Women's Rights in Islam and Somali Culture

WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE

For every child Health, Education, Equality, Protection ADVANCE HUMANITY WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE

Prepared by The Academy for Peace and Development Hargeysa, Somaliland December, 2002

Cover Photograph: UNICEF/SOM03-061/TAYLOR For every child Design and Layout: Michelle Mathews Health, Education, Equality, Protection Prepress and Printing: ADVANCE HUMANITY WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE

Prepared by The Academy for Peace and Development Hargeysa, Somaliland December, 2002

CONTENTS

1. INTRODUCTION 1 1.1 TERMS OF REFERENCE 2 1.2 METHODOLOGY 3 2. BACKGROUND 5 2.1 SOCIOECONOMIC SITUATION OF WOMEN 6 2.2 THE ISLAMIC PERSPECTIVE AND JURISPRUDENCE 8 3. WORKSHOP DISCUSSION AND CONCLUSIONS 11 3.1 COMPATIBILITY OF CEDAW PROVISIONS WITH ISLAM AND SOMALI CULTURE 12 3.1.1 Conception and definition of discrimination 12 3.1.2 Equality before the law 13 3.1.3 Restrictions and qualifications 14 3.1.4 Property rights 16 3.2 LEADERSHIP AND PARTICIPATION IN POLITICAL AND PUBLIC LIFE 17 3.2.1 Holding a public office 17 3.2.2 The right to vote 17 3.2.3 Running for election 18 3.2.4 Public Participation 19 3.3 EQUALITY OF SOCIOECONOMIC OPPORTUNITIES 20 3.4 MARRIAGE AND FAMILY 22 3.4.1 The Betrothal System 22 3.4.2 Responsibility 24 3.4.3 Divorce and custody 25 3.5 ACCESS TO SERVICES AND LOANS 25 3.6 CULTURAL PREJUDICES AND RESTRICTIONS 26 3.7 HONOUR AND MORALITY 26 3.7.1 Polygamy 26 3.7.2 Violence or abuse against women 27 4. RECOMMENDATIONS 29 ANNEX TEAMS AND WORKSHOP PARTICIPANTS 31 UNICEF/SOM03-062/TAYLOR 1. INTRODUCTION culture. equality andtheparticipationofwomenineconomicactivitiesasanti-Islamiccontrary to Somali beginning tofacenewchallengesfromconservativeelementswhoconsiderwomenrights, gender process ofreconstruction,women'srightsandhumaningeneral.However,womenare also the emergenceofwomen-ledindependentorganizationsthatactasadvocatesforwomenin the other sectors.Thelowlevelofemploymentwomenintheprivateandpublicsectorshas ledto Unfortunately, theimbalancesoevidentineducationalemploymentisevenmorepronounced in primary schoolteachersarewomen. employment ofwomenasteachersandeducationfunctionaries.Atpresentonly13percent of with girlscomprisingonly36percentofthestudentpopulationingrades1-8,andnegligible in general,aremajorproblems.Genderdisparitiessignificantschoolenrolmentstatistics, employment. Educationalemploymentopportunities,andindeedthepromotionofgirl'seducation re-emerged. Thisisreflectedinanumberofcrucialways,includingprivateandpublicsector Men haveincreasinglyreplacedwomenineconomicrolesandearlierpatternsofdiscrimination have As well,thisincreasedparticipationhasnotlastedwiththerestorationofstabilityinSomaliland. rights. within familiesbutdidnotnecessarilytranslateintooverallimprovementintherealizationoftheir their parentsandinmanyinstancesforspouses.Thisenhancedtheresponsibilitiesofwomen survival strategies,womenassumedheaviereconomicresponsibilitiesforthemselves,theirchildren, the sameway,prolongedwaradverselyaffectedtheirsocioeconomicsituation.Aspartof collapse ofthecentralgovernmenteliminatedlegalprotectionhumanrightswomen.In universal challengestothefulfillmentofhumanrightsallSomaliwomen.Forinstance, The culturalcontextandexperiencesofwomeninSomalilandprovideinsightintobothspecific culture. equality andtheparticipationofwomenineconomicactivitiesasanti-Islamiccontrary to Somali beginning tofacenewchallengesfromconservativeelementswhoconsiderwomenrights, gender process ofreconstruction,women'srightsandhumaningeneral.However,womenare also the emergenceofwomen-ledindependentorganizationsthatactasadvocatesforwomenin the other sectors.Thelowlevelofemploymentwomenintheprivateandpublicsectorshas ledto Unfortunately, theimbalancesoevidentineducationalemploymentisevenmorepronounced in primary schoolteachersarewomen. employment ofwomenasteachersandeducationfunctionaries.Atpresentonly13percent of with girlscomprisingonly36percentofthestudentpopulationingrades1-8,andnegligible in general,aremajorproblems.Genderdisparitiessignificantschoolenrolmentstatistics, employment. Educationalemploymentopportunities,andindeedthepromotionofgirl'seducation re-emerged. Thisisreflectedinanumberofcrucialways,includingprivateandpublicsector Men haveincreasinglyreplacedwomenineconomicrolesandearlierpatternsofdiscrimination