Fundamentalism
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Fundamentalism is considered merly as a reaction against the liberalizing tendencies of modern thought its purpose was to preserve unchanged the presuppositions and convictions or religion. |
| Article 10, 11 |
Article 10 obligates states to eliminate discrimination in education and article 11 recognizes the right to work as a human right. Muslim fundamentalist subscribe to modes doctrine where segregation of women from men and use of hejab not only create a barrier between sexes, but also disallow women to pursue lit education and economic independence by restricting her mobility -thus reinforcing male superiority and control over women. |
Article 16
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In private sphere Muslim women are discriminated in all maters relating to marriage, divorce guardianship and child custody and inheritance and ownership of property. An important area of discrimination against women is equal inheritance rights. On the one hand, Muslim personal laws protect the in heritance rights of women as daughter, mother and wife, on the other hand it prevents inheritance of equal share with their male counterparts. Muslim jurists explain the reason for this difference of share in terms that a woman inherits in various capacity in family relationship and also dower from her husband and she has no responsibility to maintain anybody. Reservations entered by Muslim countries on Article 16 (or part of it) which deals with these rights are considered as a serious violation of human rights of women. |
| Article 2 |
Parallel reservations on article 2 was established ,which delineates policies to be followed by the state parties to protect women’s fights both in public and private sphere by introducing legislative changes and supportive framework. |
| Crimes of Honour |
Some glaring violation of human rights of women also occurs in the prescribed gender framework for societal institutions and set code for chaste and moral behaviour for women which are different than those expected of men. The fundamentalist groups affirming its ideology of men being superior to women place great emphasis on control of women through requirement of strict obedience total submission and forbidding women to succumb to their sexual impulses. An unique example of disobedience of prescribed sexual rules or prohibitions for women is manifested in "Crimes of Honour" still practiced in some Muslim countries which involves killing of a woman by her father, brother or husband for engaging in sexual practices outside marriage. It is indeed a matter of great concern that nearly two century old instances of social violence is codified to contain it as state violence |
Harassment
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Another extreme example of Muslim fundamentalist doctrine of recent time that challenges international legal system by stripping off women of all their fundamental rights as human beings is being manifested in the Taliban policy in Afghanistan since the end of Najibulah regime in 1992. This problem have been exacerbated by specific and publicly articulated policies designed to remove women flora participating in nearly all aspects of public life relating to their livelihood and survival. The over al situation have been compounded by conflicting interpretations of Islamic tradition and local culture. Women are forced to wear full veil, prohibited to go to work place and attend educational institutions. Taliban prohibition on female access to heath, working in agriculture or livestock production have also seriously affected the food security of the country and the status of children in particular. Furthermore, women are harassed, mistreated and imprisoned by the authorities for slightest non-adherence to such edicts. By asserting religious fundamentalist doctrine, the Talibans are profoundly violating all most all basic rights under the 16 substantive articles of the CEDAW Convention the states are obligated to fulfil |
| Koran 12:7 |
"Believers, men and women, are mutual friends. They enjoin what is just and forbid what is evil" says the Koran (12:7 ). Islam gave women rights in an age when no country or. no system gave women any fights. Since the Koran. paces great emphasis on human dignity and freedom, it is inconceivable that it would advocat any form of discrimination based on gender. In fact because of its protective attitudes toward all the downtrodden, the Koran appears to be weighted in may ways n favour of women |
| No differance 5:49 |
Sisters in Islam, a group of Muslim women in Malaysia studying and researching the status of women in Islam holds the view that Islam was a liberating religion that uplifted the status of women and gave them rights without difference and both must participate as equal partners in all aspects life as in the Koran there is no. difference in the value given to the creation of women and men (5:49). The Sisters in Islam further argue that the major problem is the isolation of Koranic verse from its context and turning it into universal rule or moral injunction. It is essential to understand that a passage or verse from the Koran can not be taken out of a context or in isolation because the Koran is highly integrated and cohesive text. |
| Reservations |
Further, a state can not evade its pledged responsibilities by entering reservations to provisions of human right treaties upholding women’s rights. Therefore, when a state defends its stance of maintaining gender discriminatory laws and practices by asserting religious fundamental doctrine and contends that as a basis for entering reservations on substantive articles of CEDAW, that is a clear violation of the charter. |
CEDAW
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It is observed by the Committee that most Muslim countries have entered reservation to articles of CEDAW "as they conflict with Islamic Sharia Law although they have written constitutions which contain clauses on non discrimination and gender equality. Constitution is the solemn expression of the will of people which further stipulates that as the constitution is usually the supreme law of the land, any other law which is inconsistent with that, shall be automatically void (e.g Bangladesh). Most Muslim countries (Bangladesh, Indonesia, Turkey, Yemen, Tunisia, Algeria) do not practice Sharia law per se, rather are guided by state made laws and therefore have no legal basis for application of Sharia or customary laws only relating to women’s issues. The Committee has continued to question the state policy on the issue of reservation encouraging them to review and amend their laws and policies incompliance with the Convention and General Recommendations No. 4 and 2o formulated by the Committee in this regard (22). In situations where there are expressed provisions of enactment governing any particular area of personal laws, those being preconstitutional, should require to withstand the test of the constitution which can be met by introducing a common civil code |
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