent is
not punishable. This negates the principle of universality of human
rights, equality before the law and has a discriminatory effect on
women on the basis of religion, and as already outlined, on the basis
of sex.
..
Amnesty International is concerned that during some trials in Sharia
courts international standards of fair trial and due process are not
upheld. Furthermore, the evidence rules under Sharia penal codes of
procedure in Nigeria, in some cases such as in the Katsina State rules
which are unwritten, have a discriminatory effect on women and make it
more likely than men that they will be convicted of acts of consensual
sexual relations between people over the age of consent. According to
the dominant Maliki interpretation of Sharia in Nigeria, pregnancy is
often considered sufficient evidence to convict a woman for zina. (95)
The oath of the man denying having had sexual intercourse with the
woman is considered sufficient proof of his innocence unless four
independent and reputable eye-witnesses declare his voluntary
involvement in the act of sexual intercourse.
..
The age when a person reaches taklif is flexible under Sharia penal
law, and is defined as the age at which a person attains legal and
religious responsibility. (99) This is commonly regarded as being the
age of puberty and is therefore widely variable. Young girls and boys
therefore face no dispensation when faced with being charged and tried
for capital offences, contrary to the ICCPR and the Convention on the
Rights of the Child which prohibits the use of the death penalty on
those who were under 18 years of age when the act was committed.
..
In all cases known to Amnesty International of women tried for capital
offences under the Sharia penal legislation in northern Nigeria, the
accused had no access to legal representation during their first
trial. The Sharia codes of criminal procedure and the Sharia penal
codes introduced in some of the states does not make explicit mention
of the right to legal representation of every accused who is being
tried. For example, the only provision on legal defence in the Sharia
criminal procedure code of Sokoto is: "A legal practitioner shall have
the right to practice in the Sharia courts in accordance with the
provisions of the Legal Practitioners Act, 1990" (100), but the code
does not guarantee the right of the accused to have access to a legal
practitioner.
..
The majority of death sentences for zina are handed down to women. One
of the reasons for this is that in relation to the weight of evidence
women and men are subjected to different requirements. According to
scholars under the Maliki school of thought, but which appears to be
contrary to some interpretations of the Qur'an, pregnancy is often
considered sufficient evidence to condemn a woman for zina. However,
the mere fact of her being pregnant does not mean that she has
committed zina. Pregnancy can also occur as a result of non-consensual
or coerced sexual relations. Amnesty International is concerned that
the Sharia penal law in its application in Nigeria does not allow
protection from assault for women.
..
Another problem with evidence in relation to women under the Sharia
penal codes, is the issue of confession as evidence. According to the
Evidence Act(107) used in conjunction with the Penal Code, a
confession is not deemed to provide sufficient evidence to secure a
conviction. However, under the Zamfara Sharia criminal procedure code
for example, a confession in the absence of any corroborative evidence
can be used to secure a conviction. Although both systems of criminal
procedure impose formal duties on the police and courts to ensure that
all evidence is obtained free of duress, the reality is that there is
a long history of torture and ill treatment of people in custody by
security forces across Nigeria and reports of pressure exercized by
state-endorsed vigilante groups in order to enforce the new Sharia
penal legislation(108).
..
The Sharia criminal procedure codes in Nigeria vary in their
requirements regarding the number of judges which make up properly
constituted courts and which can conduct the hearings and pass
sentences in criminal, including capital, cases in the lower Sharia
courts. On appeal the requirement is generally for three judges to
hear a case. When a case is heard by one sole judge in the lower
Sharia courts this raises the concern of a potential lack of
guarantees for adequate safeguards of fair trial standards. Amnesty
International fears that this could also distort the impartiality of
the courts. Furthermore, judges ruling in capital cases are often the
same judges who adjudicate in civil matters and have rarely received
adequate training to judge criminal matters under the new criminal
procedures. (110)
..
5. Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger,
Sokoto, Yobe, and Zamfara.
6. Each state shares a similar definition of zina, see for example
Section 121 of The Sharia Penal and Criminal Procedure Codes 2002 of
Kaduna State.
7. Two of the men allegedly involved in these cases were acquitted, on
the basis of swearing on the Qur'an and for 'lack of evidence'. They
are Yahaya Muhammad in the case of Amina Lawal and Yakubu Abubakar in
the case of Safiya Yakubu Hussaini.
..
37. Section 233(2)(a) the Sharia Criminal Procedure Code Law 2000 of
Sokoto State.
