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New Social Compact

Untying the Knot: Divorce and Women’s Rights in Islam

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Many religions have their own guidelines regarding marriage and what it entails. This information, found in religious texts and documents, tends to cover a wide range of marriage-related topics.

Such topics might include dowries, treatment of spouses, the roles of husbands and wives, polygamy, and even divorce. Islam, the second largest religion in the world, covers the concept of marriage and its dissolution in detail. Under Islamic law, otherwise known as sharia law, divorce is permitted, but there are separate rules regarding divorce for men and women. For a man, the manner of obtaining a divorce from his wife can be as simple as a phrase and a waiting period. For a woman, divorce from her husband is a far more complicated ordeal that tends to involve reimbursement to her husband, or sacrificing child custody and financial support. The infringement on women’s rights regarding divorce has been an issue in recent years, particularly as a result of modernization in Muslim countries and the backlash from conservative members of the public who are trying to maintain tradition. In several of the more conservative Muslim countries, there have been cases of women facing discrimination in the divorce process in the form of outrageous requirements or outright denial of divorce. This paper will discuss the subject of women’s rights regarding divorce within the context of Islamic tradition and modern society, as well as explain the current threat to women’s rights that arises from discriminatory divorce practices. This is an important issue in the Caspian region, as fully four of the five littoral nations are Islamic, with a diverse range in terms of secularism.

Divorce existed long before Islam, but according to Jaafar-Mohammad and Lehmann (2011), “The advent of Islam made the divorce process much more favorable to women” (np). This is because Islamic law allowed women to retain their property and earnings, as well as entitled a woman to support and maintenance from her former husband if she required it. Islam recognizes marriage as a contract and because marriage is a contract it can be dissolved through certain procedures. Islamic law recognizes three types of divorce: ta laaq, khula, and tafriq. Mohammed, edited by Greenberg (2008), explains the differences between the three. The first, ta laaq, is a form of divorce that can only be initiated by the husband. To invoke a divorce, the husband can use a verbal pronouncement to state his intention of divorce. However, the husband must undergo a waiting period based off of his wife’s menstrual cycles – typically three cycles – before the divorce can be considered finalized. The second form of divorce, khula (also spelled khul’), is also known as no-fault divorce. A khula divorce can be initiated by the wife, or by mutual consent of the husband and wife. No-fault divorce means that the person asking for a divorce does not need to prove martial misconduct in order to receive the divorce. Merely being unhappy with the marriage is sufficient grounds for ending the marriage. Through the process of khula, the wife “secures the divorce by paying an agreed sum of money, or by repayment of the dowry or part thereof.” The third form of divorce recognized by Islamic law is tafriq. Tafriq relies on the court to order the divorce “either in the absence of the husband, or upon his refusal to consider the wife’s petition.” Only ta laaq and tafriq entitle the woman to any sort of compensation or maintenance from her former husband.

Khula is referenced in both the Quran and Hadith. One of the famous cases in Islam regarding khula was the story of the wife of Thabit bin Qais. The wife of Thabit bin Oais told the Prophet that she did not like her husband and the Prophet asked her if she would return the garden that he gave her as a dowry. When she replied yes, the Prophet had Thabit take back the garden and divorce his wife (Sahih Bukhari Volume 7, Book 063, Hadith 197). This example of khula revealed that women did not need to show any obvious fault or reason for wanting a divorce. The woman only had to compensate her husband for what he had given her. However, as with most religious teachings, modern interpretations of what khula entails and how it is carried out tend to vary by region and state.

In more traditional societies, khula is viewed as having a negative impact and there are several members of these societies that would prefer to see khula laws repealed. Ghalwash (2011) explains the stance of opposition to khula in Egyptian society, writing, “Islamists particularly single out the khul’ law….They argue that this law does not reflect the values and customs of Egypt’s very traditional society….they agree on the fact that the khul’ law is bad for society and must be repealed” (np). Khula tends to be a woman’s last resort for divorce and societies attempting to repeal khula will undoubtedly create dangerous infringements on women’s rights.

