New Islam in Europe?

[Henia 11]

Interesting article, worth reading Is it a new positive wave for Muslims (esp women) in Europe? Or just a fraud?

http://www.religionnewsblog.com/22006/musl...ontract-shariah

Muslim women are to be guaranteed equal rights in marriage under a new wedding contract negotiated by leading Islamic organisations and clerics in Britain.

New Sharia law marriage contract gives Muslim women rights

Hailed as the biggest change in

Sharia law

in Britain for 100 years, a married Muslim couple will now have equal rights. A husband will have to waive his right to

polygamy

, allowed under

Islamic

law, in the new contract which has been described as "revolutionary".

Currently Muslims in Britain have an Islamic ceremony called a nikah (a non register office marriage) which, although it is guaranteed under Sharia law, is not legally binding and does not provide a woman with written proof of the marriage and of the terms and conditions agreed between the spouses.

Dr Ghayasuddin Siddiqui, Director of the Muslim Institute and one of the authors of the contract, told

The Daily Telegraph

: "The document is a challenge to various sharia councils who don't believe in gender equality but the world has changed and Islamic law has to be renegotiated."

The Archbishop of Canterbury, Dr Rowan Williams, was

criticised

earlier this year when he called for greater recognition of Sharia in British civil legislature, a view that was echoed recently by the Lord Chief Justice Phillips.

Ann Cryer

, a Labour MP who has campaigned for the rights of Muslim women, welcomed today's change, saying: "This document has been carefully researched over a four year period and I feel confident in recommending its findings to women (and men) of the Muslim Faith contemplating Marriage."

Muslim Marriage ContractRead the full

Muslim Marriage Contract

In cases of divorces, the absence of such proof, has meant that many Muslim women have been denied financial rights.

The new Muslim marriage contract does not require a 'marriage guardian' (wali) for the bride, and also makes delegation of the right of divorce to the wife (talaq-i-tafweeed) automatic.

This right does not affect the husband's right of talaq but enables the wife to initiate divorce and retain all her financial rights agreed in the marriage contract. These provisions reflect a recognition of changes in the Muslim world, including women's greater public roles, educational achievements and financial autonomy.

Drawn up by the Muslim Institute, the contract has taken four years to negotiate and create. It is supported by leading Muslim organisations including the Imams & Mosques Council (UK), Muslim Council of Britain, The Muslim Law (Shariah) Council UK, Utrujj Foundation, and The Muslim Parliament of Great Britain.

According to its authors, the new contract "brings Muslim marriages in Britain into line with positive developments in Muslim family law across the Muslim world".

Dr Siddiqui said "A lot of people come to us and the Islamic Shari 'ah Council for advice and we realised that Islamic marriage had lots of problems.

"Many Muslims in this country have a 'village' background, with Muslims from Sylhet in Bangladesh or in Pakistan where the local Imam performs a nikah, without proper registration or properly recording that such a ceremony has taken place.

"But in Britain, more marriages are breaking down and young people have said that we need to update things."

- Source: New Sharia law marriage contract gives Muslim women rights, Urmee Khan, Telegraph, UK, Aug. 8, 2008 — Summarized by Religion News Blog

The new 'Muslim Marriage Contract' is a sign that many Muslims in the UK realize that the civilized world has no room for the frequently barbaric and inhumane aspects of Sharia (Islamic law).

On her

blog

at The Telegraph, Urmee Khan — who reported the above story — says, "Contrary to what militant secularists say, it is actually possible to modify ancient religious rulings to adapt to a modern setting." Khan wonders whether the new marriage law is a step in the direction of an evolving Europen form of Islam:

The contract itself is very specific. The husband has to agree not to:

• abuse his wife/child(ren) verbally, emotionally, physically, or sexually

• be absent from the marital home for more than 60 days unless by agreement

• withhold money towards his wife/family

• transmit disease

• interfere with the wife's property

In return, the wife agrees to abide by all of that as well - except for the provision not to withhold money from the household.

There are also some special conditions - for example, the rule that the husband's duty is to procure independent accommodation separate from his family home, and that the husband delegates his power of divorce to his wife.

Within sharia law, these changes are an enormous step. Just ask any Islamic feminist who continually challenge traditional interpretations of the

Quran

.

For example Surah 2 Verse 228 of the Quran can be translated as: "And woman shall have rights similar to rights them, according to what is equitable. But men have a degree of advantage over them."

[...]

The most important thing is that we have a modification to sharia law which reflects the reality of a modern and European population. Contrary to what militant secularists say, it is actually possible to modify ancient religious rulings to adapt to a modern setting. As Dr Ghayasuddin Siddiqui, Director of the Muslim Institute and one of the authors of the contract, said: "This contract is revolutionary and will lead the way in addressing problems that exist under sharia law. Although it is only the tip of the iceberg, it is a revolutionary step, nothing like this has happened in 100 years. The adoption of this model will change everything and force people to talk about the issues."

