scholarly journals The Twenty-first Annual Conference of the Canadian Council of Muslim Women

2004 ◽  
Vol 21 (1) ◽  
pp. 136-139
Author(s):  
Nadira Mustapha

The Canadian Council of Muslim Women (CCMW) held its Twenty-firstAnnual Conference, October 4, 2003 at Crowne Plaza, Montreal, Quebec.CCMW was established in 1982 to attain and maintain equality, equity,and empowerment for Canadian Muslim women in the North Americansetting. Participants from across Canada came to celebrate CCMW’srenowned presence throughout the nation as well as to discuss issuesrelated to the conference: “Engaging Muslim Women in Civic and SocialChange.” The conference was officially opened with the reading of theQur’an in Arabic, English, and French, followed by the Girl Guides ofCanada, Muslim Chapter, singing the Canadian national anthem. Theywere accompanied by the CCMW attendees.Dr. Homa Hoodfar (Concordia University, Quebec) opened the conferencewith the first session: “Building Civil Society in our TransnationalWorld.” Civil society, defined as a society ruled by laws and norms andobeyed by the governing body and the public, was discussed, along with itsrelationship in dealing with such minorities as Muslim women in Canada.A civil society permits a group of people to lobby and work with the publicin a democratic system to facilitate change and development. However,transnational support and solidarity are required in conjunction with lobbying.Hoodfar effectively illustrated this concept by bringing to light theorganization Women Living under Muslim Law (WLUML), which currentlycomprises 4000 individuals and organizations and has surveyed theimplementation of Islamic law in many Islamic countries. Along with servingas a platform to network, the organization exists as a powerful institutionto help Muslim women earn their civil rights and liberties.The presentation “Restoring the Glory of Muslim Women: Leadership,Scholarship, and the Family” by Dr. Azizah al Hibri (University ofRichmond, Richond, VA) passionately described another influentialwomen’s organization. Al Hibri, who has visited 12 Islamic countries, high ...

2009 ◽  
Vol 46 (1) ◽  
pp. 105-130 ◽  
Author(s):  
Rohit De

This article investigates the formation of a political consensus between conservative ulama, Muslim reformers, nationalist politicians and women's organisations, which led to the enactment of the Dissolution of Muslim Marriages Act in 1939. The Act was a radical piece of social legislation that gave South Asian Muslim women greater rights for divorce than those enjoyed by other women in India and Britain. Instead of placing women's rights and Islamic law as opposed to each other, the legislation employed a heuristic that guaranteed women's rights by applying Islamic law, allowing Muslim politicians, ulama and women's groups to find common ground on an Islamic modernity. By interrogating the legislative process and the rhetorical positions employed to achieve this consensus, the paper hopes to map how the women's question was being negotiated anew in the space created in the legislatures. The legislative debate over family law redefined the boundaries of the public and the private, and forced nationalists to reconsider the ‘women's question’. The transformation of Islamic law through secular legislation also gave greater licence to the courts in their interpretation, and widened the schism between traditional practitioners of fiqh and modern lawyers.


2017 ◽  
Vol 13 (3) ◽  
pp. 140-151 ◽  
Author(s):  
A I Tetuev

The author of the article considers the process of formation and development of civil society institutions in Kabardino-Balkaria and Karachay-Cherkessia and their influence on ethno-political processes at various stages of modernization reforms in the post-Soviet Russia, analyzes the formation of regulatory and legal framework of non-commercial organization, the stages of development and the structure of civil society institutions in Kabardino-Balkaria and Karachay-Cherkessia. The article covers activity of public authorities, local government and social associations of the republics during the period of growth of centrifugal tendencies in the North Caucasus. The author analyzes attempts to realize various forms of self-determination, to conduct administrative and territorial transformations and considers the factors that negatively affect the ethno-political situation in the region. The author of the article presents the activity of republican institutions of civil society: public chambers, cultural and national centers and associations, youth and religious organizations, mass media, and studies the experience of public chambers in holding meetings where topical issues of socio-economic and public life of the republics were discussed, including those aimed at strengthening of ethno-political stability in the region. An effective form of taking into account the public opinion while developing management decisions is the participation of the Public Chamber in conducting public expertise of draft federal and regional laws. Special mention should be made of the activities of the Public Chamber for prevention of religious extremism. The work on generalization of the activities of religious associations for implementation of social programs and projects aimed at increasing the level of culture of interconfessional and interethnic tolerance among young people is to solve this problem. At the same time, there are some factors that impede the development of civil society institutions in the region. First of all, it is low social activity of citizens and the absence of principled civic position on a number of crucial issues. In conclusion, the author determines main perspective directions of the development of civil society institutions in the region.