38. If the person does not appeal the case to the Federal level he/she
can turn to the State Governor who can exercize his prerogative of
mercy to commute the sentence.
..
52. It should be noted here that to date Amnesty International has not
been able to acquire all Sharia penal codes and criminal procedure
codes of the states which have introduced Sharia penal codes. The
reason for this is twofold; firstly, acts are not always properly
published, and secondly, the ones which are not necessarily made
available to the public. Hence we refer to the codes which Amnesty
International has access to. These are from the States of Kaduna,
Kano, Katsina (the Law to make Provision for the Establishment of
Sharia Courts and related matters Law No. 5 of 2000 and the Law to
provide for the Adoption of Islamic Penal System for the State Law No.
6 of 2000), Sokoto and Zamfara.
53. Sections 126 and 127 of the Sharia Penal Code Law 2000 of Zamfara
State; 128 and 129 of the Sharia Penal Code Law of Sokoto State;
Sections 121 and 122 of the Sharia Penal and Criminal Procedure Codes
2002 of Kaduna State; and Sections 124 and 125 of the Sharia Penal
Code Law 2000 of Kano State.
54. Note that the death sentence is applied if the defendant is
married and the subject for the act is somebody else than the spouse.
Hence, rape within marriage is not a criminal offence within the
Sharia penal system. Sections 128 and 129 of the Sharia Penal Code Law
2000 of Zamfara State; Sections 130 and 131 of the Sharia Penal Code
Law of Sokoto State; Sections 123 and 124 of the Sharia Penal and
Criminal Procedure Codes 2002 of Kaduna State; and Sections 126 and
127 of the Sharia Penal Code Law 2000 of Kano State.
55. Sections 130 and 131 of the Sharia Penal Code Law 2000 of Zamfara
State; Sections 132 and 133 of the Sharia Penal Code Law of Sokoto
State; Sections 125 and 126 of the Sharia Penal and Criminal Procedure
Codes 2002 of Kaduna State, note that according to the Sharia Penal
Code of Kaduna the act of "sodomy" is defined as "whoever has anal
coitus with any male person is said to commit the offence of sodomy";
and Sections 128 and 129 of the Sharia Penal Code Law 2000 of Kano
State, where the act is sanctioned by death by stoning if the
defendant is or has been married. In Kano the Sharia penal code
defines "lesbianism" as "whoever, being a woman, engages another woman
in carnal intercourse through her sexual organ or by means of
stimulation or sexual excitement of one another commits the offence of
lesbianism" and is sanctioned in the same way as "sodomy", see
Sections 183 and 184 of the same code.
56. The death penalty applies if the defendant is married, see
Sections 132 and 133 of the Sharia Penal Code Law 2000 of Zamfara
State; Sections 134 and 135 of the Sharia Penal Code Law of Sokoto
State; and Sections 127 and 128 of the Sharia Penal and Criminal
Procedure Codes 2002 of Kaduna State.
57. Note that for robbery to be punishable by the death penalty the
defendant must have caused death in the process of the robbery. See
Sections 152 and 153 of the Sharia Penal Code Law 2000 of Zamfara
State; Sections 154 and 155 of the Sharia Penal Code Law of Sokoto
State; Sections 147 and 148 of the Sharia Penal and Criminal Procedure
Codes 2002 of Kaduna State; and Sections 139 and 140 of the Sharia
Penal Code Law 2000 of Kano State.
58. Sections 199 and 200 of the Sharia Penal Code Law 2000 of Zamfara
State; Sections 201 and 202 of the Sharia Penal Code Law of Sokoto
State; Sections 192 and 193 of the Sharia Penal and Criminal Procedure
Codes 2002 of Kaduna State; and Sections 142 and 143 of the Sharia
Penal Code Law 2000 of Kano State.
59. Qisas in short means the right of relatives to choose that a
deliberate offender be punished in the same manner as his or her act,
in certain cases of murder or grievous bodily harm.
60. Exemplified by offences relating to ordeal, witchcraft and "juju"
(Sections 408-413) in the Sharia Penal Code Law 2000 of Sokoto State,
and Sections 405-409 of the Sharia Penal Code Law 2000 of Zamfara
State.
61. The word zina, both in general use and as a term defined in the
Sharia penal codes does not accurately translate as "adultery". Zina
is intended to cover consensual heterosexual relations where neither
partner is married, where one or both are married to another, or where
one or both are divorced. The punishments vary according to marital
status.
62. Under the Kaduna State Sharia Penal and Criminal Procedure Codes
2002, Section 122 unmarried women can only be sentenced to flogging,
whereas unmarried men are both sentenced to flogging and imprisonment
for zina.
