{"id":14076,"date":"2009-06-21T11:24:19","date_gmt":"2009-06-21T09:24:19","guid":{"rendered":"http:\/\/www.anjameulenbelt.nl\/weblog\/2009\/06\/21\/the-right-to-marry-in-iran\/"},"modified":"2011-08-26T14:55:57","modified_gmt":"2011-08-26T12:55:57","slug":"the-right-to-marry-in-iran","status":"publish","type":"post","link":"https:\/\/www.anjameulenbelt.nl\/weblog\/2009\/06\/21\/the-right-to-marry-in-iran\/","title":{"rendered":"The right to marry in Iran"},"content":{"rendered":"

aaamaast-17.jpg<\/a><\/p>\n

Op dit weblog had ik het la vaker over feminisme en islam, ook over Iran. Ziba Mir-Hosseini (hier<\/a>) maakte duidelijk hoe belangrijk het is dat moslimvrouwen op hun eigen manier hun emancipatie bevechten en niet het feminisme van het Westen kopi\u00ebren.
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\nJuist als vrouwen in een land als Iran met de islamitische traditionalisten in de strijd moeten, die vaak geen onderscheid maken tussen (patriarchale) traditie en islam, en echt menen dat de man boven de vrouw is geplaatst en vrouwen mannen gehoorzaamheid verschuldigd zijn (wat nergens in de koran te vinden is) is het belangrijk dat ze dat vanuit de islam doen – daarmee staan ze veel sterker en kunnen er niet van beschuldigd worden dat ze zich door het westen laten be\u00efnvloeden en anti-islamitisch zijn. Waar het lukt om veranderingen binnen en met de islam voor elkaar te krijgen is de kans dat die hervormingen beklijven heel veel groter wanneer er weer een regime-wisseling is. Het is dus niet alleen een kwestie van geloof, of islam en emancipatie te combineren zijn, het is ook een kwestie van feministische politiek. Hieronder een paper van Saiqa Riaz, in de UK geboren, en een van die jonge vrouwen die juist als migrant haar geloof heeft hervonden en verdiept, en als enige in haar familie een hoofddoek is gaan dragen. <\/p>\n

Te gast: Saiqa Riaz
\nThe Right to Marry in Iran
\nIntroduction<\/p>\n

Marriage is a huge institution to unite a man and a woman, whether they are Muslims in Iran or Catholics in England. In this assignment I plan to evaluate the fundamental right focussing on women and the tradition of a ‘Muttah’ marriage. I will examine Islamic shariah, and determine how it is being implemented in Iran today. The right to marry is being violated in 3 different ways, where I shall briefly discuss forced marriages, and honour killings, and examine if the practices in Iran are really Islamic? Additionally I shall incorporate verses from Shariah law (Quran) and determine if they are being complied with correctly towards women.
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\n Common Stereotypes of Islam<\/strong><\/p>\n

After September 11th Islam has become a religion known worldwide, even to people who knew nothing of it before. Nowadays when the word ‘Muslim’ or ‘Islam’ is mentioned, a stereotype appears immediately. Some of the views being, Islam is all about violence,terrorism,,suicide bombers, and that how could it be justified when women are veiled strictly by Burqas and Pakistani girls are forced to get married? Genital mutilation happening in Africa? People assume this religion is in it self evil, forbidding women to drive cars or not being able to get an education, entering of polygamous marriages and the humiliation of being divorced. In fact, none of these practices are Islamic at all. <\/p>\n

