Introduction
Historically, no nation States and it is within this
milieu that Quran was revealed
Number of ideals and values ordained by God. Eg.,
specifically in relation to womens rights:
o
o
o
o
Introduction (2)
Fundamental liberties in the Federal Constitution (Malaysia):
o
o
o
o
o
o
o
o
o
Fundamental Liberties in
Practice
Right to Life and Liberty (Art. 5)
o Female Genital Mutilation?
o Is there a right to marry?
Can a Muslim man marry a non-Muslim woman who is not of the
People of the Book?
Can a Muslim woman marry a non-Muslim man?
o Is there a right to divorce? Negative right of right to marry?
o Freedom from torture (and beatings)?
o Access to Education?
Slavery (Art. 6)
o Child labour?
o Trafficking of persons?
Fundamental Liberties in
Practice (2)
Right to Equality (Art. 8)
o Do Muslim woman have a case to argue that they should inherit in
equal shares as compared to Muslim men?
o Should Muslim woman have access to the Kadhi Courts?
Fundamental Liberties
Reconciled
Freedom exists only to the extent that God grants
to us?
What if there is a Written Constitution? How can
the values in a Written Constitution be reconciled
with the notion that Man only has liberties to the
extent defined by God?
o Constitution, arguably, is a contract with other individuals
o Quran : O you who believe! Stand out firmly for Allah and be just
witnesses and let not the enmity and hatred of others make you avoid
justice. Be just: that is nearer to piety, and fear Allah. Verily, Allah is
well acquainted with what you do. (Al-Maidah 5:8)
Conclusion
Navigating these issues can be tricky
Particularly when some scholars hold on to traditional
views that men and woman have pre-defined roles in
society. E.g. Mawdudi:
o Women are created to bear and rear children. They are tender, unusually
sensitive, soft, submissive, impressionable, timid and unable to render
unbiased, objective judgment.
o Men are coarse, vehement and aggressive and thus suited to be generals,
statesmen and administrators.