..
108. In the judgment in the case of Amina Lawal, the Sharia Court of
Appeal in Katsina State has stated that they do not consider pregnancy
outside marriage alone to be sufficient proof of zina and cites an
unknown source which claims that a divorcee can be said to be pregnant
for five years after divorce.
PAKISTAN
222 women await trials in NWFP jails - 09 Feb 04
http://www.dailytimes.com.pk/default.asp?page=story_9-2-2004_pg7_20
..
As many as 222 female under-trial prisoners are languishing in various
jails of the NWFP, including 83 of them detained under Zina
Ordinances. .. Among the 94 convicted female prisoners, 13 of them
are imprisoned under the Zina Ordinances. Sources said 74 children
were accompanying their detained mothers in various jails and eight of
them attend school regularly.
..
Among the 94 convicted prisoners, 14 are detained under murder cases,
60 under narcotics smuggling cases, 13 under Zina Ordinance, 4 under
robbery/abduction cases, and 3 are detained under sections
107/151/55/109 of the PPC.
RUSSIA
Russian Islam - 05 Feb 04
http://www.kavkazcenter.com/eng/article.php?id=2353
..
It must be mentioned that as a rule, Russian Muslims are young
energetic people, whose communities are scattered all across various
cities of Russia. Up until recently, Karelia Muslims (in Northwestern
Russia) have been considered to be most active thanks to the
missionary work of Abu Ahmad Mustafa (Oleg Starodubtsev). There are
all reasons to believe that the number of Russian Muslims will not be
just increasing, but it will be multiplying at the rapid rate. There
are all prerequisites necessary. Russians can now freely get
familiarized with the translations of the Holy Quran, among which
there is the poetic translation of 1991, made by ethnic Russian Muslim
woman Iman (Valeria) Porokhova. If in the past people in the mosques
of Russia were speaking the languages of ethnic Muslims, today they
are speaking Russian to one another. Many Russian Islamic mass media
have appeared, some of them are owned by Russian Muslims. For example,
www.koran.ru website by Shamil Matveev or www.islam.ru by Ali Polosin.
Little by little the misunderstanding that Islam is an attribute of
the cultures of Russia's ethnic minorities and a symbol of their
national identity is disappearing.
SAUDI ARABIA
Kuwaiti criticises Saudi plan to expand stoning site - 06 Feb 04
http://www.middle-east-online.com/english/saudi/?id=8800
..
The death of pilgrims while stoning the devil during the annual Muslim
hajj pilgrimage could best be avoided by raising peoples' awareness of
the risks and not by expanding the site of the ritual as proposed by
Saudi authorities, a Kuwaiti official was quoted Friday as saying.
But a senior Saudi cleric said educating pilgrims about hajj rituals
is the responsibility of their governments.
..
A plan drawn up by the Custodian of the Two Holy Mosques Institute for
Hajj Research and the ministry of municipal and rural affairs
envisages boosting the capacity at the stoning site "from 160,000
pilgrims to 500,000 pilgrims per hour," according to the institute's
dean Osama al-Bar. The kingdom's influential Council of Senior Ulemas,
or religious scholars, endorsed the project Thursday.
UK
Long waiting lists at Islamic schools in Britain - 07 Feb 04
http://straitstimes.asia1.com.sg/world/story/0,4386,233985,00.html%3F
..
Such institutions often offer both Islamic classes and a broad secular
curricula for students aged between seven and 18. Compulsory subjects
include English, English literature, maths, science, geography, art,
Arabic studies, Islamic studies, Islamic history and information
technology. Other than Arabic-language classes, all other classes,
including Islamic studies, are taught in English. Mr Ibrahim Hewitt,
former director of the Association of Muslim Schools, told The Straits
Times that over the past decade, the number of Islamic schools had
grown by more than five times - from about 20 to more than 100 now.
Their increasing popularity is clear from long waiting lists all over
the country.
..
Mr Ibrahim put it more starkly: 'There is an increasing awareness
among parents of the success of Islamic schools, and an increasing
disillusionment towards state schools.' He recounted how a teacher in
a state school told a school inspector that he was proud of having
persuaded a number of Muslim students not to fast during Ramadan. 'The
fact that such things can happen after so many years is telling,' he
said. As students take the GCSEs and A levels like those who go to
state schools, they can go on to universities without problems.
London Islaamic Conference Review: "Salafiyya" Onslaught - 04 Feb 04
http://www.jihadunspun.com/intheatre_internal.php?article=93547
..