Anyone who desires to understand the religion of Islam and Islamic shariah must separate the religion from the cultural norms. Committing suicide for any reason is a huge sin, as Allah said Islam is a religion based upon intentions, and intentionally killing oneself is ‘Haram’ I.e prohibited with severe consequences. A clear example was given by the prophet who said “Whoever purposely throws himself from a mountain and kills himself, will be in the (Hell) Fire falling down into it and abiding therein perpetually forever; and whoever drinks poison and kills himself with it, he will be carrying his poison in his hand and drinking it in the (Hell) Fire wherein he will abide eternally forever; and whoever kills himself with an iron weapon, will be carrying that weapon in his hand and stabbing his abdomen with it in the (Hell) Fire wherein he will abide eternally forever.”. Hijab was ordered to the prophet\u2019s wives and daughters, as they were the mothers of the believers, and clearly extraordinary women. If they sinned they would receive double the punishment, and vice versa. \u201cAnd whosoever of them serves God and his Prophet devoutly and acts righteously, we shall give her double reward. And we have prepared for her honourable sustenance in the hereafter”. (Al-Ahzab, 30-31). <\/p>\n

The Hijab is optional for women nowadays, some choose to wear it and some do not. However it is not worn because your brother or father pressurises you, but is for the sake of Allah alone, and his request to protect your chastity. ‘O Prophet! Say to your wives and your daughters and the women of the faithful to draw their outer garments close around themselves; that is better that they will be recognized and not annoyed’. (Surah al-Ahzab ayah 59).<\/p>\n

Forced marriages in the Quran are nullified as free consent is needed by both bride and groom, as if the parties intentions are under any form of pressure or abuse, the marriage is invalid. The Prophet said, “A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission.” (Bukhari Volume 7, Book 62, Number 67).<\/p>\n

In terms of female circumcision, it is a sickly practice common in North Africa, and used as a excuse in the name of Islam among poor and uneducated people. It is not even mentioned in the quran, clearly violating the most sacred tenets of the Islamic faith. The quran says ‘And spend in Allah’s cause and let not your own hands contribute to your own destruction and persevere in doing good: behold, Allah loves the doers of good’ (2:195).<\/p>\n

A woman not being able to drive in Saudi Arabia is a bizarre concept, when all other Islamic countries allow women to drive, just as men. This has nothing to do with Islam but rather an old fashioned culture. Islam gives both sexes the same equality, I.e. to marriage, education, divorce, so there is no reason for driving to be forbidden. [40:40] ‘Whoever commits a sin is requited for just that, and whoever works righteousness – male or female – while believing, these will enter Paradise wherein they receive provisions without any limits’.<\/p>\n

A man is judged on his own deeds, and so is a woman, a husband is not her master, her lord is. “And whatever wrongs any human being commits rests upon himself alone; and no bearer of burdens shall be made to bear another’s burden…” (6:165). <\/p>\n

Polygamy however is allowed in Islam, as during the prophets time, many widows were left with no provisions for themselves or their children. So, marrying them was a genuine act of charity, and requires the consent of the first wife. Women were not young and attractive, but poor widows who had little to eat or drink. Girls being banned to go to school in Afghanistan is contrary to Islam, as the prophet believed knowledge is light, and is imperative for the human mind.”….Are those equal, those who know and those who do not know? It is those who are endued with understanding that receive admonition.\u00a0 (The Noble Quran, 39:9)”.<\/p>\n

Constitution of Iran and bodies involved<\/strong><\/p>\n

‘The Islamic Republic is a system based on belief in The One God (“There is no god except Allah”), His exclusive sovereignty and right to legislate, and the necessity of submission to His commands; & its Divine revelation and its fundamental role in setting forth the laws;Continuous leadership of the holy persons, possessing necessary qualifications, exercised on the basis of the Quran and the Sunnah’ (Traditions of the Prophet Mohammed).<\/p>\n

Article 16 of the women\u2019s convention on all forms of discrimination gives women the equal right to marry with free consent, and also gives general family rights. Even though Iran is not a party to the CEDAW Convention, Iran is a party to several other International human rights treaties. These treaties are ’the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESR), the Convention on the Rights of the Child (CRC), and the International Convention for the Elimination of All Forms of Racial Discrimination (ICERD) — all clearly prohibit discrimination on grounds of ethnicity’.<\/p>\n

