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<DIV>>Forwarded from the international Women in Black list by Cynthia
Cockburn, who says, 'I think it is important to see WLUML's (Women Living Under
Muslim Law) views on the Libyan transition.'<BR><BR><BR>>From: marieme Women
Living Under Muslim Laws <BR>>Statement on Libya 25 October
2011<BR><BR><BR>>WLUML is deeply concerned that the first public <BR>>act
of the Libya's National Transition Committee <BR>>has been to proclaim on
October 23rd, 2011, that <BR>>henceforth, a number of laws will be considered
<BR>>annulled and that 'sharia law' is to replace <BR>>them. Libyaâ?Ts
National Transition Committee is <BR>>an interim government what it has
<BR>>responsibiility for and what its first action <BR>>should have
conceerned, is to put into place a <BR>>mechanism for elections for the new
government <BR>>after the fall of the Gaddafi regime. WLUML <BR>>feels the
urgent need to reflect and raise a <BR>>number of questions regarding this
statement on <BR>>â?~sharia lawâ?T: First, if we accept that
<BR>>democracy means the law of the people expressed <BR>>through their
votes, it is disturbing that the <BR>>first act of this transitional
government (which <BR>>has denounced and follows a very autocratic
<BR>>one), is governing by decree, rather than by <BR>>consulting the
people through democratic means. <BR>>Laws should not be annulled by the will
of a <BR>>ruler or rulers; they should be changed after <BR>>due
democratic consultation, by the will and <BR>>vote of the people. Doing
otherwise is to <BR>>replace one undemocratic ruler by another, and
<BR>>to confuse democracy with monarchy, autocracy or <BR>>oligarchy.
WLUML will support any move by <BR>>independent Libyan women organizations to
demand <BR>>that democratic rules be applied. Second, when <BR>>we
consider which laws have been de facto <BR>>annulled and changed for
religious ones, we see <BR>>that these are laws that directly affect the
<BR>>rights of women in marriage, divorce, <BR>>guardianship, polygamy,
inheritance, etc... i.e. <BR>>family codes or laws of personal status. Women
<BR>>are directly targeted by this change in laws and <BR>>will lose many
acquired rights in the process. <BR>>Finally, what is this 'sharia law' being
invoked <BR>>in the Libyan statement? WLUML knows from its <BR>>own
research* that laws said to be Islamic, <BR>>considered in conformity with
'sharia' vary <BR>>enormously from country to country - hence <BR>>proving
they are man-made rather than God-given. <BR>>Furthermore they include
elements from culture <BR>>and traditions that have nothing to do with
<BR>>religion, as well as colonial laws when these <BR>>best suit the
interests of local patriarchy. <BR>>This is how local traditions such as
muta'a <BR>>marriage or FGM (female genital mutilation) are <BR>>adopted
as part and parcel of â?~religion.â?T <BR>>This is also how the newly
independent Algeria <BR>>in the 1960s deprived its women citizens of any
<BR>>access to contraception and abortion, using a <BR>>long abandoned
French law dating from 1922. And, <BR>>in Mali, the family law voted by the
Parliament <BR>>in 2009, provoked such an outcry by conservative
<BR>>Muslim organizations for alleged non-conformity <BR>>to â?~sharia,â?T
that notwithstanding the <BR>>democratic vote and the support of
<BR>>non-conservative Muslims including women and <BR>>secularists,
the President suspended it sine <BR>>die. Here again, what is democracy and
'sharia' <BR>>in a country that has also signed women's rights
<BR>>international conventions? >From the religious <BR>>point of view
alone, the Qur'an itself can be <BR>>read in >different ways: Tunisia took
the <BR>>historic decision in 1956 to forbid >polygyny <BR>>(aka
polygamy), as legislators pointed out that <BR>>the Qur'an clearly
>indicated both that equal <BR>>treatment between wives is required and
that <BR>>it >was not possible for a man to treat several <BR>>women
perfectly equally; >Algeria in 1962 used <BR>>the same verse to allow a
man to have 4 wives <BR>>and >legitimize polygamy. Which of these
<BR>>contradictory interpretations is >'sharia'? We <BR>>denounce the
loose use of the term 'sharia' to <BR>>give a false religious legitimacy to
patriarchal <BR>>interpretations of religion, as well as to
<BR>>patriarchal traditions. WLUML calls on women's <BR>>organizations and
progressive people around the <BR>>world to remain alert to the
contradictions <BR>>between pretending to be a democracy and
<BR>>decreeing the application of undefined religious <BR>>laws. We also
call for the utmost protest when <BR>>governments and political groups
justify their <BR>>patriarchal moves in the name of 'sharia'. *
<BR>>Knowing Our Rights: Women, family, laws and <BR>>customs in the
Muslim world - 3rd edition, <BR>>London, 2006, <A
href="http://www.wluml.org/node/588">http://www.wluml.org/node/588</A>
<BR>>_______________________________________________
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