Sunday the 18th January 2004, saw one of the largest gatherings in
London this year of Muslims professing the ideas of authentic-
Salafiyyah according to the understanding of Ahl Al Sunnah Wal
Jama'ah. The key note speaker was Sheikh Omar Bakri Muhammed, Judge of
the Shariah Court of the UK and worldwide supreme leader of
Al-Muhajiroun, an Islaamic group within Ahl Al Sunnah Wal Jama'ah.
[the people who most correctly follow the teachings of the Prophet of
Islaam] The conferences aim was three-fold, to act as a Statement and
Clarification of authentic Salafiyyah, its true concepts and
principles and to distinguish that from the fake Salafiyyah of the
Saudi Government. It also attempted to examine the call and the works
of the great Imaam, Sheikh Muhammad ibn Abdul Wahhab (rh). It also
examined the affect this call had as a driving force behind the
activities of the greatest of the magnificent contemporary mujahideen
and martyrs in the universal revival of Islaam across the world, since
the destruction of the Islaamic Khilafah State in 1924 at the hands of
the Taghout.
..
In other words, the first step on the road to becoming a monotheist is
the complete and total rejection of any form of Taghout. The word
Taghout was defined as: "Any thing that is worshipped (Ma'boud), any
thing that is obeyed (Mutaa') and anything that is followed (Matbou')
instead of Allah, is Taghout" [Hadith Mowqouf of Ibn Masood]. ..
Examples cited included: Ahl ul-Hawaa (the people of rational desires)
whose criteria of judgment for right and wrong comes from their own
weak and limited minds and is not based on the Shariah (Islaamic
laws); the rulers (hukaam) in the Muslim world who do not rule by
whatever Allah has revealed as legislation, and instead implement
man-made laws; the parliaments in the world who legislate law
(majaalis ash-shaab) and usurp the right of Allah; the United Nations
(ummah mutahhida); the kufr and nationalistic parties existent in the
Muslim and non-Muslim world’s e.g. the U.K. Labour party or
Conservative Party, the UK based Muslim Council of Britain (MCB), the
U.S. Republican and Democratic parties, the US based Islaamic Supreme
Council (Haqqani branch), CAIR; Human Rights (al-insaneeyah); the
nation-state concept and nationalism (al-qawm'u wal qawmiyyah); the
majority of the people (sawaad al-a'tham) amongst others.
..
The conference reaffirmed the Islaamic view that the world was divided
into two distinct camps. The camp of Haq (Truth) characterised by
Islaam Tawheed and Eemaan, and the camp of Baatil (falsehood)
characterised by Kufr Bid'ah and Shirk. [..]
USA
[Chicago] Hard-liners won battle for Bridgeview mosque - 08 Feb 04
http://www.chicagotribune.com/news/specials/chi-0402080265feb08,1,7392742.story
[Indiana] Appointment of Muslim scholar causes unease in US
http://nzz.ch/2004/02/08/english/page-synd4700038.html - 08 Feb 04
..
The controversial Swiss Islamic scholar, Tariq Ramadan, has accepted a
professorship at Notre Dame University in the United States. The
Catholic college says the accusations of anti-Semitism levelled in
France against the Muslim philosopher are unfounded. Ramadan, who
currently teaches in Geneva, will begin his teaching and research
duties at the university in South Bend, Indiana, in the new academic
year.
..
Notre Dame is standing by its new professor, who will take up the Luce
chair for religion, conflict and peace-building at the Kroc Institute
for Peacebuilding. "We are convinced Ramadan's calls for non-violence
and dialogue between religions are genuine," Julie Titone, a
spokeswoman at Notre Dame, told swissinfo. Notre Dame is one of the
better-known Catholic universities in the US, ranked in the top tier
of national colleges.
..
The scholar was branded an anti-Semite after he accused French Jewish
intellectuals in October of supporting war in Iraq to bolster Israel's
interests – despite having publicly taken position in the past against
anti-Semitic acts. His speeches all over the country attract many
young, and often disenfranchised, Muslims from France's poorer
neighbourhoods. Tapes of his talks sell by the thousands. Ramadan's
central message is that Islam and European society are not mutually
exclusive. He wants Muslims to integrate fully and learn from Europe,
while remaining rooted in their religion. Critics have their
misgivings about Ramadan's philosophy though, saying that he doesn't
have anything to offer to Muslims who choose not to practise their
religion.
..