Nevertheless Iran has still incorporated general principles and goals in its constitution, regarding the equal protection of women in Article 21. Some of these goals include to ‘Create a favourable environment for the growth of woman’s personality and the restoration of her rights, both the material and intellectual’. Others including protection of mothers, perseverance of family, special insurance for single or aged women etc. additionally Article 40 of the constitution says ‘No one is entitled to exercise his rights in a way injurious to others or detrimental to public interests’.<\/p>\n

Muttah Marriage in Iran (Domestic Implementation)<\/strong><\/p>\n

In Iran a custom named ‘Muttah’ (marriage) is being practiced today. Muttah meaning pleasure in Arabic, is encouraged by Shiaism, an almost extreme type of Muslim group. Shiaism highly encourages ‘muttah’ saying it is a part of Islamic teachings. Muttah is when a man pays a woman or even a young girl for the purpose of sexual pleasure only. This pleasure is formed in to a marriage contract, where the man may contract with a woman from 1 hour to 1 night, or what ever amount of time he pleases. Once his contract expires with a woman, he will continue ‘Muttah’ with other women, there is no limitation for Muttah in Iran. This trade is basically a temporary type of marriage, for a man to fulfil his desires. This practice not only violates rights of women, but also the teachings of Islam. Additionally orphan girls are contracted out, and sold to men in Afghanistan and Pakistan. Many young girls are trafficked in to France and Turkey on fake passports forced to work. Street children in Iran face a long HIV battle which is against not only their rights as human beings, but also Islam.<\/p>\n

For a marriage to be valid in Islam, 2 witnesses are needed on both sides, however Iran makes it optional and a personal choice if the muttah contractors wish to include a witness. This is clearly forbidden, I.e ‘Haram’ for contracting a marriage.<\/p>\n

‘Abu Huraira reported God’s messenger, peace be upon him, as saying: “Of the dinar (unit of currency) that you spend as a contribution in God’s path, or to set free a slave, or as charity given to a needy, or to support your family, the one yielding the greatest reward is that which you spent on your family’. This was the perfect example given by prophet Mohammed, who emphasised the equality of women regards being fair, and reasonable. The prophet did not conduct in such muttah marriage, instead he was gentle and empathetic to all women, discouraging any forms of abuse as he said, a man should never hit “one of God’s handmaidens”. The right to marry has become extremely limited in Iran, where Islam is being used as an excuse to justify the cultures that the people have incorporated within them selves.
\nNo other Islamic country allows muttah marriage, and considers it a huge sin, as it is a form of prostitution imposed upon women. <\/p>\n

Iran\u2019s discrimination on Sunni Muslims<\/strong><\/p>\n

The traditions of shiaism empower the Muslim way of life, the small population of Sunni Muslims (though they are recognised) are also discriminated highly. The Sunni Kurds are the ones that do not practice this ‘muttah’ marriage for short periods; they get married properly according to the teaching of the Quran and Sunnah (prophet\u2019s way). Sunni mosques are not allowed in Tehran, as the government has restricted any expansion. Alongside this, they are not able to work, or even own permits to open a shop, or enrol at universities just like other Iranian citizens. So not only do the Muslims of Iran violate the basic human right of women, but also their own religion. Not allowing Sunni Muslims the same rights they discriminate upon freedom of religion. <\/p>\n

‘Amnesty International is also urging the Iranian government to ratify, without reservation, the Convention on the Elimination of All Forms of Discrimination against Women, and to bring Iran\u2019s laws and practices into conformity with this Convention’.<\/p>\n

Honour killings (Kurdish women and girls)<\/strong><\/p>\n

A real life case was presented by a human rights defender (Diba Alikhani) in 2006 in an area of Iran known as Sanandaj. A woman was being prosecuted by a female jailer, as she commit adultery, known as ‘Zina’. All of a sudden a strange man appeared, and slit the woman\u2019s throat, and she died immediately after. Diba called for help, as she saw 2 armed security guards outside the venue, but they did not interfere, as this was clearly an honour killing. The Iranian authority did not prosecute the perpetrator for murder, and believed this tragic crime was an honour killing. This shows the position of women, and a clear violation of many rights. The Iranian government have gone against the teachings of the Islam; this treatment is contrary to the Quran and Sunnah. <\/p>\n