Another reason cited as to why academics believe that women face inequality in the divorce process stems from the financial situation of women. Many women in Muslim countries cannot rely on the court for a tafriq divorce, which would grant them financial compensation from their husband. The reason women cannot rely on tafriq divorce can result from any number of factors, such as they do not meet the criteria for obtaining a divorce, they do not wish to wait the lengthy period it takes to obtain the court-based divorce, or they are unfairly denied a divorce based on a conservative or discriminatory ruling from the judge. Women who cannot obtain a tafriq divorce through the court have the option of filing for a no-fault khula divorce in order to end an unhappy marriage.

Khula divorce requires the relinquishment or compensation of funds from the woman and this can oftentimes serve as a deterrent for women wishing to obtain a divorce. In a study of divorced women in Pakistan, Critelli (2012) found “loss of valuable assets was a frequent consequence for the women, leaving them more vulnerable and with few resources to support themselves…. Several respondents lost inheritances of land and other property from their marriages. Others were embroiled in protracted legal challenges because of their husband’s efforts to deny them child support and maintenance.” Women in Muslim countries are oftentimes financially dependent on their husband and therefore do not have the necessary funds to pay back their dowries as required by the khula process. Furthermore, women who are unable to financially support themselves after a divorce because they have relinquished financial support from their husband through khula must instead rely on their family members for financial support. Many women are reluctant or unable to rely on family members because they do not want to be a burden or they do not have their family’s support after going against the social norm in the first place.

Islamic law is often criticized as being too backwards where women’s rights are concerned. In the case of divorce, Islamic law is actually much more liberal in some regards than the Western audience gives it credit for. Divorce is both allowed and acceptable under Islamic law and either the husband or wife can individually initiate the separation. What is far less liberal is the modern-day interpretation regarding divorce found in a number of conservative Muslim societies. But even then there are non-Muslim countries that are just as bad – if not worse – in matters regarding unfair divorce policies. While no divorce system in the world could be considered a perfect system, it is important to alter policies that are unfair against a certain population group. Ignoring the problem not only undermines the institution of marriage, but can also infringe on aspects of human rights. Ultimately, this may be one of the fundamental social issues that four of the five Caspian states need to make improvement on as they all integrate deeper into modern global society.

Alyssa Benoist is the America’s Region Intelligence Analyst for a Silicon Valley Fortune 500 tech company. She graduated with her Master's degree in International Security and Intelligence Studies from Bellevue University in Omaha, Nebraska, USA.

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New Social Compact

An Analysis on Marshall McLuhan’s concepts

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Marshall McLuhan is an important scholar who has made major contributions to communication discipline through introducing new concepts like “global village” and “medium is the message”. It can be said that ideas of McLuhan can be applied to new technologies and social media discussions today.

McLuhan introduced the idea of “medium is the message” in his book called Medium is the Message that was published in 1967. According to McLuhan, what is said by the message is not very significant. The media actors which can be regarded as the medium hold a more major influence on the masses than the message it presents.

The medium (or media in other terms) does not only have the role of being the carrier of the message but it is also the message that shapes people’s views and perceptions (McLuhan, 1967). McLuhan, based on the idea of “medium is the message” gave examples to support his claim in his book Understanding Media: The Extensions of Man published in 1964. According to McLuhan, the content of any medium is always another medium. For instance, the content of writing is speech; the written word is the content of print; and print can be seen as the content of the telegraph (McLuhan, 1964).

Another important concept coined by McLuhan is “global village”. This concept was introduced in the 1960s to say that mass media will spread all over the world and make the world become a global village (McLuhan, 1962). According to McLuhan, the electronic interdependence of today’s world produces a world in the sense of “global village”. The global village has been created by the instant electronic information movement according to McLuhan.