have As well,thisincreasedparticipationhasnotlastedwiththerestorationofstabilityinSomaliland. rights. within familiesbutdidnotnecessarilytranslateintooverallimprovementintherealizationoftheir their parentsandinmanyinstancesforspouses.Thisenhancedtheresponsibilitiesofwomen survival strategies,womenassumedheaviereconomicresponsibilitiesforthemselves,theirchildren, the sameway,prolongedwaradverselyaffectedtheirsocioeconomicsituation.Aspartof collapse ofthecentralgovernmenteliminatedlegalprotectionhumanrightswomen.In universal challengestothefulfillmentofhumanrightsallSomaliwomen.Forinstance, The culturalcontextandexperiencesofwomeninSomalilandprovideinsightintobothspecific WOMEN'S RIGHTSINISLAMANDSOMALICULTURE 1 UNICEF/SOM03-062/TAYLOR 1. INTRODUCTION culture. culture. equality andtheparticipationofwomenineconomicactivitiesasanti-Islamiccontrary to Somali equality andtheparticipationofwomenineconomicactivitiesasanti-Islamiccontrary to Somali beginning tofacenewchallengesfromconservativeelementswhoconsiderwomenrights, gender beginning tofacenewchallengesfromconservativeelementswhoconsiderwomenrights, gender process ofreconstruction,women'srightsandhumaningeneral.However,womenare also process ofreconstruction,women'srightsandhumaningeneral.However,womenare also the emergenceofwomen-ledindependentorganizationsthatactasadvocatesforwomenin the the emergenceofwomen-ledindependentorganizationsthatactasadvocatesforwomenin the other sectors.Thelowlevelofemploymentwomenintheprivateandpublicsectorshas ledto other sectors.Thelowlevelofemploymentwomenintheprivateandpublicsectorshas ledto Unfortunately, theimbalancesoevidentineducationalemploymentisevenmorepronounced in Unfortunately, theimbalancesoevidentineducationalemploymentisevenmorepronounced in primary schoolteachersarewomen. primary schoolteachersarewomen. employment ofwomenasteachersandeducationfunctionaries.Atpresentonly13percent of employment ofwomenasteachersandeducationfunctionaries.Atpresentonly13percent of with girlscomprisingonly36percentofthestudentpopulationingrades1-8,andnegligible with girlscomprisingonly36percentofthestudentpopulationingrades1-8,andnegligible in general,aremajorproblems.Genderdisparitiessignificantschoolenrolmentstatistics, in general,aremajorproblems.Genderdisparitiessignificantschoolenrolmentstatistics, employment. Educationalemploymentopportunities,andindeedthepromotionofgirl'seducation employment. Educationalemploymentopportunities,andindeedthepromotionofgirl'seducation re-emerged. Thisisreflectedinanumberofcrucialways,includingprivateandpublicsector re-emerged. Thisisreflectedinanumberofcrucialways,includingprivateandpublicsector Men haveincreasinglyreplacedwomenineconomicrolesandearlierpatternsofdiscrimination have Men haveincreasinglyreplacedwomenineconomicrolesandearlierpatternsofdiscrimination have As well,thisincreasedparticipationhasnotlastedwiththerestorationofstabilityinSomaliland. As well,thisincreasedparticipationhasnotlastedwiththerestorationofstabilityinSomaliland. rights. rights. within familiesbutdidnotnecessarilytranslateintooverallimprovementintherealizationoftheir within familiesbutdidnotnecessarilytranslateintooverallimprovementintherealizationoftheir their parentsandinmanyinstancesforspouses.Thisenhancedtheresponsibilitiesofwomen their parentsandinmanyinstancesforspouses.Thisenhancedtheresponsibilitiesofwomen survival strategies,womenassumedheaviereconomicresponsibilitiesforthemselves,theirchildren, survival strategies,womenassumedheaviereconomicresponsibilitiesforthemselves,theirchildren, the sameway,prolongedwaradverselyaffectedtheirsocioeconomicsituation.Aspartof the sameway,prolongedwaradverselyaffectedtheirsocioeconomicsituation.Aspartof collapse ofthecentralgovernmenteliminatedlegalprotectionhumanrightswomen.In collapse ofthecentralgovernmenteliminatedlegalprotectionhumanrightswomen.In universal challengestothefulfillmentofhumanrightsallSomaliwomen.Forinstance, universal challengestothefulfillmentofhumanrightsallSomaliwomen.Forinstance, The culturalcontextandexperiencesofwomeninSomalilandprovideinsightintobothspecific The culturalcontextandexperiencesofwomeninSomalilandprovideinsightintobothspecific WOMEN'S RIGHTSINISLAMANDSOMALICULTURE 1 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE INTRODUCTION 2 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE INTRODUCTION 3

