Dr. Khaled M. Batarfi

 

IN three months, 14 lawsuits have been filed calling for breaking of marriages by relatives who thought the husband and the wife are not socially equal. Some judges and lawyers do believe there are merits to these claims. Many legally married couples were divorced, as an afterthought, because somebody discovered that one or the other was not good enough based on his or her bloodline.



Before these cases reach the courts, pressure is used against both parties to divorce voluntarily. Threats of economic and social boycott is typically used. In some cases, violent acts are committed. If, however, both are resisting and insisting on staying together, then any family or tribe member has the right to take them to court.



The judges will then call on the “less equal” party to bring his/her proofs of equality — family trees, tribal historians, documents, witnesses and others. If these evidence were not satisfactory, then it is up to the judge to order the forced separation of husband and wife. Children custody are usually given to the “racially superior” parent.



Even though this goes against all well-known Islamic and human rules and values, judges are humans ruling in the name of Islam. I wish I could find a suitable comment on this, but I can’t. I hope, you dear readers, would do it for me.



Meanwhile, Professor Rasheid Small, Alfaisal University, has this to say about segregation in Shariah. He is commenting on my last article “Segregation: Cause or Cure?”



He writes: “The subject you are touching is at the core of development of the fiber and character of the Muslim society. The application of Shariah has never and should never be to the detriment and restriction of the family, society and, in particular, women. The Qur’an and the practices of our beloved Prophet Muhammad (peace be upon him) is clearly pointing to these: (1) all of mankind are equal in the eyes of Allah, and (2) there are differences between males and females in physiology, character and responsibilities.



“About education which should be at the core in the lives of all Muslims, there are clear signs, through the lives of all prophets (peace be upon them), about the responsibilities of men and women in the development, education and character of all Muslims. The ‘teachers’ during the early life of Prophet Muhammad (peace be upon him)” were predominantly women, while in his latter years the ‘teachers’ were primarily men.



Furthermore, when our Prophet Muhammad (peace be upon him) received the revelations, the first person he discussed the revelations with was his wife. Thus the role and responsibilities of women in the education and development of mankind is clear, and if we follow the Sunnah of our Prophet (peace be upon him), then we should implement his educational practices as well.



“Islamic values are at the core of the matter. In an education system it, therefore, becomes the responsibility of the state and society to create an environment that will be conducive to provide the mixing of the sexes while maintaining the integrity and Islamic values of all involved. Islamic education has always been driven by developing competency (knowledge, skills and attributes – character and behavioral attitudes), but there has been a significant degradation of our education, according  to the secularists in using knowledge to prove our civilization.



It is important to ensure that the foundations of behavioral education are enshrined in early years of  childhood,  as was the example of the life of our Prophet (peace be upon him). This role was fulfilled by women who maintained their Islamic values and integrity and were respected by society for their character and values that were added to the development and growth of our communities.



Professionalism in education permits the mixing of sexes in Shariah, if there are guarantees that the Islamic values and integrity of society will not be violated. Thus, if there are enough male teachers to fulfill the educational needs of our society, then the role of women in the education of our society will be limited.



However, if women are qualified to perform the educational task, then they should be allowed to perform that function in an environment where Islamic values will not be eroded; in the Qur’an it is specific that the best person to lead our communities is not restricted to men. Refer to the incident where our Prophet’s wife gave a khutbah (sermon).”



Muhammad Ali comments: “For people who have thoughts of strict gender segregation, please ask them to see with open eyes how the Tawaf around Holy Ka’aba is going on without separation of men and women. Unfortunately many among us misinterpret Islam. By practicing segregation the whole society is moving toward evil and sins. Responsibility lies on the shoulders of religious leaders to preach correct teachings without misinterpretation. The only way to save us is following the teachings of the Prophet (peace be upon him). May Allah give us the correct path and bless us all.”



Faiz Al-Najdi writes: “People have to understand that men and women are creations of God and have been designed to mix with one another. Saudis should know that Saudi Arabia is  the only country that practices segregation. All other Muslim societies — 56 of them — allow free mixing of men and women.  And, they have no problem about this.”

— Dr. Khaled M Batarfi can be reached at kbatarfi@gmail.com and followed on Twitter: @kbatarfi