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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

Demand for Investigation of COVID-19 gained momentum

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Human history is full of natural disasters like Earthquakes, Floods, Fires, Vacanos, Drought, Famine, Pandemic, etc. Some of them were really huge and have been damaged a lot. The outbreak of diseases was also very common in the past, like Spanish Flu, Tuberculosis, Cholera, Ebola, SARS, Middle-East-Virus, etc. However, the most damaging in recent history is COVID-19.

According to Worldometer, the latest data reveal that Coronavirus Cases has reached :

193,422,021, and death toll touched: 4,151,655. However, these are the official data provided by each individual country to Worldometer. The actual data is much more, as some countries have limited resources and could not test their population on a bigger scale, whereas few countries hide the actual data to save face, like India. Prime Minister Modi has mishandled the Pandemic and politicized it. His extremist approach toward minorities and political opponents has worsened the situation. He is afraid, if the public comes to know the actual disasters, he may lose political popularity and have to leave the office. Unofficial sources on groud estimate the actual figures are almost ten times higher. He has taken strict measures to hide the actual data and control media on reporting facts.

Whatever the actual data, even the official data shows a big disaster. Almost all nations became the victim of it and suffered heavily. The loss of human lives and the economic loss have made the whole World think seriously.

It is time to investigate the origin of COVID-19. There are many theories, and some are part of the blame game and politics, without proper investigations and reliable evidence. The World is so much polarized that it is very difficult to believe any side of the views and blames. Under this scenario, it is the World Health Organization (WHO) responsibility to conduct a transparent investigation and reach the source of COVID-19. It is believed that the whole World may trust WHO.

Chinese Foreign Ministry spokesman Zhao Lijian demanded on Wednesday that the United States show transparency and conduct a thorough investigation into its Fort Detrick laboratory and other biological labs overseas over the origins of COVID-19 in response to appeals from people in China and around the World. By Wednesday afternoon, an open letter published on Saturday asking the World Health Organization to probe Fort Detrick had garnered nearly 5 million signatures from Chinese netizens.

“The soaring number reflects the Chinese people’s demands and anger at some people in the US who manipulate the origin-tracing issue for political reasons,” Zhao said at a regular news briefing in Beijing.

The US Centers for Disease Control and Prevention issued a “cease and desist order” in July 2019 to halt research at Fort Detrick that involved dangerous organisms like the Ebola virus. The same month, a “respiratory outbreak” of unknown cause saw more than 60 residents in a Northern Virginia retirement community become ill. Later that year, Maryland, where Fort Detrick is based, witnessed a doubling of the number of residents who developed a respiratory illness related to vaping.

But the CDC never released information about the shutdown of the lab’s deadly germ research operations, citing “national security reasons”. “An investigation into Fort Detrick is long-overdue, but the US has not done it yet, so the mystery remains unsolved,” Zhao said, adding that was a question the US must answer regarding the tracing of the origins of COVID-19.

There are 630,000 of its citizens lost to the Pandemic. The US should take concrete measures to investigate the origins of the virus at home thoroughly, discover the reason for its inadequate response to the Pandemic, and punish those who should be held accountable. Especially in the initial days, the mishandling of the Pandemic by then-President Trump was a significant cause of the rapidly spreading of the virus, which must be addressed adequately. Washington remains silent whenever Fort Detrick is mentioned. It seeks to stigmatize and demonize China under the pretext of origin-tracing.

It appealed that the WHO may come forward and conduct through research and investigation in a professional, scientific, and transparent manner to satisfy the whole World.

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New Social Compact

How to eliminate Learning Poverty

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Children learn more and are more likely to stay in school if they are first taught in a language that they speak and understand. Yet, an estimated 37 percent of students in low- and middle-income countries are required to learn in a different language, putting them at a significant disadvantage throughout their school life and limiting their learning potential. According to a new World Bank report Loud and Clear: Effective Language of Instruction Policies for Learning, effective language of instruction (LoI) policies are central to reducing Learning Poverty and improving other learning outcomes, equity, and inclusion.

Instruction unfolds through language – written and spoken – and children learning to read and write is foundational to learning all other academic subjects.  The Loud and Clear report puts it simply: too many children are taught in a language they don’t understand, which is one of the most important reasons why many countries have very low learning levels.

Children most impacted by such policies and choices are often disadvantaged in other ways – they are in the bottom 40 percent of the socioeconomic scale and live in more remote areas.  They also lack the family resources to address the effects of ineffective language policies on their learning. This contributes to higher dropout rates, repetition rates, higher Learning Poverty, and lower learning overall.

“The devastating impacts of COVID-19 on learning is placing an entire generation at risk,” says Mamta Murthi, World Bank Vice President for Human Development. “Even before the pandemic, many education systems put their students at a disadvantage by requiring children to learn in languages they do not know well – and, in far too many cases, in languages they do not know at all. Teaching children in a language they understand is essential to recover and accelerate learning, improve human capital outcomes, and build back more effective and equitable education systems.”