1.1 TERMS OF REFERENCE 1.2 METHODOLOGY

This study falls within the framework of a The Academy for Peace and Development The Academy formed two research teams A workshop on “Islam, Somali Culture and broader UNICEF programme and process aimed (hereafter called 'The Academy') was assisted by two Working Groups comprising Women's Rights” was organized and held in at promoting a gradual and consistent positive contracted by UNICEF to conduct the study both female and male analysts conversant in Hargeisa from 5-9 October 2002. The workshop change in social and cultural attitudes to achieve resulting in the preparation of discussion papers Islam and gender issues. After lengthy participants came from all regions within women's emancipation without employing exploring: " discussions, the researchers and working groups Somaliland and included education authorities, disruptive and confrontational strategies. Women's rights under the Convention on the agreed to focus the study on Islamic law legal experts, human rights groups, religious Toward that end, the study engaged Somali Elimination of Discrimination Against Women (Shari'a) and Somali customary law. The Teams groups, traditionalists, lawmakers, media religious leaders and experts of Somali culture in (CEDAW) and the Koran/Hadith; and " prepared two discussion papers on women's people, women's groups and local NGOs. an in-depth exploration of women's rights under Women in Somali culture and CEDAW. rights in Islam and Somali culture. Islam and Somali culture with the overall aim of This report is based on the findings of the contributing to the knowledge of both women The contract also required the Academy to: " working groups and feedback from the and men in reference to Islamic principles and Conduct a five-day workshop to discuss the workshop participants. The documentary film is building consensus between religious leaders reports with the aim of creating a consensus presented separately. and scholars in order to advance respect for around the study outcomes. " women's rights within Somali society. Produce a short documentary film on the status of women's rights in Somaliland. . UNICEF/SOM03-016/TAYLOR 2. BACKGROUND customs andpractices.ThroughtherevelationofKoran Mohammed (PUB),andtheinterpretationsofIslamiclawtraditionsinfluencedbysocial The placeofwomeninanIslamicsocietyisdeterminedbytheKoran,traditionProphet between thesetwofactors. traditions andnormswithIslamicteaching.Theshapeofthecultureisaffectedbyinteraction Somali traditionalcultureisapredominatelypatriarchalsocietythatblendsnomadicpastoral real groupidentityandallegiance. real groupidentityandallegiance. system wivesretainthetiesoftheirlineage birth.Thissituationthrowsambiguityoverwomen's system wivesretainthetiesoftheirlineage birth.Thissituationthrowsambiguityoverwomen's incorporated intothelineageor“ incorporated intothelineageor“ leave itandjointhelineageofherhusbanduponmarriage.However,asawife,sheisnotfully leave itandjointhelineageofherhusbanduponmarriage.However,asawife,sheisnotfully For example,intheSomaliclansystemawomanliveswithherfamilyoforiginbutisexpected to For example,intheSomaliclansystemawomanliveswithherfamilyoforiginbutisexpected to and personaldevelopmentforwomenquitedistinctfromthoseofmen. and personaldevelopmentforwomenquitedistinctfromthoseofmen. the collectivememory. the collectivememory. The clansystemnotonlyprovidescollectiveandindividualidentitytomembersbutalsoserves as The clansystemnotonlyprovidescollectiveandindividualidentitytomembersbutalsoserves as In Somaliculture,theagnaticprincipledefinesidentityandaffinityofbothmenwomen. In Somaliculture,theagnaticprincipledefinesidentityandaffinityofbothmenwomen. divorce. divorce. women's consent.Thoughonlythemalepossessrighttodivorce,womenareallowed to initiate women's consent.Thoughonlythemalepossessrighttodivorce,womenareallowed to initiate treatment ofco-wives.Inmarriage,women'srighttoamarriagecontractwasstressedaswell as treatment ofco-wives.Inmarriage,women'srighttoamarriagecontractwasstressedaswell as wives wasrestrictedtomaximumoffourandguidelinesweresetprovideforthejust equal wives wasrestrictedtomaximumoffourandguidelinesweresetprovideforthejust equal right toinherit,manageandmaintainproperty.Thoughpolygamywasnotoutlawed,thenumber of right toinherit,manageandmaintainproperty.Thoughpolygamywasnotoutlawed,thenumber of Among therightsgrantedtowomenbyIslamwerelifeandeducationaswell as the Among therightsgrantedtowomenbyIslamwerelifeandeducationaswell as the society ofpre-IslamicArabia. society ofpre-IslamicArabia. Mohammed (PUB),Islamliberatedwomenfromunacceptableconditionsthatprevailedinthe tribal Mohammed (PUB),Islamliberatedwomenfromunacceptableconditionsthatprevailedinthe tribal customs andpractices.ThroughtherevelationofKoran Mohammed (PUB),andtheinterpretationsofIslamiclawtraditionsinfluencedbysocial The placeofwomeninanIslamicsocietyisdeterminedbytheKoran,traditionProphet between thesetwofactors. traditions andnormswithIslamicteaching.Theshapeofthecultureisaffectedbyinteraction Somali traditionalcultureisapredominatelypatriarchalsocietythatblendsnomadicpastoral WOMEN'S RIGHTSINISLAMANDSOMALICULTURE 1 s 1 s