McLuhan believed in the usefulness of communication technologies. One of the most important emphases McLuhan made was about drawing attention with his findings about the global communication revolution. According to McLuhan, TV has been a critical invention that ensures that nothing remains a secret, and that eliminates privacy, and he believed that the change of societies is possible with the development of communication tools in various forms. McLuhan made one of the most important predictions of the 20th century. This was  the Internet.

In contemporary world, social media is used by millions of user all over the world. New technologies have turned the world into a “global village” Although McLuhan said almost 60 years ago, his ideas about media (medium is the message) and the “global village” concept are still relevant today.

References

  • McLuhan, M. (1962), The Gutenberg Galaxy: The making of typographic man.   London: Routledge.
  • McLuhan M. (1964), Understanding Media: The Extensions of Man by Marshall McLuhan, McGraw Hill
  • McLuhan, M. (1967). The Medium is the Massage: An Inventory of Effects.  London: Penguin Press.

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New Social Compact

Leaving no one behind with Fiqh for person with disability

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As I watch the new Netflix documentary, Crip Camp: A Disability Revolution produced by former President Barrack Obama and Michelle Obama, I realize thatthere is an urgent need for grassroot activism to support disability religious rights to pave the way towards greater equality. The movie highlights disabled summer campers who fight for the realization disability rights in 1970s, at the time when they were largely ignored by the state.

And does Indonesia need A Disability Revolution?

According to a study by Monash University, it is estimated that the disability prevalence rate in Indonesia is between 4% and 11%. There are several causes of disability, ranging from malnutrition, diseases, ageing population, natural disaster, and accident. Unfortunately, due to social stigma in the society against people with disability, the disability statistical figures may be underreported.

The Indonesian government has been actively involved in international convention by ratifying United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007 and issued the law no. 8 of 2016 on rights of persons with disabilities to comply with human rights standards. But, at the same time the law faces some stagnate situation regarding improved well-beings of people with disabilities because disability prejudices are still at the heart of this tension. 

For example, disabled children are less likely to attend formal education because of lacking inclusive schools. In public places, ramps and accessible information are not easily available. Zooming into the workforce, Indonesian 2010 census reported that only 26,4% people with severe disabilities were employed in formal sectors. This resulted in high rate of self-employment among people with severe disabilities. Many people with mental disability, such as bipolar disorder, have to conceal their condition for the fear of losing jobs.

A research found that discriminations against people with disabilities in developing countries, including Indonesia, caused a loss of up to 7% of Gross Domestic Product(imagine : what if a genius with severe disability like the late Professor Stephen Hawking had never been employed at university?).

Women with disabilities even suffered more from double prejudices, by their gender and their disabilities. What makes thing more difficult for disabled citizens is that, despite of some disabilities laws and ministerial decrees, they were poorly enforced. This explains the urgency of ending this discrimination from a social-economic developmental perspective.

As the largest Muslim majority country in the world, Fiqh (Islamic jurisdiction) for person with disability remains important to safeguard equal religious rights. As a non-disabled Muslim woman, being able to perform Islamic prayer (shalat) properly help me increase my mental wellbeing during this unprecedented time.

Unfortunately, there are still some Muslims who believe that disabilities are by-products of witchcrafts (sihr) or demons (syaitan) which can be healed only by involving spirits and enchanting some quranic verses. Further, in Islamic law per se, there is no specific term which can encompass all disabilities.

“Fiqh for person with disability is very important because the society has yet to accommodate special needs for people with disabilities in performing religious rituals. For example, how does Islam regulate the wudlu(ablution) taken by a man/woman without arms? Considering that Islamic law obligates that someone must wash one’s arm up to elbow during wudlu. And will the wheelchair be considered as najis(impure) inside the mosque?” said Mr. Bahrul Fuad, a disabled person and board member of AIDRAN (Australia-Indonesia Disability Research and Advocacy Network).

