27-11-2007 A.D, 17 Zul Kaada 1428
H.
Celebrating the International Day for the
Elimination of Violence against Women,
Sayyed Fadlullah: The women have the right to defend
themselves against Men's violence.
The Religious Authority,
Sayyed Muhammad Hussein Fadlullah, issued a jurisprudential communiqué
on the occasion of the International Day for the Elimination of
Violence against Women, in which he said:
Despite all the progress that the human view
towards women has witnessed, and despite all the honouring that women
have gained in comparison with their previous states in most eastern
and western countries, and although women have climbed the social and
political ladder reaching the highest governmental posts, and taking
part in the struggle movements side by side with men and even outdoing
them, women still suffer from the violence against them that takes
several forms.
Moreover, violence against women is not restricted
to the east alone, but it is rather universal, although its forms and
degrees may vary between one place and another.
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Women, whether sisters, daughters or wives, are
still subjected to men's domination whether brothers, fathers or
husbands, whose violence takes several forms:
We have firstly the physical violence in which
women are beaten.
This form represents the most degrading human
practice, since it shows that men are incapable of resorting to reason
and logic to prove their viewpoint. It also does not prove that men
are strong. On the contrary, it proves that they are weak, for only
the weak are in need of unjust violence. This violence could reach its
most severe and harsh form when women are subjected to rape which
sometimes might lead to death.
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Physical violence in which women are beaten, proves
that men are weak, for only the weak are in need of unjust violence.
It also shows that they are incapable of restoring to reason and logic
power to prove their viewpoint.
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Then we have the social violence or the so-called
"crimes of honour", whereby the community relies on circumstantial
appearances to issue a sentence of death or exile. In addition to
this, the society does not have the right to issue such sentences or
executing them, except through the proper judicially institutions and
through the legitimate mechanisms. Another form of social violence
would be to impose on women husbands they do not want.
Another kind of violence is the psychological
violence which occurs when husbands threaten their wives with divorce,
or when they do not treat their wives as such, or when the divorce is
used as an element of intimidation and extortion, which makes women
live a state of instability in their marriages and hurt their
psychological and even physical wellbeing.
Then there is the economic violence, which occurs
when fathers or husbands do not shoulder their economic
responsibilities towards their husbands and children, or when they
pressurize their wives to forgo their dowry which represents –
according to Islam a symbolic gift and a token of love and not a
commercial exchange.
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The educational violence is also another form of
violence against women. This form takes place when women are deprived
of their right of education reaching to post graduate levels, thus,
depriving them of raising their cultural and scientific levels and
keeping them in the circle of backwardness and ignorance. To add
insult to injury, they would then be responsible for the mistakes they
commit as a result of the inexperience that is imposed by violence.
We also have the violence in work, which is
represented by not giving women equal pay for equal work. This kind of
discriminating violence is practised by the entire society when the
laws it sets do not take into consideration maternity or similar
rights. Then there are the various kinds of exploitation of the
employers to their employees.
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The violence against women in work, is represented
by not giving women equal pay for equal work. There are also the
various kinds of exploitation of the employers to their employees.
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Faced by all these forms of violence, we would like
to highlight and stress on the following points.
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Firstly: In Islam, lenience is the norm that takes
priority over violence which should only be resorted to in exceptional
cases, as in self-defence or the need for educational punishment. The
Messenger of Allah has said: Whenever leniency has been put on
something it would improve it, while it would discredit anything it is
removed form.
This rule is universal and includes all human
relations, with no difference between men and women, old or young.
Secondly: The fact that men maintain women does not
mean that they have the authority over them. It merely means that they
run their families but not in a tyrannical way, they have to confer
with their wives in all the things they both have in common.
Thirdly: The fact that women perform the household
work which Islam did not commission them to, but even proposed a
salary for such a work, should lead men to appreciate the sacrifices
women offer in taking care of their families, and refrain from any act
of violence against them.
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The fact that men maintain women does not mean that
they have the authority over them
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Fourthly: Islam has laid a fixed rule for the
relations between husbands and wives, as well as the families in
general; the rule of equity and kindness. He says in the Glorious
Quran and treat them kindly,
and then keep (them) in good fellowship
or let (them) go with kindness. This rule could well serve as a
guide for the religious authorities to end marriages if they violate
the rule of kindness.
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Fifthly: Islam considers that married women are
lawfully independent financial entities. Husbands are not allowed to
control their wives’ wealth, or to interfere in their private business
and financial interests that are not related to them as husbands or
the families they run.
Sixthly: Islam did not allow men to practice any
violence against women, whether regarding their lawful rights attained
through the marriage contract, kicking them out of the house or even
using harsh words or cursing, which is sin that Allah will hold men
responsible for and the Islamic law defined certain punishments for
such actions.
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Islam considers that married women are lawfully
independent financial entities. Husbands are not allowed to control
their wives’ wealth, or to interfere in their private business and
financial interests that are not related to them as husbands or the
families they run
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Seventhly: If men practice physical violence
against women, and the latter have no means to defend themselves
except through exchanging violence. This would be permissible as an
act of self-defence. It is also permissible for women who are denied
of their legal rights such as providing for them or fulfilling their
sexual needs, to deny their husbands the rights that the marriage
contract stipulates for them.
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Eighthly: Islam emphasises that there is no
guardianship over physically and mentally mature women who are
independent in running their own affairs.
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If men practice physical violence against women,
and the latter have no means to defend themselves except through
exchanging violence. This would be permissible as an act of self-defence.
It is also permissible for women who are denied of their legal rights
such as providing for them or fulfilling their sexual needs, to deny
their husbands the rights that the marriage contract stipulates for
them.
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No one can impose on these women any husbands they
do not want. And any contract convened without their consent is
considered null and void.
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Ninthly: In the framework of our concern to
preserve the family, we maintain that the law that governs women's
work should coordinate between women's jobs and the family needs. Any
neglect of such a responsibility could destabilize the family, which
means that the society would be practicing multiple violence against
its own social structures and values.
Tenthly: Islam has emphasized that the women's
position goes side by side to men, whether in being human or being
rational or in holding responsibility. It instituted familial life on
the basis of love and mercy, giving the family a humane dimension in
which its members interact away from the legal terms that are
emotionally and spiritually dry.
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No one can impose on these women any husbands they
do not want. And any contract convened without their consent is
considered null and void
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Thus giving man as a whole spiritual richness,
psychological stability and intellectual progress, be he a man or a
woman, an individual or a community.