Somali Women, ontheeveof21 Somali Women, ontheeveof21 1 1 Thoughflexibleanddynamic,theclansystemproscribespathsofsocial Thoughflexibleanddynamic,theclansystemproscribespathsofsocial t t Century.P,8. Century.P,8. dia dia -paying group”ofherhusbandbecauseundertheSomali -paying group”ofherhusbandbecauseundertheSomali Sunnah Sunnah oftheProphet oftheProphet 5 UNICEF/SOM03-016/TAYLOR 2. BACKGROUND real groupidentityandallegiance. system wivesretainthetiesoftheirlineage birth.Thissituationthrowsambiguityoverwomen's incorporated intothelineageor“ leave itandjointhelineageofherhusbanduponmarriage.However,asawife,sheisnotfully For example,intheSomaliclansystemawomanliveswithherfamilyoforiginbutisexpected to and personaldevelopmentforwomenquitedistinctfromthoseofmen. the collectivememory. The clansystemnotonlyprovidescollectiveandindividualidentitytomembersbutalsoserves as In Somaliculture,theagnaticprincipledefinesidentityandaffinityofbothmenwomen. divorce. women's consent.Thoughonlythemalepossessrighttodivorce,womenareallowed to initiate treatment ofco-wives.Inmarriage,women'srighttoamarriagecontractwasstressedaswell as wives wasrestrictedtomaximumoffourandguidelinesweresetprovideforthejust equal right toinherit,manageandmaintainproperty.Thoughpolygamywasnotoutlawed,thenumber of Among therightsgrantedtowomenbyIslamwerelifeandeducationaswell as the society ofpre-IslamicArabia. Mohammed (PUB),Islamliberatedwomenfromunacceptableconditionsthatprevailedinthe tribal real groupidentityandallegiance. system wivesretainthetiesoftheirlineage birth.Thissituationthrowsambiguityoverwomen's incorporated intothelineageor“ leave itandjointhelineageofherhusbanduponmarriage.However,asawife,sheisnotfully For example,intheSomaliclansystemawomanliveswithherfamilyoforiginbutisexpected to and personaldevelopmentforwomenquitedistinctfromthoseofmen. the collectivememory. The clansystemnotonlyprovidescollectiveandindividualidentitytomembersbutalsoserves as In Somaliculture,theagnaticprincipledefinesidentityandaffinityofbothmenwomen. divorce. women's consent.Thoughonlythemalepossessrighttodivorce,womenareallowed to initiate treatment ofco-wives.Inmarriage,women'srighttoamarriagecontractwasstressedaswell as wives wasrestrictedtomaximumoffourandguidelinesweresetprovideforthejust equal right toinherit,manageandmaintainproperty.Thoughpolygamywasnotoutlawed,thenumber of Among therightsgrantedtowomenbyIslamwerelifeandeducationaswell as the society ofpre-IslamicArabia. Mohammed (PUB),Islamliberatedwomenfromunacceptableconditionsthatprevailedinthe tribal customs andpractices.ThroughtherevelationofKoran Mohammed (PUB),andtheinterpretationsofIslamiclawtraditionsinfluencedbysocial The placeofwomeninanIslamicsocietyisdeterminedbytheKoran,traditionProphet between thesetwofactors. traditions andnormswithIslamicteaching.Theshapeofthecultureisaffectedbyinteraction Somali traditionalcultureisapredominatelypatriarchalsocietythatblendsnomadicpastoral customs andpractices.ThroughtherevelationofKoran Mohammed (PUB),andtheinterpretationsofIslamiclawtraditionsinfluencedbysocial The placeofwomeninanIslamicsocietyisdeterminedbytheKoran,traditionProphet between thesetwofactors. traditions andnormswithIslamicteaching.Theshapeofthecultureisaffectedbyinteraction Somali traditionalcultureisapredominatelypatriarchalsocietythatblendsnomadicpastoral WOMEN'S RIGHTSINISLAMANDSOMALICULTURE 1 s 1 s

2.1 SOCIOECONOMIC SITUATION OF WOMEN

Interpretations and the application of women's During the military regime of the 1970s and Despite some positive economic changes for On the other hand, the exclusion of women rights under Islam are profoundly affected by 1980s, women's public participation broadened. women during the civil wars of the 1970 and from the political process has not deterred them social and economic factors. Social practices, Female school enrolment and job opportunities 1980s and the upheavals in the early 1990's, from being active and visible in issues of customary laws, poverty, war and illiteracy increased and women were able to hold women were often victimized. Many were concern to them on other fronts. With the often subvert the status of women. Thus, positions in the army and civilian government widowed, killed, robbed, raped or abandoned support and encouragement of women in the women's rights in practice in Somaliland and institutions. Legal reforms were also initiated. while others were traumatized emotionally by Diaspora, they established local non- Somali society are generally affected by the The Family Law of 1975, for instance, gave shared kinship or marriage ties with opposing governmental organisations (NGOs). These prevailing political and socio-economic equal rights to women and men in matters of groups in conflict that pitted kinsmen of their organisations successfully raised funds and conditions. marriage, divorce and inheritance.2 husbands and sons against those of their fathers initiated various programs and projects aimed at Unfortunately, these legal reforms did not have and brothers. Yet some women supported the advancing the economic and social status of The advent of urbanisation, particularly after the a long-term impact. war effort both spiritually and materially. They Somaliland women. Many of these women-led end of World War II, incorporated increasing cooked for the fighting men and took care of the NGOs have now gained a reputation for numbers of Somalis into the livestock trade and An exodus of men in the mid-seventies to the wounded, raised funds, and participated in integrity, frugal management and cost-effective exports, with the two sectors becoming the Gulf States to seek job opportunities had greater public rallies and mass mobilisation through services. basis of wider commercial activities within the and more lasting impact than the official Buraanbur (female poetry) (Bryden, and Steiner, urban economy. Opportunities for women in reforms. Women whose husbands were working 1998). Today, women play a significant role in nation- both the livestock trade and the new urban in the Gulf States assumed responsibility for the building efforts. This has increased the conflict commercial activities were very limited. care and management of the family. The Clearly, the impact of the war on women has between the traditional roles of women and the However, the increased level of urbanisation exposure of these Somali men to the religious been mixed. On one hand, the dismantling of real demands of today's daily life in post war created the conditions for improved women's influences of conservative Islamic countries, state structures has given way to the traditional Somaliland society on the one hand and their participation in the informal sectors of the urban including the more puritanical and doctrinaire mode of social organisation, in which women's expectations and opportunities on the other. The economy and limited but significant progress in teaching of Islam, led to an Islamic resurgence public role is limited. In Somali society, women conflict between the role they are expected to girls' education. These changes did not upon the return of the migrant workers. This are excluded from formal clan conferences and play, and that which they seek and in reality immediately result in an overall improvement in included a new breed of younger and better deliberations — the Beel Conference system. perform, can only be reconciled through the the lives of Somaliland women, but built the educated Islamic teachers and Imams of Lineage interests and matters are exclusively the elimination of the discrimination against women. foundation for greater acceptance and gradual mosques, who called for the re-Islamization of domain of men, so none of the clans include Seeking to achieve this will in turn strengthen access of women into public life, through the society to counter threats of western women in clan conferences or nominate them to the effectiveness of their participation in the education and employment during the nine years influences and secularism. Islamic missionaries represent lineage groups in the two legislative ongoing reconstruction efforts. of civilian rule after independence. targeted women and encouraged them to adopt councils. Women have been similarly excluded the Hijab dress code as a sign of modesty and from appointments to senior level positions of The ratification of Somaliland's constitution Muslim identity. They opened and continue to the government at the central and local level, brings an end to the clan-based system. The operate religious schools for boys and girls and which are the basis of power-sharing3. new constitution establishes a foundation for served as Imams in the Mosques, the centres of women's political rights. Women can vote and religious studies and platforms for the run for public offices. The strong influence of propagation of Islamic jurisprudence, values and women in elections is being felt and recognised. morality. However, both religious beliefs and tradition are likely to weigh heavily against women's full 2 Five religious leaders who campaigned against the law 3 Recently a woman was appointed to a ministerial post political participation or election to public were executed. The enactment of the law was part of while one of the new political parties elected a woman offices. the autocratic military style of governance. as one of two vice-presidents. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE BACKGROUND 6 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE BACKGROUND 7