Mr. Ahmad Ma’ruf, the Disability Program Team Leader of Muhammadiyah, the second largest and most influential Islamic organization in Indonesia after Nadlatul Ulama (NU), even posed critical questions:“What if persons with hearing impairment wish to get married and say ijabqabul (Islamic marriage vows), will they use sign language? Because religious court has yet to regulate the sign language issue. And who has the authority to validate the sign language as “legally correct” in Islamic marriage?  What if a man with wheelchair wishes to be an imam (leader of a congregational prayer)? Is he allowed to do that, given the fact that many people still interpret explicitly the regulation that makmum (member of a congregational prayer) must follow movements of imam? What if there is no accessible ablution facility in a mosque? Should a person with disability performs tayamum (dried ablution)?”

To address this issue, NUand Muhammadiyah issued Fiqh for person with disability and raise awareness of the public concerning equality for disabled communities. NU even collaborated with the Ministry of Religious Affairs to disseminate the Fiqhto mosques nationwide.

Fiqh for person with disability will fulfil civil rights of disabled community comprehensively, ranging from ubudiyah(religious rituals),muamalah(interpersonal relation), to sahusiah(public policy). This Fiqh will also protect rights of disabled women, as the most marginalized group.

To ensure the smooth implementation of the Fiqh, the government, civil societies, disabled people organizations, religious leaders, and experts of Islamic law should collaborate for accountable monitoring and evaluation. Regular capacity buildings for judges, teachers, and village officials should also be organized.

Finally, political buy-in through Perda(regional regulation)and guidelines should be issued to strengthen government officials’ commitment to enforce the Fiqh. For example, the Special Province of Aceh under Syariah law have regularly issued qanun(regional regulations subjected to Islamic stipulations).

Historically speaking, during the Umayyad Caliph era in the 700s, the Caliph Al-Waleed ibn ‘Abdul Malik accommodated health treatment needs for his population with disabilities through the provision of health care clinics within all his jurisdictional provinces. This idea was emulated by Caliph Umar Bin Abdul Aziz who hired support services workers for people with disabilities. This initiative resulted in social and legal impacts worldwide, in which a broad array of laws on disabilities were enacted.

In making public policy for citizens with disabilities, the government of Indonesia should not paint disabilities situation with a broad brush. Rather, Fiqhfor persons with disabilities must be taken into consideration seriously. Otherwise, there will be far-reaching consequences on well-beings of people with disabilities in the long run.

This Fiqhis a beacon of hope for future generations, to leave no one behind.

As put forward by a member of Crip Camp: “If you don’t demand what you believe for yourself, you’re not gonna get it”.

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New Social Compact

Good Parenting Reduces the Divorce Rate

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Divorce is a very stressful event. Apart from having a bad impact on children, divorce has a major impact on the survival of the husband and wife who experience it. Divorced couples visit psychiatric clinics and hospitals more than couples from intact families. Divorced couples experience anxiety, depression, feelings of anger, feelings of incompetence, rejection, and loneliness.

In Indonesia, the divorce rate from year to year shows an increasing trend. The Ministry of Religious Affairs of the Republic of Indonesia reports that since 2015 until now there has been an increase in the divorce rate. In 2015 there were 394,246 cases, in 2016 it increased to 401,717 cases, then in 2017 it increased to 415,510 cases, as well as in 2018 it continued to increase to 444,358 cases, and by 2020, per August the number had reached 306,688 cases.

               The increase in the divorce rate from year to year has serious consequences in families. Conflict during the process of parental divorce and separation has a negative impact on the physical and psychological well-being of all family members. Quite a number of research results show that divorce has a negative effect on all family members, especially children. The results of Amato’s research in 2011 with a meta-analysis approach to 67 study results showed that children from divorced families had lower academic achievement, behavior, psychological adjustment, self-concept and social relations than children from intact families.

