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Talk 5 A Vision of Muslim Women's Lives under the Shariah of Islam

بسم الله الرحمن الرحيم

Dearest sisters, the complicated and miserable problems experienced by women today under the democratic-capitalist system and all other man-made systems will end by the implementation of laws based on the Shariah of Islam. The poverty, violence, exploitation, and lack of proper educational, legal and political rights suffered by tens of millions of women in Indonesia and hundreds of millions of women across the Muslim world can only be stopped by the application of Islamic laws in our lands under the Islamic Khilafah "Caliphate" State.

The Khilafah "Caliphate" will achieve all this through its political, economic, educational, judicial, social and other systems which embody a host of laws and policies extracted from the Shariah of Islam which when implemented in a comprehensive manner will work in an integrated way to secure the high status, privileges, and good standard of living for women which Islam defines as their God-given right. Partial implementation of the Shariah or placing trust in any man-made system to improve the lives of women, as seen in the last nine decades following the destruction of the Khilafah "Caliphate", only provides false hope and broken promises. The systems, laws and policies of the future Khilafah "Caliphate" have been detailed comprehensively in the extensive literature of Hizb ut Tahrir and are embodied in a draft constitution for the state which the party has published. In my talk today, I would like to provide a brief insight into how the implementation of the Shariah under the Khilafah "Caliphate" would practically solve three common and widespread problems affecting women today.

 

(1) How the Khilafah "Caliphate" will Lift Women from Poverty and Provide them Welfare:

Firstly, how will the Khilafah "Caliphate" lift women from poverty and provide them a good standard of living? The Khilafah "Caliphate" is obliged to ensure that every citizen, male and female, Muslim and non-Muslim has their basic needs met as well as establish economic prosperity for its people to better their lives financially, for the Prophet (saw) says,

«لَيْسَ لابْن آدَمَ حَقٌّ في سِوى هَذِهِ الخِصَال: بَيْتٌ يَسْكُنُهُ، وَثَوْبٌ يُوَارِي عَوْرَتَهُ وَجِلْفُ الخُبز، وَالمَاءِ»

"The son of man has no better right than that he would have a house wherein he may live, a piece of cloth by which he can hide his nakedness, a piece of bread and some water."

This the Khilafah "Caliphate" achieves through laws and policies of the unique Islamic economic system that ensure the effective and fair distribution and circulation of wealth. This includes the prohibition of riba (or interest) and hoarding of wealth which concentrates wealth in the hands of the few. This prohibition frees up wealth in the society and incentivizes individuals to spend and to invest in business rather than just to place their money in banks, hence generating employment. The state will also therefore immediately end the strangulating debt burden caused by the interest from IMF and other foreign loans, freeing up billions to spend on lifting its citizens from poverty and investing in good public education, healthcare and other services for its men and women alike.

The Khilafah "Caliphate" also prohibits the privatisation of natural resources such as oil, gas, minerals, and water so that all benefit from these valuable assets, for the Prophet (saw) said,

«المسلمون شركاء في ثلاث، في الماء، الْكَلَأِ، والنار»

"Muslim People are partners in three: the water, the green pastures, and the fire."

The State would therefore invest in development projects to extract natural resources from our lands. This would not only create jobs for many people in the public sector but the billions made from the sale of these resources globally would be spent again on public services and the needs of the people. The State would also endeavor to create a healthy and conducive business environment, for example by having a low taxation system that taxes excess wealth rather than imposing heavy taxes on individuals and businesses. This would remove the crippling taxes currently in force in our countries which is impoverishing the people, as well as increase disposable income - encouraging spending, investment, and expansion of businesses. Additionally, the Khilafah "Caliphate" would provide technical assistance, land, farming equipment or even capital to those who lack money, expertise, or other means to make a living, enabling them for example to start a business or farm their land. The Prophet (saw) for example as head of the state in Madinah once gave two dirhams to a man and said, «كل بأحدهما واشتر بالآخر فأسا واعمل به» "Eat with one dirham, and the rest, buy an axe, then use it for work."

Such Islamic economic policies would therefore generate many jobs within the Khilafah "Caliphate", enabling men to provide good lives for their families and taking women out of poverty. Indeed, the state is obliged to guarantee employment for all its male citizens. Article 153 of Hizb ut Tahrir's Draft Constitution of Al-Khilafah "Caliphate" states, "The State should guarantee work for all subjects holding citizenship of the State."