2.1 SOCIOECONOMIC SITUATION OF WOMEN

Interpretations and the application of women's During the military regime of the 1970s and Despite some positive economic changes for On the other hand, the exclusion of women rights under Islam are profoundly affected by 1980s, women's public participation broadened. women during the civil wars of the 1970 and from the political process has not deterred them social and economic factors. Social practices, Female school enrolment and job opportunities 1980s and the upheavals in the early 1990's, from being active and visible in issues of customary laws, poverty, war and illiteracy increased and women were able to hold women were often victimized. Many were concern to them on other fronts. With the often subvert the status of women. Thus, positions in the army and civilian government widowed, killed, robbed, raped or abandoned support and encouragement of women in the women's rights in practice in Somaliland and institutions. Legal reforms were also initiated. while others were traumatized emotionally by Diaspora, they established local non- Somali society are generally affected by the The Family Law of 1975, for instance, gave shared kinship or marriage ties with opposing governmental organisations (NGOs). These prevailing political and socio-economic equal rights to women and men in matters of groups in conflict that pitted kinsmen of their organisations successfully raised funds and conditions. marriage, divorce and inheritance.2 husbands and sons against those of their fathers initiated various programs and projects aimed at Unfortunately, these legal reforms did not have and brothers. Yet some women supported the advancing the economic and social status of The advent of urbanisation, particularly after the a long-term impact. war effort both spiritually and materially. They Somaliland women. Many of these women-led end of World War II, incorporated increasing cooked for the fighting men and took care of the NGOs have now gained a reputation for numbers of Somalis into the livestock trade and An exodus of men in the mid-seventies to the wounded, raised funds, and participated in integrity, frugal management and cost-effective exports, with the two sectors becoming the Gulf States to seek job opportunities had greater public rallies and mass mobilisation through services. basis of wider commercial activities within the and more lasting impact than the official Buraanbur (female poetry) (Bryden, and Steiner, urban economy. Opportunities for women in reforms. Women whose husbands were working 1998). Today, women play a significant role in nation- both the livestock trade and the new urban in the Gulf States assumed responsibility for the building efforts. This has increased the conflict commercial activities were very limited. care and management of the family. The Clearly, the impact of the war on women has between the traditional roles of women and the However, the increased level of urbanisation exposure of these Somali men to the religious been mixed. On one hand, the dismantling of real demands of today's daily life in post war created the conditions for improved women's influences of conservative Islamic countries, state structures has given way to the traditional Somaliland society on the one hand and their participation in the informal sectors of the urban including the more puritanical and doctrinaire mode of social organisation, in which women's expectations and opportunities on the other. The economy and limited but significant progress in teaching of Islam, led to an Islamic resurgence public role is limited. In Somali society, women conflict between the role they are expected to girls' education. These changes did not upon the return of the migrant workers. This are excluded from formal clan conferences and play, and that which they seek and in reality immediately result in an overall improvement in included a new breed of younger and better deliberations — the Beel Conference system. perform, can only be reconciled through the the lives of Somaliland women, but built the educated Islamic teachers and Imams of Lineage interests and matters are exclusively the elimination of the discrimination against women. foundation for greater acceptance and gradual mosques, who called for the re-Islamization of domain of men, so none of the clans include Seeking to achieve this will in turn strengthen access of women into public life, through the society to counter threats of western women in clan conferences or nominate them to the effectiveness of their participation in the education and employment during the nine years influences and secularism. Islamic missionaries represent lineage groups in the two legislative ongoing reconstruction efforts. of civilian rule after independence. targeted women and encouraged them to adopt councils. Women have been similarly excluded the Hijab dress code as a sign of modesty and from appointments to senior level positions of The ratification of Somaliland's constitution Muslim identity. They opened and continue to the government at the central and local level, brings an end to the clan-based system. The operate religious schools for boys and girls and which are the basis of power-sharing3. new constitution establishes a foundation for served as Imams in the Mosques, the centres of women's political rights. Women can vote and religious studies and platforms for the run for public offices. The strong influence of propagation of Islamic jurisprudence, values and women in elections is being felt and recognised. morality. However, both religious beliefs and tradition are likely to weigh heavily against women's full 2 Five religious leaders who campaigned against the law 3 Recently a woman was appointed to a ministerial post political participation or election to public were executed. The enactment of the law was part of while one of the new political parties elected a woman offices. the autocratic military style of governance. as one of two vice-presidents. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE BACKGROUND 8 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE BACKGROUND 9