               Based on In the author’s empirical observation, the ending of marital status for a particular family also brings several social impacts, for example: narrowing social networks which results in a lack of social support, causes negative life experiences and psychological suffering, and causes economic hardship for women.

Thus rather than that, a marriage which basically originates from an agreement between two parties, so if there is a divorce, it is certain that both parties will suffer losses. Even children from marriages who divorce will share such losses. Then, what factors cause divorce? In my opinion, the substantial cause of divorce is the parenting concept of a married couple.

Good Parenting

               Parenting, generally known by the public as a pattern of parenting parents towards their children. This assumption is not completely wrong, but it must be straightened out that parenting is an ideal household conceptualization. Of course, you have to move from a husband and wife long before you have children. A husband and wife have had to discuss it long ago so that in various desired manifestations it can be carried out harmoniously together.

Parents (married couples), basically forming their children until they reach maturity will not be separated from the influence of their world. The mode of reflection on the relationship between parent and child is a complex activity that includes many specific attitudes and behaviors that work separately and collectively to influence the child’s outcome and the emotional bonds in which parental behavior is expressed.

In this case, parenting can be explained in terms of two components, namely parental responsiveness and parental demandness. Parents’ demands are the extent to which parents set guidelines for their children and how their discipline is based on these guidelines. Parental responsiveness is an emotional characteristic of parenting. Responsiveness continues to the extent to which parents support their children and meet the children’s needs. Both responsive and demanding parenting have been linked to securing attachment to children. Referring to Baumrind (1971), he identifies three parenting styles, namely: authoritative, authoritarian, and permissive with responsive and demanding concepts in mind.

Authoritative parentingis a condition of authoritative parents as a combination of demands and responsiveness. They make logical demands, set boundaries and demand children’s obedience, while at the same time, they are friendly, accept the child’s point of view, and encourage children’s participation in decision-making and often seek their children’s views in family considerations and decisions. This type of parent is then referred to as the type of parent who monitors and disciplines their children fairly, while being very supportive at the same time.

Authoritarian parenting, a demanding and unresponsive parental condition. They engage in little reciprocal interaction with children and expect them to accept adult demands without question. Strict socialization techniques (threads, commands, physical strength, love withdrawal) are used by parents who are authoritarian and withhold self-expression and independence. Authoritarian parents tend to set high standards and guidelines and require compliance. Authoritarian parents attribute love to success and not nurturing like the other two parenting styles.

Permissive parenting, consists of several clear and predictable rules due to inconstant follow-up and neglected bad behavior, neutral or positive affective tone. They give children a high degree of freedom and do not restrain their behavior unless physical injury involves. Permissive parenting shows an overly tolerant approach to socialization with responsive and non-demanding parenting behavior. These parents are nurturing and accepting, but at the same time they avoid imposing demands and controls on the child’s behavior. They have little or no hope for their children and often see their children as friends and have few boundaries.

Based on the three parenting models above that the author has reviewed and conducted a literature review, it is clear that the Good Parenting pattern that must be applied by a husband and wife is authoritative parenting. This concept implies a condition in which a positive influence on the realm of a child’s life until he grows up on the aspects of education and psychological well-being is formed.

A positive parent-child relationship illustrates that the family will survive in harmony so that it becomes the foundation of a healthy home and community environment. The influence of the parents on the whole life of the child means the influence from birth to adulthood due to the parents. Children spend most of their time at home and the attitudes, behavior, standard of living, and communication of parents with their children have a major impact on the child’s future life. If their parents are too strict or too obedient, it has a negative impact on their life. But the supportive, caring and flexible attitude of the parents results in a psychologically and mentally healthy child.

Parents (a married couple) should adopt an authoritative parenting style and practically apply it when dealing with their children. They are the backbone of a nation and the nation’s future depends on their psychosocial development. Healthy parents can produce healthy children in exchange for a healthy nation. On the other hand, unhealthy parents (husband and wife) will have a bad influence, a small example is divorce. And this is a burden for the nation.

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