Additionally, under the Khilafah "Caliphate", any woman who is not provided for adequately by her husband or male relative can seek redress through the courts. Furthermore, the Khilafah "Caliphate" must provide financial support through the Baitul Mal (the Central Treasury) for those women who have no provider, for the Prophet (saw) said,

«مَنْ تَرَكَ مَالاً فَلأِهْلِهِ وَمَنْ تَرَكَ دَيْنًا أَوْ ضَيَاعًا فَإِلَيَّ وَعَلَيَّ»

"If somebody dies (among the Muslims) leaving some property, the property will go to his heirs; and if he leaves a debt or dependents, we will take care of them." Islamic rule therefore guarantees for women financial security and ensures that they are never left to suffer financial hardship or fend for themselves and their children.

Furthermore, it is only the Khilafah "Caliphate" that can optimize the collection of Zakat and management of Sadaqa and distribute them effectively to the poor. Economist Habib Ahmed, Chair in Islamic Law and Finance at the Institute of Middle Eastern and Islamic Studies at Durham University calculated that if all potential `zakat' were collected in Muslim countries, between a third and half of them could move their poor out of poverty. With regards to public needs such as education, healthcare and other services, the state is obliged to provide them at a good standard for its citizens - male and female - and free of charge. The Khilafah "Caliphate" will provide free education at primary and secondary levels to both boys and girls will also strive to fund free higher-level education for men and women to the best of its ability. It will therefore invest heavily in the founding and maintaining of adequate numbers of schools, colleges and universities throughout its provinces, striving to eradicate illiteracy and encouraging women to enter higher studies and facilitating their specialization in various fields, including the Islamic disciplines, medicine, science, languages and engineering. All this will be financed through state-owned assets and the results of the management of public property and resources. As we know, Muslim countries, including Indonesia, are extremely rich in natural resources. As an example, two oil and gas blocks in Indonesia (Tangguh and Mahakam) are worth 4000 trillion Indonesian Rupiah (around $320 million), while Indonesia's national budget in 2014 was only 1816 trillion Rupiah, and around 75% of this came from taxes. If this is the worth of just 2 oil and gas blocks, then how about the worth of the 37 oil and gas blocks which Indonesia has in addition to the resources from its abundant forests and surrounding sea? All of this is more than sufficient to generate adequate welfare for every woman in Indonesia. And the same can be said of so many of our Muslim lands which are blessed with abundant wealth and which when united under the Khilafah "Caliphate" can lift the women across the region from poverty.

With all this in place, there should be no need for a single woman to have to beg on the streets, or struggle in exploitative, dangerous, back-breaking jobs as seen in the garment industry in Indonesia, Pakistan, or Bangladesh, or work as migrant workers in foreign lands with the risk of inhuman violations, even the threat of losing their lives. Furthermore, its healthy economic environment will enable women to seek respectable jobs and have an active economic life if they wish. For example, they could be doctors, lecturers, journalists, engineers, directors of a companies, civil servants, judges and much more all permitted by Islam.

 

(2) How the Khilafah "Caliphate" will Protect Women from Violence:

Secondly sisters, how will the Khilafah "Caliphate" protect women from violence and violations of their dignity? Well, within the Khilafah "Caliphate", the protection of women's honour and security will be placed as a key pillar of state policy as obliged by Islam. Article 112 of Hizb ut Tahrir's Draft Constitution for the Khilafah "Caliphate" states, "She (the woman) is an honour (‘ird) that must be protected." So the Khilafah "Caliphate" will use its political, educational and media systems as well as all other avenues at its disposal to promote widely and intensively the view of respect towards women within its society. This is in accordance to the numerous Islamic evidences that oblige men to treat women well, for Allah (swt) says,

((وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ))

"And live with them (women) honourably." [TMQ An-Nisa: 19], and the Prophet (saw) said,

«ما أكرمهن إلا كريم وما أهانهن إلا لئيم»

"None but a noble man treats women in an honorable manner, and none but an ignorant treats women disgracefully." The State's education system that builds the Islamic personality as well as the Khilafah "Caliphate"'s promotion of taqwa (God-consciousness) within society will also nurture mentalities of accountability and responsibility in the manner by which men view and treat women. Additionally, the Khilafah "Caliphate" prohibits any form of violence, exploitation, or objectification of women or any other action that degrades their status. Through its educational and judicial system the Khilafah "Caliphate" will also strive to eradicate cultural attitudes that devalue women or rob them of their Islamic rights, as well as eliminate oppressive traditional practices such as forced marriages and honour killings. It will also prohibit the influx of any ideas, images, books, magazines, or music into its society that cheapen the status of women or promote a hedonistic lifestyle that exacerbates violence and abuse against women.