2.2 THE ISLAMIC PERSPECTIVE AND JURISPRUDENCE

" During the late nineteenth and early twentieth Islamic modernists in the Middle East, Some Muslim countries, particularly in the Arab Nevertheless, significant changes occurred in centuries, politicians, intellectuals and religious including reformers like Jamal al-Din al- World, opted for socialism. They initiated the lives of many Muslim women, as a result of leaders sought to counter and respond to the Afghani and Mohamed Abduh in Egypt, and universal education and opened employment the influences of the West and Islamic challenges and influences of European Sayyid Ahmed Khan and later Mohamed opportunities for the educated females. In modernists, and the introduction of universal colonisation. The objective was to revitalise Iqbalin South Asia, attempted to bridge the contrast to those leaders who emulated the education, together with the growth of Muslim society and achieve national gap between the more isolationist position of Western model, socialist governments looked to employment opportunities. These changes independence without losing the Islamic many religious leaders (ulama) and Western the Soviet block as the model of modernisation. altered and broadened women's role in society. identity. The strategies to meet these numerous secular Muslim modernists. They argued that The education and training of women was seen In a growing number of Muslim countries, challenges varied widely. (Esposito, 1998): Islam is a dynamic, progressive religion as part of building a productive workforce and women have entered many areas of public life, " Conservative ulama (religious leaders) capable of change and compatible with the economic development (Haddad, 1998). ranging from politics to the professions. advocated armed struggle (jihad) in defence pillars of modernity (reason, science, and Admittedly, this is true for a relatively small of Islam or emigration (hijra), withdrawal and technology). All criticised the Ulma's The process of modernisation in the relatively percentage of women and it varies greatly from non-operation. Both of these strategies were tendency to cling to tradition (taqlid) and more successful countries has inevitably one region of the Muslim world to another (and patterned on the Prophet's response to his called for fresh interpretation (ijtihad) of Islam induced some social changes that improved the often from urban to rural settings) (Esposito, enemies. to respond to the new challenges faced by status of women. This ushered a period of 1998). " Muslim rulers (Western-oriented elitists) the Muslim community. Their programs intense debate and reform that encompassed wished to learn from the West and to master included religious, educational, and social the areas of dress, family relations, education, The reforms of the Muslim family laws,-and the the techniques that had given the West its reforms based on a distinction between those and employment. Modern family law reforms dilution of the traditional Islamic culture and military and technological advantage. New aspects that were immutable in Islam and were initiated by most of Muslim governments, institutions through the process of social schools with Western curricula were those that were subject to change. Thus implemented from the top down and often transformation, has triggered reaction from established, students were sent to the West reforms distinguished between religious rationalised and legitimated in the name of traditional Islamic circles and produced strong to be educated, and consultants and advisors observation (ibadat) in Islamic law and social Islam. Islamic groups intensely resisted and conservative Islamic writings reaffirming were hired. Rulers were more interested in relations or regulations (muamalat), which were often able to limit the scope of the reform. traditional Islamic values. Literature calling for military, scientific, and economic were historically and socially conditioned and However, implementation of these social the preservation of a distinctive Islamic society modernisation than significant political thus capable of reinterpretation or reforms also proved extremely difficult on the is being widely disseminated. To conservative change. This produced an elite group who reformulation. Reformers espoused a process ground. Islamic scholars and leaders, the home is the emulated the West by advocating widespread of reinterpretation that adapted traditional domain of the woman and the centre of peace, reforms. concepts and institutions to modern realities, civility, tranquillity, and a protective safe haven resulting in a transformation of their meaning from the brutality of the outside world. The man to accommodate and legitimate change. is the protector and provider (Haddad, 1998). WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE BACKGROUND 8 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE BACKGROUND 9

