My speech In Islamic Shariah Conference held on 22.3.08( English translation)
Bismillahir Rahmanir Raheem Respected Chairperson, Honorable former Chief Justice Sayed J. R. Mudassir Hussain, discussants and learned audience. Assalamu Alaikum. Dr Manzur Elahi has presented an excellent paper on the subject of Islamic law , its characteristics and women rights in Islam. Islamic law ( whether we call it Shariah or Fiqh , sometimes these terms are used interchangeably) it is directly or indirectly based on the Quran and Sunnah. One part of it is unchangeable as being based on direct provisions of the Quran and Sunnah, some scholars call it Shariah. Another part is based on Ijtihadi or scholarly elaboration and derivation on the basis of Quran and Sunnah or new formulation of laws where the texts of Quran and Sunnah are silent , this part is liable to change , some people call it Fiqh ( Reference Three major problems facing the Muslim Ummah, Said Ramadan, available in www.witness-pioneer.org .The unchangeable part can not be interfered with by any government. Now a days the application of Shariah fully or in personal law area are coming up in many places In Britain the Chief of Anglican Church Mr. Rowan Williams has proposed acceptance of Islamic personal law as an option for Muslim community , that is the Muslims in these matters can go to normal court or Shariah, court , both systems working under British judicial authorities. The majority of British Muslim community, particularly MCB, the federation of British Muslim organizations has supported it.. The Muslim Personal Law is already operative in Bangladesh, Pakistan, India, Sri Lanka and most other Muslim countries. Islamic laws have been adopted in public law or general law areas also in some countries. It is becoming a trend . In application, may be there have been mistakes or drawbacks.which is natural as Islamic public law could not develop or grow during colonial period .The Muslim community eagerly desires law based on Quran and Sunnah. They do not like any kind of law which contradicts the Quran & Sunnah. Even, in Turkey where the ultra secularists were ruling for a long time, the trend has been reversed . They have withdrawn the restriction on Hijab recently.. Now, a section of people has raised the issue of Muslim women’s right of inheritance . The issue has been clarified many times . The financial status of women , if maintenance right, inheritance right and right of marital gift are considered together , the Muslim women are in far better position. Few examples are given as under: If a middle class family spends Tk.30,000/- per month (which is legally to be borne by the male for himself, wife and children) and if the married life is for 30 years, he has to spend Tk.30,000/-×12×30=1,08,00,000/ ( 10.8 million taka ).On the other hand her sister has not to bear any cost for maintenance for herself, husband and children. ( if she does spend something it is sadaqa not because of obligation under law or Shariah ).In this example the advantage of the woman is 10.8 million taka... If the asset the male gets in this case as inheritance is two million taka which means her sister will get one million taka, the advantage of male is only one million taka.If respective advantages are squired of even then the woman will have an advantage of 9.8 million taka.. Similarly, if a man spends Tk.20,000/- per month, then he has to spend Tk.7.2.million in thirty years. If the inheritance is considered same in this case also , according to the calculation outlined above , the advantage of his sister will be 6.2 milliom taka.. If the family is poor which lives on Tk.5,000/-only per month, then he has to spend Tk.1.8.million taka in 30 years. In this case, the inheritance may be very little. As such the advantage of woman obviously remains. I t is evident that, the women are always in better position. Only in the case of some super-rich, men may be in advantage.This is what Allah wanted , that is to make women more secure financially. Even in the US if we apply Islamic law in the case of an an average family , the inheritence of most Americans will be next to nothing because most people live on credit.The son will have little advantage. On the other hand the son under Islamic law there will have to bear maintenance of the whole family. If the monthly expenditure is considered only dollar five thousand, it would mean an amount of ( $ 5000 into 12 into 30 ) $ 1.8million if the marriage subsists for thirty years. On the other hand the girl is not liable to spend under Islamic law. We can see the advantage for women in this example also. However I must say that the financial problem of woman in case of unjustified divorce by man , particularly when the opportunity of further marriage of divorced woman is slim, some law has to be made for protection of women without contradicting the Quran or Sunnah. Woman has to get some property earned during marriage without affecting inheritance and maintenance law of Islam I think this is possible and Ulama and Islamic jurists must find a way. Law has also to be made for checking the abuse of divorce, more done by men but also sometimes done by women... I must also say that a few sentences and words in the recently declared Women Policy should be reviewed by the government because these have created confusion and mis-understanding. Some of the sentences are in contradiction to our constitution, our guiding principles in the constitution, at least these may create mis- understanding in future which should not happen. Shah Abdul Hannan 22.3.08
