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News and Comment Justice for Some and Justice for All

  • Published in Politics
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News

A Quebec judge has reportedly refused to hear a woman's case because she wouldn't remove her hijab. The CBC said it obtained an audio recording of proceedings that occurred in the courtroom of Judge Eliana Marengo on Tuesday (24th February). On the recording, the CBC reports that Rania El-Alloul told the judge she is a Muslim, but Marengo told her she could either remove her headscarf or ask for a postponement in order to consult a lawyer.

Marengo told El-Alloul that hats and sunglasses are not allowed and she didn't see why a hijab is any different. El-Alloul said she couldn't afford a lawyer so the case has been adjourned indefinitely.

According to a story on the CBC's website, El-Alloul was before the court trying to get her car back because it was seized by the Quebec automobile insurance board. In an interview with the CBC, El-Alloul said she couldn't believe what was happening. "I felt that I'm not Canadian anymore," she said. "When I swore by God to be a good Canadian citizen I was wearing my hijab."

Comment

Judge Eliana Marengo is heard telling Rania El-Alloul that the courtroom is a secular place, and that she is not suitably dressed. While Rania El Alloul expresses shock at what happened to her, it is unfortunately becoming a normal occurrence where Muslims are singled out for their ideas which manifest in different forms including the Muslims woman's dress code. Muslim minorities in the West are living in times of acute suffocation for their beliefs and at times it may feel as if nothing will satisfy host states bar leaving ones belief. As we live in a climate where Islam and its symbols are looked at with disdain it is upsetting but to be expected that anyone whether an average fellow citizen or those in positions of authority will show their negativity towards Muslims. This could be outright physical attacks, verbal abuse or making day to day tasks full of unnecessary procedural barriers.

The Western societies struggle with minorities as all apply a secular man-made system and all have inherent flaws including how to deal with every one of their citizens in a fair way. On the one hand, they boast of inclusivity but on the other, they push Muslims to the sidelines. Instead of looking down on Muslims and Islam, they should take lessons from Islamic history which has many amazing example of how minorities were treated.

The non-Muslim citizens of the state were referred to as Ahl al-Dimmah literally meaning "protected person". By giving a head tax, the non-Muslim citizen was afforded the same basic rights of everyone and further given protection of life, property and honor.
Islamic laws related to social and penal matters are equally implemented on all citizens of the Khilafah "Caliphate" state as people are viewed from the human aspect, not on racial, tribal or sectarian basis; this produces a positive and harmonious society where citizenship does not just mean a document and oath taking ceremony. Where there are legal proceedings a Qadi (judge) cannot judge with prejudice and s/he is as accountable as the person standing before them to Allah (swt).

Allah (swt) says:

((لَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا ۚ اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰ ۖ وَاتَّقُوا اللَّـهَ ۚ إِنَّ اللَّـهَ خَبِيرٌ بِمَا تَعْمَلُونَ))

"And let not the enmity and hatred of others make you avoid justice. Be just; that is nearer to piety and fear Allah. Verily Allah is Well-acquainted with what you do". [Surah al Ma'idah: 8]

In the Islamic state the treatment of minorities isn't left to chance and whims of individuals infected by deeply held prejudices but rather taken as a serious amaanah (responsibility).
The Messenger of Allah saw said:

«من آذى ذميا فأنا خصمه، ومن كنت أنا خصمه، خصمته يوم القيامة»

"He who harms a Dhimmi, I am his adversary, and if I am his adversary, I will be against him in the Day of Judgment."
And the Muslim jurist Saha al-Deen al-Qarafi has stated:

"The covenant of protection imposes upon us certain obligations towards the "ahl al-dhimmah". They are our neighbors, under our shelter and protection upon the guarantee of Allah, His Messenger (peace be upon him), and the religion of Islam. Whoever violates these obligations against any one of them by so much as an abusive word, by slandering his reputation, or by doing him some injury or assisting in it, has breached the guarantee of Allah, His Messenger (peace be upon him), and the religion of Islam." (from the book Al-furuq by al-Qarafi.)

Only in the Khilafah "Caliphate" State will we see that the rights of all citizens will extend beyond mere ceremonies and documents. Each citizen will have the right to fair treatment despite their beliefs or background and the state mechanisms as well as the overall atmosphere of society will not tolerate the prejudices as are faced by Muslim minorities in secular states today.