It was Narrated by Mu’awiyah al-Qushayri who went to the Apostle of Allah (Prophet Mohammed) and asked him: “What do you say (command) about our wives?” He replied: “Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them.” (Sunan Abu Dawud: Book 11, Number 2139) “The best of you is one who is best towards his family and I am best towards the family”. (At-Tirmithy). “None but a noble man treats women in an honourable manner. And none but an ignoble treats women disgracefully”. (At-Tirmithy).The social codes of Iran are going against the religion of Islam; they are invoked on the basis of religion to justify rights of women, ignoring the Holy Scripture. There are no go areas in parts of Kurdish communities, whom disallow outsiders, some of them being state officials from effectively dealing with basic rights of women. These being to be educated, forced marriages, domestic violence and even the most horrific honour killings.<\/p>\n

Instead of exercising due diligence and to protect women and give them all their equal rights, Iran is doing the complete opposite. In fact, Islam is lenient and non discriminatory as their were many women who were married to non Muslim before. The daughter of the prophet, named ‘Zainab’ was married to an atheist, she held on to her own religion of Islam and he did also. Another lady named ‘Umm-kulthoom bint Ugba bin Abi Mai’ embraced Islam though her whole family were from the polytheistic religion. 1600 years ago women worked for the propagation of Islam, alongside the prophet, where he enshrined in all his teachings that women were the dignified authority who bore and nurtured men, their daughters, wives were of a equally high importance as the men. It is Iran\u2019s duty to continue the tradition of the prophet and the teachings of the Holy Quran, and protect women from these abuses which are violated as justification, in act there is no justification. The first UN Special Rapporteur on violence against women, Radhika Coomaraswamy, wrote: \u201cStates must promote and protect the human rights of women and exercise due diligence: To condemn VAW and not invoke customs, traditions or practice in the name of religion or culture to avoid their obligations to eliminate such violence\u201d.<\/p>\n

Due to this grossly practice of honour killings, their remains a high note of suicide within Kurdish girls. Due to the various forms of violence and discrimination, young women take their own lives by self immolation. This used to occur only at Kurdish settlements before but now is common all over Iran. Most of them staged to cover up honour killings. This form of violence against women is a major crime and sin in Islamic law. Taking 1 life, is as killing all of mankind which is stated in the Holy Quran. “For that cause We decreed for the Children of Israel that whosoever killeth a human being for other than man slaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind\u201d Al-Ma\u2019idah: 32) . Among this, many other rights of women are being violated, e.g equality before the law, and to be protected from torture, cruel or degrading treatment. The right to life, being the most basic and foremost right every individual possesses. It also obviously indicates that Iran has agreed to incorporate so many International treaties to prevent violence and to encourage equal treatment. However Iran has failed to act upon its own religious law and others aswel. The UN Women\u2019s convention and many others order, the right to freely choose your marriage partner, to be treated with the same dignity as a man and enjoy no discrimination based on sex.<\/p>\n

In February 2006 Mohsen Jan-Ghorbani, a professor of epidemiology at Esfahan University of Medical Sciences, said that \u201cself-immolation is not just a way to end life, but also a way to send a message to their families and to the society\u201d. He added that \u201cwomen do not want to really commit suicide but they want, in fact, to make their cry for help to be heard and say that they are facing injustice\u201d. Some women going to extreme stages of despair that they burn themselves, by a toxic named kerosene. This pressure depriving women of their rights and considering their economic situations, they are treated as second class citizens. It is clear that the government who incorporate any discriminatory laws and authorities are the ones in control, and should ratify their convention accordingly to the teachings of Islam and also human rights (which Islam covers). Self immolation being the most common method for young women, will only destruct society and tear families apart.A UN special rapporteur (on violence against women in 2005) stated \u201c..Some of the cases of self-immolation in the city are linked to the lack of legal protection for women victims of violence, lack of shelters, difficulty in obtaining a divorce, child custody laws that favour the father and pervasive gender discrimination throughout society.\u201d<\/p>\n