2.2 THE ISLAMIC PERSPECTIVE AND JURISPRUDENCE

" During the late nineteenth and early twentieth Islamic modernists in the Middle East, Some Muslim countries, particularly in the Arab Nevertheless, significant changes occurred in centuries, politicians, intellectuals and religious including reformers like Jamal al-Din al- World, opted for socialism. They initiated the lives of many Muslim women, as a result of leaders sought to counter and respond to the Afghani and Mohamed Abduh in Egypt, and universal education and opened employment the influences of the West and Islamic challenges and influences of European Sayyid Ahmed Khan and later Mohamed opportunities for the educated females. In modernists, and the introduction of universal colonisation. The objective was to revitalise Iqbalin South Asia, attempted to bridge the contrast to those leaders who emulated the education, together with the growth of Muslim society and achieve national gap between the more isolationist position of Western model, socialist governments looked to employment opportunities. These changes independence without losing the Islamic many religious leaders (ulama) and Western the Soviet block as the model of modernisation. altered and broadened women's role in society. identity. The strategies to meet these numerous secular Muslim modernists. They argued that The education and training of women was seen In a growing number of Muslim countries, challenges varied widely. (Esposito, 1998): Islam is a dynamic, progressive religion as part of building a productive workforce and women have entered many areas of public life, " Conservative ulama (religious leaders) capable of change and compatible with the economic development (Haddad, 1998). ranging from politics to the professions. advocated armed struggle (jihad) in defence pillars of modernity (reason, science, and Admittedly, this is true for a relatively small of Islam or emigration (hijra), withdrawal and technology). All criticised the Ulma's The process of modernisation in the relatively percentage of women and it varies greatly from non-operation. Both of these strategies were tendency to cling to tradition (taqlid) and more successful countries has inevitably one region of the Muslim world to another (and patterned on the Prophet's response to his called for fresh interpretation (ijtihad) of Islam induced some social changes that improved the often from urban to rural settings) (Esposito, enemies. to respond to the new challenges faced by status of women. This ushered a period of 1998). " Muslim rulers (Western-oriented elitists) the Muslim community. Their programs intense debate and reform that encompassed wished to learn from the West and to master included religious, educational, and social the areas of dress, family relations, education, The reforms of the Muslim family laws,-and the the techniques that had given the West its reforms based on a distinction between those and employment. Modern family law reforms dilution of the traditional Islamic culture and military and technological advantage. New aspects that were immutable in Islam and were initiated by most of Muslim governments, institutions through the process of social schools with Western curricula were those that were subject to change. Thus implemented from the top down and often transformation, has triggered reaction from established, students were sent to the West reforms distinguished between religious rationalised and legitimated in the name of traditional Islamic circles and produced strong to be educated, and consultants and advisors observation (ibadat) in Islamic law and social Islam. Islamic groups intensely resisted and conservative Islamic writings reaffirming were hired. Rulers were more interested in relations or regulations (muamalat), which were often able to limit the scope of the reform. traditional Islamic values. Literature calling for military, scientific, and economic were historically and socially conditioned and However, implementation of these social the preservation of a distinctive Islamic society modernisation than significant political thus capable of reinterpretation or reforms also proved extremely difficult on the is being widely disseminated. To conservative change. This produced an elite group who reformulation. Reformers espoused a process ground. Islamic scholars and leaders, the home is the emulated the West by advocating widespread of reinterpretation that adapted traditional domain of the woman and the centre of peace, reforms. concepts and institutions to modern realities, civility, tranquillity, and a protective safe haven resulting in a transformation of their meaning from the brutality of the outside world. The man to accommodate and legitimate change. is the protector and provider (Haddad, 1998). UNICEF/SOM96-37/PIROZZI 3. WORKSHOPDISCUSSION 3. WORKSHOPDISCUSSION (Qur'an 33:35). engage muchinAllah'sremembranceforthemhasAllahpreparedForgivenessandgreatreward deny themselves),formenandwomenwhoguardtheirchastity, humble themselves,formenandwomenwhogiveincharity,fast(and true menandwomen,forwomenwhoarepatientconstant, For Muslimmenandwomenforbelievingwomen,devout (Qur'an 33:35). engage muchinAllah'sremembranceforthemhasAllahpreparedForgivenessandgreatreward deny themselves),formenandwomenwhoguardtheirchastity, humble themselves,formenandwomenwhogiveincharity,fast(and true menandwomen,forwomenwhoarepatientconstant, For Muslimmenandwomenforbelievingwomen,devout WOMEN'S RIGHTSINISLAMANDSOMALICULTURE AND CONCLUSIONS AND CONCLUSIONS

11 UNICEF/SOM96-37/PIROZZI 3. WORKSHOPDISCUSSION 3. WORKSHOPDISCUSSION (Qur'an 33:35). (Qur'an 33:35). engage muchinAllah'sremembranceforthemhasAllahpreparedForgivenessandgreatreward deny themselves),formenandwomenwhoguardtheirchastity, humble themselves,formenandwomenwhogiveincharity,fast(and true menandwomen,forwomenwhoarepatientconstant, For Muslimmenandwomenforbelievingwomen,devout engage muchinAllah'sremembranceforthemhasAllahpreparedForgivenessandgreatreward deny themselves),formenandwomenwhoguardtheirchastity, humble themselves,formenandwomenwhogiveincharity,fast(and true menandwomen,forwomenwhoarepatientconstant, For Muslimmenandwomenforbelievingwomen,devout WOMEN'S RIGHTSINISLAMANDSOMALICULTURE AND CONCLUSIONS AND CONCLUSIONS

11 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 12 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 13