 

Written for the Central Media Office of Hizb ut Tahrir by
Nazia Rehman - Pakistan

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News and Comment Freedoms and Secular Liberal Values Oppress Afghan Women

  • Published in News & Comment
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News:

On 25th February 2015, Agence France-Presse, (AFP) reported a news story titled ‘Afghan female stars defy clerics' pressure'. It reported that the 29-year-old singer is a judge on worldwide hit series "The Voice" that launched in Kabul in May, immediately attracting huge audiences and an array of angry critics. As a symbol of female independence in a strictly conservative Islamic country, Aryana receives regular death threats and lives in fear of being kidnapped by religious extremists. On the set outside Kabul where the show is filmed for private channel Tolo TV, armed guards outnumber contestants and have machine guns held at the ready. "I'm here to make a difference for women," Aryana told AFP. "I want women to have rights, to talk freely, to walk freely, to be able to go shopping when they wish. "I'm not saying that they have to take their clothes off, or even remove their head scarves. Freedom is being able to live as a human being." "Kidnapping is something to keep in mind all the time. You'd rather die than be kidnapped. I don't get out a lot." She said. One young Afghan actress, Benafsha, was stabbed to death last year, and some religious hardliners recently declared a jihad against popular reality shows based on Western hits such as "The X-Factor" and "Pop Idol". One lawmaker calling for the programmes to be banned branded them "blasphemous and vulgar".

 

Comment:

Afghan women have seen decades of war in their homes, villages and cities, killing their kith and kin since 1979.  Then after the invasion of America and her allies in 2001, the women and children were the most affected part of the society, when they faced Carpet-bombing and Daisy Cutters bombings, all in the name of freedom, democracy, women rights, women empowerment and progress. Today after 14 years of US occupation of Afghanistan, the Afghan women are the most vulnerable ones, with no protection of their rights of life, honor and property. The years of Imperialist rule, under Democracy and freedoms has given nothing but more misery to them. The Western Liberal and Secular Powers are trying to portray the Afghan women as victims of Islamic practices like veil, forbiddance of free mixing between men and women, rules of segregation, requirement of ‘mahram' for a women travelling for more than 24 hours and the likes. However, the question is that under the US rule, none of these practices were being forcefully implemented upon the women, rather the people of Afghanistan are voluntarily following Islamic laws regarding social system of Islam in most cases; then why have the liberal and secular values being so fearlessly pushed down the throats of Afghan women since 2001, unsuccessful in saving the women? The western media also in collaboration with the occupiers happily links all un-Islamic tribal practices like killing women on basis of doubt or only if she goes out of the house, with Islamic laws, doing a media trial of Islamic rules  regarding women. This trial is done irrespective of the fact that the system that Afghan women are living under since more than 90 years is everything other than Islam.

Traditionally, Afghanistan has had a long history of Islamic Rule that dates back to the seventh century CE; under which the system of Islam along with the judicial, social and education systems of Islam were fully implemented. These laws guaranteed the protection of women against all sorts of non-Islamic cultural traditions, as well as the criminal behaviors of anyone who tried to transgress the limits of Allah (swt). In fact, the first Afghan ruler who tried to import Western ideas and spread them in this country was King Amanullah Khan who ascended the throne of power in the wake of the recovery by the Afghan people of their freedom from the English as a result of the great Jihad in the cause of Allah Almighty in 1919 CE. He visited Europe in 1927 and after a seven month tour he returned to Afghanistan with a plan to secularize and ‘modernize' the country, banning veil, opening co-educational institutions, calling German teachers to instruct girls in Kabul, issuing instructions forbidding multiple wives for officials and abolishing underage marriage and setting the age for legal marriage from 18 to 24 years. These and more such actions were never accepted by the Afghan women as they clearly contradicted Islam and the orders of Allah (swt).