Author(s):  
al-Istrabadi Feisal Amin Rasoul

The post-2003 period in Iraq saw the drafting of two constitutions in rapid succession. An interim constitution was drafted in 2003–2004 and a permanent constitution in 2005. Liberal-secularists were largely ascendant during the drafting of the interim constitution, while the Shīʻī religious parties, in alliance with the Kurdish coalition, dominated the drafting of the permanent constitution. This chapter analyzes the very different philosophical approaches of the two documents by focusing on their differing treatments of the role of Islam and, ultimately, Islamic law, the Sharīʻah. The chapter is organized as follows. Section II presents a digest of the formal constitutional relationship between the State and Islam. Section III analyzes the different approaches of the two post-2003 constitutions to the judiciary, noting especially their different approaches to personal-status laws. Section IV focuses on the 2004 and 2006 constitutions and their respective treatments of civil rights.


2021 ◽  
Vol 74 (1) ◽  
pp. 64-69
Author(s):  
Hanna Buha ◽  

Over the latest 5–10 years, the vocabulary of Ukrainian civil society has increasingly used such concepts as «public monitoring», «public expertise», «public control». This technology is of particular importance in the context of the fact that public control is the basic component of democratic governance. European practice has various forms of such control in its arsenal, which has become a good tradition and a guarantee of democracy in the past world. Back in 2008, the Cabinet of Ministers of Ukraine, namely on November 5, 2008, by Resolution No. 976 adopted the Procedure for Assisting in the Public Expertise of the Executive Authorities Activity. This means that the establishments of civil society, can assess the effectiveness of the activities of any executive authority of Ukraine, according to a certain procedure, as well as they can carry out the procedure for taking into account the latest results of public expertise. Public expertise makes it possible to assess the activities of public authorities, as well as to influence their policies and execution of decisions. The study and unambiguous understanding of public expertise will help to avoid problems in the practical implementation of human and civil rights and freedoms through difficulties. Thus, the concept of public expertise has not yet been sufficiently defined either in normative legal acts or in scientific literature. It should be noted that this concept, namely public examination, is a new phenomenon for domestic science and practice, therefore this concept requires a comprehensive and deep research. So, in our opinion, public expertise is a tool or form of public control which is aimed at achieving transparency in the work of state authorities and local self-government, ensuring the implementation and protection of the rights and freedoms of citizens, as well as such expertise is used for forming and developing civil consciousness. As for the public expertise of executive authorities, it should be noted that it is still more an assessment of their activities and the effectiveness of their decision-making and implementation of these decisions.


Author(s):  
Ipandang Ipandang

This paper aims to parse the boundaries of women's genitals in the family from Islamic law, but what is used as a framework for this analysis is M. Quraish Shihab's thoughts. In the Islamic Shari'at, it is obligatory for Muslim men and women to wear clothes that cover their genitals and are polite. The scholars agreed on the obligation to cover the genitals, however, it is different about the limits of the genitals of Muslim women. At this time, male lust arises regardless of clothes, it could be that Muslim women who wear syar'i clothes can be targeted. If Muslim women have closed their genitals, men have to lower their gaze. This paper is devoted to discussing the limits of aurat Muslim women in the family and the public as well as discussions regarding it. From the analysis that has been carried out, Muslim women in the family do not need a veil or veil with a non-mahram, it is only specific to Ummul Mu'minin. Whereas in the public sphere it is recommended to wear the headscarf for philosophical, security, and economic reasons. From the Quraish, there are three limitations to the hijab, namely, philosophical, security, and economic and that is following maqashid shari'ah.


Author(s):  
N.A. Ghazali ◽  
I Sipan ◽  
F.N Abas ◽  
Raji Fauziah ◽  
M.T.S.H Mohammad

Waqf plays an important role in improving public welfare in whole Islamic Countries. Therefore, waqf shall be conserved and permanently protected to keep its benefits for the public at all times. In order to develop the waqf property, it should be administered properly. Recognition of ownership on the property by effective contract of declaration is essential. Therefore, this paper focuses on the Islamic Law’s perspective regarding effective contract on a binding and valid declaration of waqf property in accordance to Islamic Law and other subsidiary sources as well as academic opinions. This paper also includes formalities of legally binding contract of waqf (waqafiah) on parties, formulated by earliest Muslim jurists. In addition, the detailed discussions on documents of waqf evidencing contractual transactions needed for registration of waqf property are included. The elements of valid and binding declaration of waqf or deeds discussed too. The approach adopted is ‘Content Analyses’. 


2008 ◽  
Vol 9 (5) ◽  
pp. 737-752 ◽  
Author(s):  
Matthias Koetter

In the last week of February 2008, the University Assistants of Public Law from Germany, Austria, and Switzerland came together in Heidelberg for their annual conference to discuss “Security, Freedom and (the) Public(ity).” A better date for the meeting could not have been chosen; on the day the conference started, the German Constitutional Court declared online searches by German intelligence agencies to be unconstitutional and came up with a new dimension of human rights protection for the privacy of computer network systems. This pathbreaking jurisprudence was omnipresent at the conference; it had already been in the opening-speech by Justice Brun-Otto Bryde (Gießen), a member of the First Senate of the Constitutional Court, which was to render its decision the very next day. It was brought up in numerous discussions during the conference and it was the main topic on the panel discussion with Paul Kirchhof (Heidelberg), a former Justice in the same Senate who was known as the “Professor from Heidelberg” during Angela Merkel's 2006 election campaign, and Fredrik Roggan, a Berlin lawyer and chairman of the civil rights association “Humanistische Union,” who argued the case before the Court. Perhaps it was all a coincidence, but questions of freedom and security have remained on the everyday agenda, in a political context as well as constitutional debates, ever since September 11, 2001.