The new LoI report notes that when children are first taught in a language that they speak and understand, they learn more, are better placed to learn other languages, are able to learn other subjects such as math and science, are more likely to stay in school, and enjoy a school experience appropriate to their culture and local circumstances. Moreover, this lays the strongest foundation for learning in a second language later on in school. As effective LoI policies improve learning and school progression, they reduce country costs per student and, thus, enables more efficient use of public funds to enhance more access and quality of education for all children.

“The language diversity in Sub-Saharan Africa is one of its main features – while the region has 5 official languages, there are 940 minority languages spoken in Western and Central Africa and more than 1,500 in Sub-Saharan Africa, which makes education challenges even more pronounced,” says Ousmane Diagana, World Bank Regional Vice President for Western and Central Africa. “By adopting better language-of-instruction policies, countries will enable children to have a much better start in school and get on the right path to build the human capital they need to sustain long-term productivity and growth of their economies.” 

The report explains that while pre-COVID-19, the world had made tremendous progress in getting children to school, the near-universal enrollment in primary education did not lead to near-universal learning. In fact, before the outbreak of the pandemic, 53 percent of children in low- and middle-income countries were living in Learning Poverty, that is, were unable to read and understand an age-appropriate text by age 10. In Sub-Saharan Africa, the figure was closer to 90 percent. Today, the unprecedented twin shocks of extended school closures and deep economic recession associated with the pandemic are threatening to make the crisis even more dire, with early estimates suggesting that Learning Poverty could rise to a record 63 percent. These poor learning outcomes are, in many cases, a reflection of inadequate language of instruction policies.

“The message is loud and clear.  Children learn best when taught in a language they understand, and this offers the best foundation for learning in a second language,” stressed Jaime Saavedra, World Bank Global Director for Education. “This deep and unjust learning crisis requires action. Investments in education systems around the world will not yield significant learning improvements if students do not understand the language in which they are taught. Substantial improvements in Learning Poverty are possible by teaching children in the language they speak at home.”

The new World Bank policy approach to language of instruction is guided by 5 principles:

1. Teach children in their first language starting with Early Childhood Education and Care services through at least the first six years of primary schooling.

2. Use a student’s first language for instruction in academic subjects beyond reading and writing.

3.  If students are to learn a second language in primary school, introduce it as a foreign language with an initial focus on oral language skills.

4. Continue first language instruction even after a second language becomes the principal language of instruction.

5. Continuously plan, develop, adapt, and improve the implementation of language of instruction policies, in line with country contexts and educational goals.

Of course, these language of instruction policies need to be well integrated within a larger package of policies to ensure alignment with the political commitment and the instructional coherence of the system.

This approach will guide the World Bank’s financing and advisory support for countries to provide high-quality early childhood and basic education to all their students. The World Bank is the largest source of external financing for education in developing countries – in fiscal year 2021, it broke another record and committed $5.5 billion of IBRD and IDA resources in new operations and, in addition, committed $0.8 billion of new grants with GPE financing, across a total of 60 new education projects in 45 countries.

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New Social Compact

World leaders must fully fund education in emergencies and protracted crises

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Many schools in Afghanistan have suffered the effects of long-term conflict. ©UNICEF/Marko Kokic

During June’s UN Security Council High-Level Open Debate on Children and Armed Conflict, leaders from across the world stood up to call for expanded support for education in emergencies to protect vulnerable children and youth enduring armed conflicts, climate change-related disasters, forced displacement and protracted crises.

In our collective race to leave no child behind and to achieve the Sustainable Development Goals in just nine short years, now is the time to translate these universal values and human rights into action.

The will is there. Nations across the globe, UN leaders and other key stakeholders stood up to address the horrific attacks on education happening on a daily basis and called for increased funding for organizations working to ensure crisis-affected children have access to safe, quality education.

Irish President Michael Higgins focused on education, protection and accountability in his address.

“I am sure that we can all agree that it is morally reprehensible that 1 in every 3 children living in countries affected by conflict or disaster is out of school. Schools should be protected, be a safe shelter and space for learning and development,” said Higgins. “Ireland prioritizes access to education in emergencies. We have committed to spend €250 million on global education by 2024. That is why we are launching the Girls Fund to support grassroots groups led by girls, advancing gender equality in their own communities.”

Nicolas de Rivière, Permanent Representative of France to the United Nations, highlighted support from France to Education Cannot Wait, as well as the importance of protection for children caught in emergencies.

“The socio-economic consequences of the pandemic and school closures put children at greater risk: inequalities are increasing in all regions of the world. Acts of domestic violence, rape and other forms of sexual violence, and school dropout have increased,” said de Rivière. “School closures increase recruitment by armed groups as well as child labor. Here, as everywhere, girls also have specific vulnerabilities. I am thinking in particular of the risk of early and forced marriage. For its part, France will continue to play an active role and promote the universal endorsement of the Paris Principles and Commitments. In the field, we support projects that guarantee access to education in emergency situations, notably the Education Cannot Wait Fund.”