The Afghan women have now become the victims of freedoms under the Capitalist Liberal system that has violated her honor in the name of freedom of expression by portraying her as a commodity and object in advertisements, dramas and music shows. They have become the victim of personal freedom that has given the culprits and criminals right to fulfill their evil desires whenever and however they can. They have been humiliated by the US and its allies in the so called war of terror, being persecuted, living under extreme conditions of poverty along with their families and kids not even having access to clean water and health facilities. So what has the Liberal and Secular Occupier done for the Afghan women, except arranging obscene television shows and thumping the old drum of ‘women empowerment'?  The reality is that the western model has failed not only in Afghanistan but all over the world, and the only feasible alternate available is the one that has 1300 years of experience of protection of life, honor, dignity and property of women. That is no doubt the system given to us by our Creator, Allah (swt), the system of Khilafah "Caliphate". This is the only solution to the problems of Afghan women and men, as the Khilafah "Caliphate" would not only guarantee the basic rights of food, shelter, clothing, health and education to women, as it always had, but also provide all opportunities to them to excel in any field of life they wish, without misusing her feminity and treating them as intellectual beings.

In Qur'an, Allah (swt) admonishes those men who oppress or ill-treat women:

يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَاء كَرْهًا وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا

"O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the dowry you have given them - except when they have become guilty of open lewdness. On the contrary live with them on a footing of kindness and equity. If you take a dislike to them, it may be that you dislike something and Allah will bring about through it a great deal of good". [TMQ 4:19]

 

 

Written for Central Media Office Hizb ut Tahrir by

Ammara Tahir

Member of Central Media Office Hizb ut Tahrir

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THE WEST SUFFERS SHARIA-PHOBIA AND TUNNELVISION SYNDROME AGAINST THE IMPLEMENTATION OF ISLAMIC SHARIA LAW (Responding to the Controversy over Aceh's Sharia Local Laws - Part 1)

  • Published in Analysis
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The issue of Aceh and its implementation of some Islamic Shariah Laws is always very seductive for the media, especially when it comes to women's issues. Somehow if there's any rumor about the implementation of Sharia law in Aceh, the liberal media - national and international- become so obsessed and lustful to publish it complete with additional flavors of their anti-Islamic view.

Alleged human rights violations caused by the controversial Sharia law in Aceh - made the Delegation of European Union (EU) visit the Verandah of Mecca on June 17. The EU Ambassador, Olof Skoog, expressed his concern related to the alleged human rights violations against women under the implementation of Sharia law in Aceh. Olof Skoog also accompanied by the ambassadors of the Czech Republic, Denmark, Germany, Italy, and Sweden. He was trying to deeply emphasize the fulfillment of women's rights in the implementation of Sharia, in a forum with the Governor of Aceh, Zaini Abdullah, local human rights activists, and members of the House of Representatives of Aceh (DPRA). Then during October and November 2014, Indonesia National Commission for Women released a report as many as 365 local regulations which assessed discriminate against women, one of which is Qanun Jinayat in Aceh which is a breach of women's human rights. Foreign media such as CNN even did a special coverage proclaiming how Qanun Jinayat Islamic and other Islamic local regulations in Indonesia have been crippling the rights of women. The frequent reports about Islamic Law in Aceh, certainly raises the question in mind; is this Sharia law in Aceh so problematic against women? Is it true that the Islamic Sharia discriminate against women?

This article will try to answer them in two parts. The first part will discuss the Sharia-phobia suffered by the West that has been aggressively attacking the implementation of some Sharia laws in Aceh, which contrasts with the failure of the Western ideology to resolve its mountains of domestic issues on women; and will assert that human rights is NOT the standard that can and should be used to evaluate the implementation of Islamic law which has strong historical roots in Aceh, where Islam has contributed a great deal in ensuring degrees and honors the women of Aceh for centuries. While the second part will describe the dangers of localized and partial implementation of Shariah as seen in Aceh, this practical application essentially is such a Western strategy to entrap Muslims who have a noble spirit to implement Sharia and to hijack the Islamic awakening in order to subjugate to the secular democratic system.

