http://www.clarionproject.org/understanding-islamism/womens-rights-under-sharia
Women's Rights Under Sharia | Clarion Project
Overview Sharia law is an Islamic legal system which provides an Islamic alternative to secular models of governance. Women in societies governed by sharia have far fewer rights than women in the West. Muslim-majority societies have varying degrees of sharia integrated into their law codes, but almost all use sharia to govern family affairs. Sharia courts also exist in a number of Western countries, particularly to adjudicate family law for Muslim citizens. There is no one overarching authority which determines sharia, nor is there one conception of how women's rights fit into sharia law. Marital Rights Although various opinions exist regarding Islamic marriage laws, the following constants remain: A man is entitled to up to four wives, but a woman may only have one husband. In Western societies, a man typically only takes one wife. A man can divorce his wife by making a declaration (talaq) in front of an Islamic judge irrespective of the woman's consent. Even her presence is not required. For a woman to divorce a man (khula), his consent is required. The husband is responsible for the financial upkeep of home (nafaqa). There is no joint property; the man owns all property, (except for what the woman owned before the marriage). Muslim Feminists such as Dr. Elham Manea argue that the interpretation of sharia in the area of marriage amounts to discrimination, the type of which is prohibited under Western legal systems. Public Rights Most Muslim-majority countries are not democracies, so issues of who can vote do not apply. Nevertheless, women still have a significantly reduced role in the public sphere in these countries compared to men. Conservative ideas of gender roles are taken very seriously in Islamic societies. Even in the West, where Muslim women have the same legal rights as men, they have been prevented from exercising those rights by their male relatives. Under sharia, women have: Lesser inheritance rights compared to men Lesser status as witnesses Modesty Laws Many Muslim women respect the requirement to dress modestly and choose to do so. However, in Muslim-majority countries, women do not necessarily have the choice not to do so. Failure to comply with modesty Afghanistan and MDT Page 1 of 2 laws has been known to elicit extreme violence from police in places like Iran, Oct 25, 2015 12:18:51PM
http://www.clarionproject.org/understanding-islamism/womens-rights-under-sharia Muslim-majority countries, women do not necessarily have the
choice not to do so. Failure to comply with modesty laws has been known to elicit extreme violence from police in places like Iran, Afghanistan and Sudan. Garments women are required to wear range from a hijab (a scarf covering the hair and neck), an abaya (a cloak-like, loose-fitting overgarment), a niqab (a face veil worn in addition to the hijab and abaya) to a burqa (a full-body and head cloak which includes a netted rectangle over the eyes). Exactly what constitutes immodest dress is the subject of much debate. Violations of modesty laws are frequently met with violence in Muslim countries. Western women visiting Muslim-majority countries – for example, Saudi Arabia -- are advised to dress modestly and not to travel unaccompanied by a man. Male Guardianship Male Guardianship applies to all women whether married or not according to strict interpretations of sharia. In the event of the deaths of male relatives, it can result in mothers being legally subservient to their sons. Under sharia: A woman becomes subservient to her husband and needs his permission to: "leave the house, take up employment, or to engage in fasting or forms of worship other than what is obligatory." An unmarried woman is under the guardianship of her nearest male relative. Who Is Affected by Sharia? Any Muslim woman who undertakes to be married under Islam is bound to a greater or lesser extent by sharia, depending on where they live. Muslim women living in Western countries are bound by the laws of the countries in which they live as well, whereas women living in countries such as Saudi Arabia are bound by sharia alone. In cases where sharia and the law of the land conflict, a woman is bound by sharia.
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