Children under attack

The number of grave violations against children rose to 19,000 in 2020 according to the UN Secretary-General’s Report on Children in Armed Conflict, released in May 2021. To put this number in context, that’s over 50 girls and boys every day that are killed or maimed, recruited and used as soldiers, abducted, sexually violated, attacked in a school or hospitals, or denied their humanitarian access to things like food and water. 

The numbers are staggering. Last year, more than 8,400 children and youth were killed or maimed in ongoing wars in Afghanistan, Somalia, Syria and Yemen. Another 7,000 were recruited and used as fighters, mainly in the Democratic Republic of the Congo, Myanmar, Somalia and Syria. With COVID-19 straining budgets and humanitarian support for child protection, abductions rose by 90 per cent last year, while rape and other forms of sexual violence shot up 70 per cent.

UN Secretary-General António Guterres underscored the need to support the Safe Schools Declaration and the Children in Armed Conflict mandate in his address to the UN Security Council.

“We are also seeing schools and hospitals constantly attacked, looted, destroyed, or used for military purposes, with girls’ education and health facilities targeted disproportionately. As we mark the 25th anniversary of the creation of the Children in Armed Conflict mandate, its continued relevance is sadly clear and it remains a proven tool for protecting the world’s children,” said Guterres. 

This is a vast human tragedy playing out across the globe. And despite efforts to support the Safe Schools Declaration, to re-imagine education during the COVID-19 pandemic and to align forces to achieve the Sustainable Development Goals, we seem to be backsliding on our commitments.

Just imagine being a mother and learning that your daughter will not be coming home from school today. That she was abducted, along with 150 other students at their school in Nigeria. Imagine seeing your son, Sabir, lose his leg after being shot by armed gunmen in South Sudan. Imagine being a Rohingya girl like Janet Ara, who hid in forests, forged rivers and is now seeking a better life and opportunity through an education in the refugee camps of Bangladesh.

Imagine the trauma and terror … now imagine the opportunity.

A wake-up call

If we can come together to give every girl and boy on the planet access to a quality education, we can build a more peaceful, secure, humane and prosperous world.

Before COVID-19 hit, we calculated that at least 75 million children and youth caught in crisis and emergencies were being denied their right to an education. But with schools closed and many children at risk of never returning to the classroom, that number has jumped to around 128 million. That’s more than the total population of the United Kingdom. That’s more than the total populations of Canada, Denmark and Norway combined.

Denying these children their right to a quality education perpetuates cycles of poverty, violence, displacement and chaos.

As the United Nations global fund for education in emergencies and protracted crises, Education Cannot Wait (ECW) offers a new approach to break these negative cycles for good.

This means embracing a New Way of Working that brings in actors from across all sectors – national governments, donors, development, humanitarian response and education actors, national and local civil society, the private sector and more – to break down silos and work together to deliver whole-of-child solutions for whole-of-society problems.

In doing so we are bridging the humanitarian-development-peace nexus. Through ground-breaking collective action with partners across the globe, ECW has already launched multi-year resilience programmes and first emergency responses across more than 30 countries and crisis contexts and is on track to do more.

By doing so we can replace the cycle of poverty, violence, displacement and chaos with a cycle of education, empowerment, economic development, peace and new opportunities for future generations.

Delivering on our promise for universal, equitable education

The ECW model has proven to work. 

In just a few short years of operation, ECW has already provided 4.6 million crisis-affected girls and boys with access to a quality education. We’ve worked with national governments, donors, UN agencies and NGOs to reach 29.2 million girls and boys with our education in emergency response to the COVID-19 pandemic.

In Bangladesh, girls like Janet Ara are returning to school, children with disabilities like Yasmina are accessing the support they need to learn, grow and thrive, and organizations like BRAC are receiving the support they need to build back better from the fires.

In Afghanistan, girls like Bibi Nahida are attending school for the first time, remote learning is helping children to continue their education during the pandemic, and female teachers are being recruited to teach biology, science and empower an entire generation of girls.

In Colombia and Ecuador, refugee children fleeing violence, hunger and poverty in Venezuela are being brought into schools, provided with laptops and cellular plans, and the psychosocial support they need to recover from the anxiety and stress of displacement.

Our call to action

An investment in education is an investment in the present and the future.

Recent analysis indicates that the likelihood of violence and conflict drops by 37% when girls and boys have equal access to education. Incomes go up by as much as 10% for each year of additional learning, while an estimated $15 to $30 trillion could be generated if every girl everywhere were able to complete 12 years of education.

We are making important headway with partners across the globe. The amount of humanitarian funding for education increased five times between 2015 and 2019 – and accounted for 5.1% of humanitarian funding in 2019.

Nevertheless, just 43.5% of humanitarian appeals for education were mobilized that same year.

That means girls like Bibi and Janet Ara may be pushed out of school, boys like Sabir might be recruited into armed groups. And children with disabilities like Yasmina will be pushed to the sidelines.

We have the will. Now it’s time to turn that will into action.

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