The controversial academic

Tariq Ramadan

has made calls for European Muslims to

evolve nothing less than its own form of Islam

"We need to separate Islamic principles from their cultures of origin and anchor them in the cultural reality of Western Europe." With 15 million Muslims on the Continent, Ramadan believes it's time to abandon the dichotomy in Muslim thought that has defined Islam in opposition to the West. "I can incorporate everything that's not opposed to my religion into my identity," he says, "and that's a revolution."

Perhaps this development is a move towards an independent European Islam.

________

http://blogs.telegraph.co.uk/urmeekhan/blog/2008/08/08/is_this_the_beginning_of_a_new_european_islam

Is this the beginning of a new European Islam?

Today's

news

that Muslim women in Britain will be guaranteed equal rights in Islamic marriages has wide ranging consequences, not just for women but for a new model of European Islam.

Muslim women in east London

For the first time, a woman undergoing a Muslim wedding will have written proof of the marriage. The bride will no longer need a 'marriage guardian' (wali) and she will have an automatic right to initiate divorce (talaq-i-tafweed) retaining all her financial rights as agreed in the marriage contract. Furthermore, the contract requires "two adult witnesses of good character" as opposed to the traditional insistence on two Muslim men.

The contract itself is very specific . The husband has to agree not to:

• abuse his wife/child(ren) verbally, emotionally, physically, or sexually

• be absent from the marital home for more than 60 days unless by agreement

• withhold money towards his wife/family

• transmit disease

• interfere with the wife's property

In return, the wife agrees to abide by all of that as well - except for the provision not to withhold money from the household.

There are also some special conditions - for example, the rule that the husband's duty is to procure independent accommodation separate from his family home, and that the husband delegates his power of divorce to his wife.

Within sharia law, these changes are an enormous step. Just ask any Islamic feminist who continually challenge traditional interpretations of the Quran.

For example Surah 2 Verse 228 of the Quran can be translated as: "And woman shall have rights similar to rights them, according to what is equitable. But men have a degree of advantage over them."

Islamic feminists like

Riffat Hasan

have constantly said that such verses should be studied in the historical context in which they were revealed and we need to update the translations.

The fact it took 4 years to agree this text gives some idea of the lengthy consultations that had to take place with women's groups and religious leaders.

Anne-Marie Hutchinson, a family lawyer, welcomed the new contract: "Most importantly it will provide civil law protection to many women and children through the obligation on the parties to enter into a binding civil marriage. All too often spouses have found themselves marginalised and cut off from the legal and financial protection afforded by the Matrimonial Causes Act, 1973" she said.

Obviously, we'll be able to gauge opinion after the contract has been in effect for a while and it will be interesting to monitor this.

The most important thing is that we have a modification to sharia law which reflects the reality of a modern and European population. Contrary to what militant secularists say, it is actually possible to modify ancient religious rulings to adapt to a modern setting. As Dr Ghayasuddin Siddiqui, Director of the Muslim Institute and one of the authors of the contract, said: "This contract is revolutionary and will lead the way in addressing problems that exist under sharia law. Although it is only the tip of the iceberg, it is a revolutionary step, nothing like this has happened in 100 years. The adoption of this model will change everything and force people to talk about the issues."

The controversial academic

Tariq Ramadan

has made calls for European Muslims to evolve nothing less than its own form of Islam "We need to separate Islamic principles from their cultures of origin and anchor them in the cultural reality of Western Europe." With 15 million Muslims on the Continent, Ramadan believes it's time to abandon the dichotomy in Muslim thought that has defined Islam in opposition to the West. "I can incorporate everything that's not opposed to my religion into my identity," he says, "and that's a revolution."

Perhaps this development is a move towards an independent European Islam.

Edited August 18, 2008 by Henia

[w¡n9Nµ7 §£@¥€r 123]

You can't have a "new" Islam. Or "new" Sharia law.

The whole friggin point is it's supposed to be eternal and timeless.

[Henia 11]

You can't have a "new" Islam. Or "new" Sharia law.

The whole friggin point is it's supposed to be eternal and timeless.

I understand that ... is why I posted the article! But curious did you read it?

[zsam 0]

interesting...i think really the contract is attempting to rid those communities of practices that are terrible: abuse, financially manipulating the wife, laying claim to HER assets and income...

i think this is very cool...you know in parts of pakistan, the nikahnama/contract has the woman's right to divorce crossed out with magic marker...I made sure to check mine and made sure it was in English

I don't think the concepts in themselves are new and revolutionary per se BUT I like how the contract is reiterating that marriage is a partnership with both parties having rights and responsibilities.

a step in the right direction indeed...

[Sofiyya 1,687]

Thanks for posting this, henia! In due time, western Muslims will learn to break free from the cultural chauvinism of tribalistic definitions of Islam and move toward Allah's intent, as He has directed. The west will have to lead the east. This is a good first step.

[Henia 11]

Many have agrued this is frace saying you cannot change what Allah wills (polgamy, getting rid of wali, automatic divorce) .... is it? Or just more people actually giving the rights?

And LOL when I posted, I was actually thinking or rather hoping you would rply Virtual Wife! So thanks!