Outbreaks of Western Sharia Phobia and Chronic Myopia Vision

A horrendous incident which happened in mid-May last year in Langsa Aceh where an Acehnese woman, gang-rape victim, that was sentenced to flogging by the Sharia police in Aceh, to be an example of how national and international media highly disproportional exposing it, such as Kompas, The Jakarta Globe, the Daily Mail (UK), and The Age (Australia) reported the news simultaneously on May 6, 2014, with very tendentious and provocative headlines. For example, the headline in Kompas: "Gang-raped by Eight, This Woman Will be Flogged by Sharia Police". Also, the title in The Age: "Aceh woman, gang-raped by vigilantes for alleged adultery, now to be flogged". Recently an Australian media The Sydney Morning Herald back in criticize this case since eight months after the rape occurred; the police still have not found the five perpetrators of rape. The critic delivered in an article entitled "Aceh's Sharia Law: Raped and beaten; then formally whipped", published on January 9, 2015. Anyone who read such titles will be misunderstood and negatively judge of Islamic law.

The frenzy liberal media have exposed this issue and seemed to ignore the rules of journalism on the empirical chronology, where the case actually represented two different cases that were originated from the caught of an affair between a young widow and a middle-aged man by eight young men. Instead of deliver the case to the Sharia police, the men raped her in turn. On the basis of the legal facts, Head of Islamic Law of Langsa - Ibrahim Latif stated that adultery and rape cases were divided into two separate cases. For rape, he said, was handled by the police for a criminal offense. Criminal penalty for rape is a maximum of 15 years.

If we pay close attention, the West's exaggerated and over-exposed propaganda against Sharia law in Aceh, whether committed by elements of the media or political institutions - in fact, reflecting a form of their paranoia of Islamic law and the awakening of Muslims. Obviously, they are suffering Sharia-phobia. They keep trying to criticize and find faults with those who still cling to the glory of Islamic law and who do not agree with the flawed ​​liberal secular values. The West fears that Muslims will re-implement Islamic law that will become the key to victory, glory, and security for the Muslims even for the whole world. Islamic Sharia made by Allah (swt) that is implemented thoroughly and fairly will be able to resolve all the problems of the humankind.

On the other hand, Sharia-phobia has a strong side-effect for the West i.e. a chronic tunnel vision which blinds them in seeing their own cancerous society. Analog with a Malay proverb, "An ant across the ocean is seen, but not the elephant nearby", the West needs to look in the mirror before pointing the face of Muslims in Aceh. Recently a British survey has revealed that attacks against Muslims are on the rise in the UK, with an average of two Islamophobic crimes reported daily. In addition, the data revealed that 54 percent of the victims of Islamophobia were women, as they wearing visibly Muslim clothing. All of this compiled by academics at Teesside University with 734 incidents, only between last May and February 28, 2014. The release of the survey came just days after Nahid Almanea, a Saudi Arabian student, was stabbed to death in Essex, northeast of London. So the truth is that the West is truly a major importer of women's problem into Muslims countries and also the ringleader for liberal society creation which is insecure for women. Top ten countries with highest rape crime against women are dominated by North American and Europe countries. This phenomenon is a clear evidence that human rights and democracy are just mere political commodities to control the Muslim countries, but not for their own countries.

What a chronic myopic vision! Because the cancerous systemic damage in Western society often only seen as a minor case and the media only blamed "individuals", contradictory if the incident had happened to a Muslim country (especially the one which implement local Sharia law), they would pointing and blaming collectively the Shari'a "System" and the Muslim Ummah. This is truly a disgusting opinion theater played by the West and its liberal media networks. They are more concerned with the deprivation of a very few women's rights to drive cars in Saudi, but turn a blind eye to the mass discrimination and criminalization of Muslim women in their own countries. They are also more interested in the education right of a single person Malala in Afghanistan, while ignoring hundreds of victims of Afghan Muslim children in the attack done by NATO's drones. And they choose to continue campaigning that Sharia laws discriminate against women in Indonesia, rather than offering solution to the masses of Indonesia women who are struggling to afford food and subsequently exploited become millions of domestic workers abroad. Hypocrite!

Challenging the Accusation: Islamic Law Violates Human Rights of Women in Aceh

The Western's charge that the Islamic law violates human rights of women in Aceh needs to be clearly examined, especially on the human rights standard itself that is always used as a benchmark by the Western media. The root of complications and dilemmas arising from the Sharia implementation in Aceh is PRECISELY originated from the subordination of the Sharia law into the secular laws, such as human rights and democracy. Therefore, Islamic Sharia is dwarfed only to be local and partial, and subjugated to the man-made laws and the ideas of secular freedom.