In addition to all this, the Islamic social system, which regulates the interaction between men and women, provides a framework by which to practically protect the dignity of women: firstly, by preserving a pure relationship between the  genders which establishes a productive, healthy cooperation between men and women in all fields of life; and secondly, by creating a chaste and pure environment where sexual desires are fulfilled in a manner that brings goodness to society rather than harm. All this helps to maintain an atmosphere of immense respect towards women, minimising violence and other crimes against them. And finally, the Khilafah "Caliphate" will implement Islam's harsh punishments for any form of abuse against women including for violence and rape. These penal laws include lashing for slander or the death-penalty for other crimes against their dignity.

(3) How the Khilafah "Caliphate" will Secure the Political Rights of Women:

And finally sisters, how will the Khilafah "Caliphate" secure the political rights of women in the Muslim world which they have been robbed of for decades under dictatorships and democracies alike? Well, under the Khilafah "Caliphate", women will have the same political rights and obligations as men. This is in accordance to Islamic evidences that command Muslim men and women to have an active role in the politics of their society, for example, the Prophet (saw) said, addressing men and women,

«كَلاَّ وَاللَّهِ لَتَأْمُرُنَّ بِالْمَعْرُوفِ وَلَتَنْهَوُنَّ عَنِ الْمُنْكَرِ وَلَتَأْخُذُنَّ عَلَى يَدَىِ الظَّالِمِ وَلَتَأْطُرُنَّهُ عَلَى الْحَقِّ أَطْرًا وَلَتَقْصُرُنَّهُ عَلَى الْحَقِّ قَصْرًا»

"Nay, by Allah, you have to enjoin the Ma'ruf and forbid the Munkar, and to hold against the hand of the tyrant, and to force him on the truth truly and to limit him to the truth really, otherwise Allah will hit the hearts of some of you against others, then He will curse you as He cursed them". The Khilafah "Caliphate" will provide women multiple avenues to raise grievances against the state, account their ruler, or express their political opinions. Article 20 of Hizb ut Tahrir's Draft Constitution for the Khilafah "Caliphate" states, "Calling upon the rulers to account for their actions is both a right for the Muslims and a fard kifaayah (collective duty) upon them." Therefore, within the Khilafah "Caliphate" women can be members of political parties, raise their views in an independent media, or establish media outlets without the need for a license. They will have the right to be elected representatives of councils which advise and account governors and the Khalifah in all matters of the state. Indeed, Islamic history is awash with examples that highlight how the political opinions of women are valued under the Shariah. For example, Umar bin Al-Khattab (ra), the second Khalifah of Islam would gather men and women in the mosque and seek their opinions on various matters. He would also consult a woman called Al-Shifa bint Abdullah on various political matters due to her intelligence and insight, often giving preference to her opinions over others. Additionally, the Khilafah "Caliphate" will give women their Islamic right to elect their representatives and the Khalifah, as well as raise complaints against rulers or officials of the state to the Makhkaamat ul-Madhalim, a special court that investigates negligence or injustice in ruling, allowing women to openly account their rulers without fear.

 

Conclusion:

Dear sisters, from this description, it is clear how it is only the Shariah of Islam implemented comprehensively under the Khilafah "Caliphate" that can give a bright future to the lives of Muslim women. It is a historical fact that this was the only State able to bring prosperity and security for all people under its reign, including its women. This is to be expected for it is only the application of the Laws of the Creator that can establish for women the high status and rights that He (swt) prescribes for them. So it is a must that we no longer look for solutions to our problems as Muslim women from outside of Islam. Therefore, let us turn our attention, hopes and efforts to the re-establishment of this glorious state which alone holds the promise of delivering real change and a dignified future for the women of the Muslim world. Allah (swt) says,

((فَإِمَّا يَأۡتِيَنَّڪُم مِّنِّى هُدً۬ى فَمَنِ ٱتَّبَعَ هُدَاىَ فَلَا يَضِلُّ وَلَا يَشۡقَىٰ وَمَنۡ أَعۡرَضَ عَن ذِڪۡرِى فَإِنَّ لَهُۥ مَعِيشَةً۬ ضَنكً۬ا وَنَحۡشُرُهُۥ يَوۡمَ ٱلۡقِيَـٰمَةِ أَعۡمَىٰ))

"Whoever follows My Guidance shall neither go astray, nor fall into distress and misery. But whoever turns away from My Reminder (That is, neither believes in the Qur'an nor acts on its orders) verily, for him is a life of hardship, and We shall raise him up blind on the Day of Resurrection." [TMQ Ta-Ha: 123-124]

 

 

Iffah Ainur Rochmah

Spokeswoman of Hizb ut Tahrir Indonesia

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