Doubts also persist about his position on Sharia law, the Islamic
legal system. His elder brother, Hani, director of Geneva's Islamic
centre, was fired from his public teaching job after he told a French
newspaper that stoning a woman for adultery was acceptable. Ramadan
has so far only called for a moratorium on stoning. He has also become
embroiled in the debate over young women wearing headscarves at French
government schools.
WORLD REGIONS
Female Circumcision Not Obligatory: Qaradawi - 07 Feb 04
http://www.islam-online.net/English/News/2004-02/07/article06.shtml
..
Female circumcision is not obligatory in Islam, a leading scholar said
Saturday, February 7, as the international day against the practice
was marked by calls of zero tolerance. More than 130 million women
around the world have undergone the procedure as female circumcision
is still performed every year on 2 million girls, United Nation's
Children's Fund (UNICEF ) said on the first anniversary of the
International Day of Zero Tolerance of Female Genital Mutilation and
Cutting (female circumcision).
..
Islamic scholar Sheikh Youssef Al-Qaradwi asserted that the practice
is by no means obligatory in Islam. "Muslim countries differ over the
issue of female circumcision; some countries sanction it whereas
others do not. Anyhow, it is not obligatory," Qaradawi said in an
edict published by IslamOnline.net. Qaradawi said that "whoever
chooses not to do it is not considered to have committed a sin for it
is mainly meant to dignify women as held by scholars". He said that
some scholars even hold that whoever finds that some Muslims have
stopped practicing male circumcision should force them to revert to
the procedure. But there is nothing in the Islamic sources, either
the Qur'an or the Sunnah, to suggest that it is a prescribed ritual of
initiation for women in Islam, Sheikh Ahmad Kutty, a senior lecturer
and an Islamic scholar at the Islamic Institute of Toronto, Canada,
said in a separate edict.
..
Female circumcision - or Female Genital Mutilation (FGM) as UNICEF
calls it - is practiced in 28 African countries as well as in Asia
(Indonesia) and the Middle-East (Yemen), according to the U.N.
organization. But the procedure is also increasingly found in Europe,
Australia, Canada and the USA, primarily among immigrants from these
countries, it added. .. UNICEF further said that at current rates,
by2010 , sixteen million more girls will be cut. So far, only 14 of
the overall 53 African countries have adopted laws banning the
practice, Amnesty International said in a separate release.
..
The immediate and long-term health consequences of female genital
mutilation vary according to the type and severity of the procedure
performed. Immediate complications include severe pain, shock,
hemorrhage, urine retention, ulceration of the genital region and
injury to adjacent tissue. Long-term complications include and
recurring urinary tract infections, the group said. Other diseases
could also show up as pelvic infections, infertility (from deep
infections), scarring, difficulties in menstruation, fistulae (holes
or tunnels between the vagina and the bladder or rectum), painful
intercourse, sexual dysfunction, and problems in pregnancy and
childbirth (the need to cut the vagina to allow delivery and the
trauma that results, often compounded by re-stitching).
FINANCE
Islamic financial services awards for HSBC - 09 Feb 04
http://www.tradearabia.com/routes/sections/News.asp?Article=64215
..
HSBC has been recognised as best international provider of Islamic
financial services and best international Sukuk House in Euromoney's
2003 Islamic Finance Awards. In selecting HSBC, the magazine said:
'The breadth of services and the respect with which it is held in both
Asia and the Middle East meant that the award was won by HSBC, which
has not only developed a comprehensive range of products and services
at its Islamic division, Amanah Finance, but has also marketed them
aggressively through its global banking network. Significantly, it is
selling its Islamic products to non-Islamic as well as Islamic
customers.' For the sukuk award, the magazine said: 'This award has
gone to HSBC for the highly professional management of its deal for
Qatar, with which it built on an already strong reputation gained when
it issued the first sovereign sukuk for Malaysia.' HSBC's work on the
Government of Malaysia sukuk in 2002 was previously recognised by
Euromoney, as Best Asian Sovereign Bond, and by Institutional
Investor, which named it Deal of the Year, reflecting the pre-eminence
of HSBC Amanah Finance in the provision of Islamic financial services.
[*] Copyright: In accordance with Title 17 U.S.C. Section 107 -
http://liimirror.warwick.ac.uk/uscode/17/107.html - this material is
distributed without profit for research and educational purposes. If
you wish to use copyrighted material from this list for purposes that
go beyond 'fair use,' you must obtain permission from the copyright
owner. [USA: http://www.law.cornell.edu/uscode/17/107.html]
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