Therefore, to answer this massive accusation, the Muslims Ummah in Aceh should not be weakened and reactive, because this kind of pose will lead to the apologetic attempts to make Islamic law not to be contrary to the human rights ideas, that finally will be caught up on the activities conforming Islam to the hazardous secular values carried by the idea of ​​human rights. In the end, Islamic law which is the law of Allah (swt) will always be put in a subordinate position, while the idea of ​​human rights and democracy which are man-made laws has always been superordinate or higher than the Allah's laws. Allah Ta'ala says to the believers in the midst of their inferior and amid many attacks they receive from the mushrikeen:

((وَلَا تَهِنُوا۟ وَلَا تَحْزَنُوا۟ وَأَنتُمُ ٱلْأَعْلَوْنَ إِن كُنتُم مُّؤْمِنِينَ))

"So do not weaken and do not grieve, and you will be superior if you are [true] believers." [TMQ. Al-i Imran: 139]

On the other hand, we must not forget the history, the land of Aceh and throughout the Archipelago, Islamic Sharia has once implemented comprehensively for nearly 10 centuries under the Islamic Caliphate[1], moreover historians call the era of Islam in the Archipelago as the Golden Era (golden age). This shows that Islam has contributed a great deal to bring blessing, prosperity, and development of the nations of Muslims in the Archipelago, including Aceh.

It is important to note: First, at the era of the implementation of Islamic Sharia in Aceh has not been subordinated by foreign powers and man-made laws as in the case today, so that there are no problematic complications such as current conditions. Second, the implementation of Islamic law at that time was under the leadership of a global Islamic Khilafah "Caliphate", so the scale was not merely a local application in Aceh, but throughout the Archipelago and the regions ruled by Islam. This is shown from the attitude of Islamic sultanates in the Archipelago which considered themselves an integral part of Islamic territory under the leadership of the Islamic Khilafah "Caliphate", in the era of Abbasid Khilafah "Caliphate" or of Ottoman Khilafah "Caliphate". There were relationships between the sultanates, in the dawa, politics, economy, military, and even kinship. This was in contrast with the Hindu-Buddhist era pre Islam where the kingdoms in the Archipelago were separated and mutually attacked each other[2].

The women of Aceh had experienced for many centuries how Islamic law dignified them, raised their public roles, and secured their honors. Therefore, great names of Aceh Muslim Women like Laksamana Hayati and Cut Nyak Dien were only few examples of the many Muslim woman figures who had major roles in the community, absolutely away from the image of being unfettered and discriminated as often narrated by the Western media. In the Islamic era, it is also barely audible about the practice of exploitation or forced labor of the people, including women. It is precisely in these days when Indonesia, the Muslim countries, is implementing the ideology of Democratic Capitalism, where there are millions of women who are deprived of their economic rights due to mass impoverishment done by the capitalist economic system.

Therefore, Muslims in Aceh and the rest of the world should always be aware that Islam is the true identity of them, which dignifies, prospers, and brings blessings on this Archipelago..., NOT another identity that is CONSTRUCTED by the secular ideas! Historical facts cannot be eliminated, that Islam had brought prosperity and blessing to the Archipelago for more than three centuries, while the Western colonialism - both classical and modern imperialism - have impoverished and oppressed it until this very day. And they have continued to work day and night to malign Islamic law, as Allah (swt) says:

((يُرِيدُونَ لِيُطْفِئُوا نُورَ اللَّهِ بِأَفْوَاهِهِمْ وَاللَّهُ مُتِمُّ نُورِهِ وَلَوْ كَرِهَ الْكَافِرُونَ))

"They want to extinguish the light of Allah with their mouths, but Allah will perfect His light, although the disbelievers dislike it." [TMQ. as-Saff [61]: 8]

 

Written for Central Media Office Hizb ut Tahrir by

Fika Komara

Member of Central Media Office Hizb ut Tahrir

 


[1] The history of Sharia Implementation in Indonesia, El Moesa Production 2007

[2] Thematic Encyclopedia of the Islamic World, Volume of Southeast Asia, Ichtiar Baru Van Hoeve

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