Forced marriages <\/strong><\/p>\n

Due to increasing poverty, the parents believe it is in the best interests of the daughter to marry. In contrast to an arranged marriage, this is where no consent is given of both parties. It may involve emotional abuse, abduction, physical abuse and an ‘honour killing’ in extreme cases. Girls as young as 9 were married off, however now the legal age requirement is 13 for a female. Forced marriages are declared invalid under Islamic shariah as there are no intentions to give this agreement effect. It was Narrated by Khansa bint Khidam Al-Ansariya that her father gave her in marriage when she was a matron and she disliked that marriage. So she went to Allah’s Apostle and he declared that marriage invalid. (Bukhari Hadith Volume 7, Book 62, Number 69).<\/p>\n

Article 23(3) of the ICCPR further prohibits forced marriages saying ‘\u201cNo marriage shall be entered into without the free and full consent of the intending spouses.\u201d A forced marriage is clearly a type of violence against women, carried out by their family majority of the times. However it links to child marriage which may constitute a forced scenario. If this is the case, then children rights are being violated from freedom of sexual exploitation, as stated in Articles 19 & 24 of the convention. This makes the situation worse for a child, as they are denied the right to education consequently, and growing up in a normal manner. It is the responsibility and obligation of the Iranian governments to ensure a marriage is undertaken on the correct procedures of shariah law, and on the basis of full and informed consent by both spouses. The age requirements should be optional, as suited to the child and after completing at least a minimum high school education, if not further. The prophet nullified any type of pressure or blackmail enforced upon a marriage, therefore Iran needs to start acting upon shariah principles, rather then creating their own individual interpretations of Shariah. <\/p>\n

Conclusion <\/strong><\/p>\n

To conclude, if Iran says that it is an Islamic republic, it should first and foremost implement Islamic shariah and principles of justice correctly, and not create its own individual interpretations which the government labels as Islamic. The right to marry is guaranteed in the Quran and Sunnah, therefore the authorities must stop their isolated traditions of Muttah marriage which is considered prostitution, alongside forced marriages and honour killings. What Islam and the holy Quran say is “Verily, Allah enjoins justice, beneficence, giving (help) to kith and kin, and forbids all forms of evil and Al-Munkar (i.e. all that is prohibited by Islamic law and oppression). He admonishes you, that you may take heed.).” [An Nahl: 90]. Equal Protection of women is guaranteed in Islam, and is imperative towards justifiable protection in economic, social and personal development. Islam is a religion that dignifies Women and her status, as I have given the previous examples before, neither does Islam oppress a woman or let harm occur to her. The quran clearly states”O you who believe! Stand out firmly for Allah as just witnesses; and let not the enmity and hatred of others allow you to avoid justice. Be just: that is closer to piety; and fear Allah. Indeed, Allah is Well-Acquainted with what you do.” [Al Maaidah: 8]Neither are their laws in compliance with Islam or equal human rights of women, So if Iran considers itself a Muslim state, it must remember Only God’s Word is infallible, not a human interpretation of it. <\/p>\n","protected":false},"excerpt":{"rendered":"

Op dit weblog had ik het la vaker over feminisme en islam, ook over Iran. Ziba Mir-Hosseini (hier) maakte duidelijk hoe belangrijk het is dat moslimvrouwen op hun eigen manier hun emancipatie bevechten en niet het feminisme van het Westen … Lees verder →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_jetpack_memberships_contains_paid_content":false},"categories":[10,21,14],"tags":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/posts\/14076"}],"collection":[{"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/comments?post=14076"}],"version-history":[{"count":1,"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/posts\/14076\/revisions"}],"predecessor-version":[{"id":58838,"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/posts\/14076\/revisions\/58838"}],"wp:attachment":[{"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/media?parent=14076"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/categories?post=14076"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.anjameulenbelt.nl\/weblog\/wp-json\/wp\/v2\/tags?post=14076"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}