2020 ◽  
Vol 12 (1) ◽  
pp. 15
Author(s):  
Dwi Arini Zubaidah

Procedural rules for marriage recording have led to speculation that marriage records are only considered more administrative requirements. So that up to now under-age marriages are still often found among the public. The purpose of this study is to show the urgency of a marriage record for those bound by marriage. The type of research used is library research and descriptive analysis that describes objectively the rules of marriage recording by analyzing using the theory of maqāṣid ash-syarī'ah as a methodology approach to the philosophy of Islamic law. Based on the results of the study, the rules for recording marriage are a product of Islamic law reform that is at the forefront of the present. Marriage registration is a renewal of Islamic law as a new form of ijtihad towards witnessing in a marriage. By registering the marriage civil rights of the parties concerned will be guaranteed and secure. A marriage that is carried out may not be enough with a testimony according to existing marriage conditions. The logical consequence of the development of the developing period is also evidence that determines the validity of marriage. Features of Jāsir system theory udah Audah is six, namely the character of cognition, overallness, openness, interrelated hierarchy, multidimensionality, and intentions. The whole feature of Jāsir udah Audah is applicative which can realize the idea of the rules of marriage registration as a legitimate condition for determining a marriage.


ARISTO ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 284
Author(s):  
Fuat Edi Kurniawan

The transgender community in Yogyakarta as a minority group still receives different treatment in human rights and the democratic process in Indonesia. This treatment has an impact on violations of the rights of transgender people as civil society, ranging from isolation by their families, being excluded from education, difficulty in getting jobs in the public sector, being isolated from religious worship, differences in treatment and neglect from the authorities and the government, to acts of harassment and violence from their surroundings. This study uses qualitative research with a case study approach, data collection through in-depth interviews with the community leader, and several Kebaya administrators. Data analysis was carried out thematically using a conceptual framework of Civil Society Organizations (CSOs). The purpose of this study is to examine the existence of the Kebaya community as one of the Civil Society Organizations and its role in the democratic process and a discussion of the internal and external factors of the organization in consolidating democracy. The results of this study indicate that Kebaya as a Civil Society Organization plays an important role in empowering transgender people in coaching and developing their potential, especially in terms of skills and improving their personal quality so that they can support themselves, as well as a place of rehabilitation for transgender people with HIV/AIDS who is in Yogyakarta. The transgender members of Kebaya are aware of their position in society with the stereotype attached to them. Kebaya carries out a strategy to eliminate discrimination in the form of soft diplomacy to discursive efforts. Kebaya formulates various strategies and special steps to no longer are resistant to their existence and activities, which are always considered negative nuances. They carry out a strategy with their human capital as one of the main components of intellectual capital and intangible assets by taking an important role in society with a socio-cultural approach, as well as monitoring as a control in advancing the public space of the Kebaya Community and the struggle for civil rights of transgender people in a democratic context.


2002 ◽  
Vol 19 (4) ◽  
pp. 148-150
Author(s):  
Sharon Hoosein

"Strengthening Our Voices" was a fitting topic for the most recent CanadianCouncil of Muslim Women (CCMW) conference held on September 13-15,2002, at the Bank of Montreal Learning Institute, Markham, Ontario,Canada. This national organization, with chapters across Canada, wasfounded in 1982 when Muslim women from across Canada attended thefounding conference in Winnipeg, Manitoba. This year's conference celebrated20 years of leadership and "working towards equity, equality, andempowerment." Lila Falhman, a founding member and now 78 years old,was on hand to commemorate the event. Other founding members, currentCCMW president Barbara Siddiqui, and many local chapter leaders alsowere present. The Bank of Montreal Learning Institute in Markham was theperfect venue, for it allowed almost 300 people to hear the keynote speakers.Tables were set up for silent auction and sales of the latest books byFarid £sack, Sadia Zaman, and Khaled Abou El Fad!.The invited keynote speaker, Beverly Amina McCloud, professor at DePaul University, (Chicago, IL) unfortunately could not attend. Graciouslytaking her place, however, was Sheila McDonough, professor of religion atConcordia University (Montreal, Quebec, Canada) and author of therecently released The Muslim Veil in North America: Issues and Debates(University of Toronto Press: 2002.) She engaged the audience in a livelydiscussion of the philosophical question "Can a Muslim Woman Think?"She logically argued that genetics are evenly distributed to offspring, so thatwomen receive intellect from both parents; that children think as they learn;and that, in general, all homo sapiens are thinking creatures. She used severalQur'anic verses to demonstrate that God addresses women as a groupseparately from men and also stressed that everyone is responsible for hisor her own actions on the Day of Judgment ...


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