3.1 COMPATIBILITY OF CEDAW PROVISIONS WITH ISLAM AND SOMALI CULTURE

For purposes of the study, the standards and Equality of men and women are part of the 3.1.2 EQUALITY BEFORE THE LAW In the Islamic legal system, only a person concerns in the provisions of the CEDAW are ethics, spirituality, and humanity of Islam. At conversant with Qur'an and Sunnah, and with compared with the human rights standards of the same time, Islam affirms “natural “Accord to women equality with men the ability to ijtihad (according to some scholars) Islam and the influences of traditional Somali differences” between men and women. As a before the law, equal rights to is qualified to be a judge. The majority of culture on contemporary conditions of women's result of these distinctions, the rights and conclude contracts, and to administer Muslim scholars stipulate that only men can be rights in Somaliland. The comparison is based obligations of men and women, and their roles property ... and treat them equally in judges. Hanifi, one of the leading Islamic jurists, on provisions of the CEDAW that are deemed in the Muslim community, are not identical. all stages of procedures in courts and permits women to become judges on matters most relevant to the human rights situation of These differences in rights and obligations are tribunals” [article 15] not related to capital punishment and contracts. women in Somaliland. motivated by the Islamic conception of the role Ibnu jarir Al-tabari and Ibn Hzm were of the of women in the family and the Muslim In Islam both men and women are entitled to opinion that women could be judges in all cases, 3.1.1 CONCEPTION AND DEFINITION OF community. equality before the law and courts of law. Both since there is no clear-cut text which excludes DISCRIMINATION men and women are accountable for their deeds women. Ibn Hazm cited this verse: Differences in gender roles do not imply the before the law. Like men, women are entitled to Behold Allah bids you to deliver all According to the Convention, “Discrimination superiority of one gender over the other. The seek justice. Islam asserts that both genders are that you have been entrusted with against women shall mean any distinction, Qur'an makes it clear that the sole basis for honoured and dignified: And they are equal in unto those who are entitled thereto, exclusion or restriction made on the basis of sex superiority of any person over another is piety the sight of Allah, as they have the same and whenever you judge between which has the effect or purpose of impairing or and righteousness, not gender, colour or religious and moral duties and responsibilities. In people, to judge with justice. Verily nullifying the recognition, enjoyment or exercise nationality: addition, both face the same consequences of most excellent is what Allah exhorts by women irrespective of their marital status…” O mankind! We created you from a their actions. you to do: verily, Allah is all-hearing, [ARTCILE 1] single (pair) of a male and a female all-seeing (Qur'an 4:58). and made you into nations and tribes For Muslim men and women and for In the Qur'an, men and women are one spirit, that you may know each other, Verily believing men and women, for devout Ibn Hazm argues that this verse is addressed to equal in their humanity: the most honoured of you in the sight men and women, for true men and both men and women and that there is no O mankind: Reverence your Guardian of Allah is (one who is) the most women, for men and women who are reason to prefer men to women (Ibn Hazm, Al- Lord Who created you from a single righteous of you. And Allah has full patient and constant, for men and Muhalla bin Athar, vol. 8 Dar Al-Kutub Al-Ilmiya, person created of like nature…. knowledge and is well acquainted women who humble themselves, for 1988, p.528). (Qur'an 4:1) It is He who created you (with all things). (Qur'an 49:13) men and women who give in charity, from a single person and made his for men and women who fast (and mate of like nature … (Qur'an 7:189) The Somali culture incorporated fundamental deny themselves), for men and women principles of Islam regarding the equality of men who guard their chastity, and for men The Prophet in one of his sayings (Pbuh) is and women, based on the Qura'n and the and women who engage much in quoted to have said “Men and women are equal Hadith. There is also a sense of fairness Allah's remembrance for them has halves.” between men and women in customary law, Allah prepared Forgiveness and great (xeer) as it is based on a patrilineal kinship that reward (Qur'an 33:35). Islam condemned and put an end to female assigns both genders an identity, which in turn infanticide, which was widely prevalent in pre- defines relationships with other members of the Islam Arabia: society, rights, and obligation including mutual When the female (infant) is buried protection. For women, individual identity and alive, question- for what crime she rights come from their status as wives, mothers, was killed. (Qur'an 81:8-9). daughters and sisters. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 12 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 13

3.1 COMPATIBILITY OF CEDAW PROVISIONS WITH ISLAM AND SOMALI CULTURE

For purposes of the study, the standards and Equality of men and women are part of the 3.1.2 EQUALITY BEFORE THE LAW In the Islamic legal system, only a person concerns in the provisions of the CEDAW are ethics, spirituality, and humanity of Islam. At conversant with Qur'an and Sunnah, and with compared with the human rights standards of the same time, Islam affirms “natural “Accord to women equality with men the ability to ijtihad (according to some scholars) Islam and the influences of traditional Somali differences” between men and women. As a before the law, equal rights to is qualified to be a judge. The majority of culture on contemporary conditions of women's result of these distinctions, the rights and conclude contracts, and to administer Muslim scholars stipulate that only men can be rights in Somaliland. The comparison is based obligations of men and women, and their roles property ... and treat them equally in judges. Hanifi, one of the leading Islamic jurists, on provisions of the CEDAW that are deemed in the Muslim community, are not identical. all stages of procedures in courts and permits women to become judges on matters most relevant to the human rights situation of These differences in rights and obligations are tribunals” [article 15] not related to capital punishment and contracts. women in Somaliland. motivated by the Islamic conception of the role Ibnu jarir Al-tabari and Ibn Hzm were of the of women in the family and the Muslim In Islam both men and women are entitled to opinion that women could be judges in all cases, 3.1.1 CONCEPTION AND DEFINITION OF community. equality before the law and courts of law. Both since there is no clear-cut text which excludes DISCRIMINATION men and women are accountable for their deeds women. Ibn Hazm cited this verse: Differences in gender roles do not imply the before the law. Like men, women are entitled to Behold Allah bids you to deliver all According to the Convention, “Discrimination superiority of one gender over the other. The seek justice. Islam asserts that both genders are that you have been entrusted with against women shall mean any distinction, Qur'an makes it clear that the sole basis for honoured and dignified: And they are equal in unto those who are entitled thereto, exclusion or restriction made on the basis of sex superiority of any person over another is piety the sight of Allah, as they have the same and whenever you judge between which has the effect or purpose of impairing or and righteousness, not gender, colour or religious and moral duties and responsibilities. In people, to judge with justice. Verily nullifying the recognition, enjoyment or exercise nationality: addition, both face the same consequences of most excellent is what Allah exhorts by women irrespective of their marital status…” O mankind! We created you from a their actions. you to do: verily, Allah is all-hearing, [ARTCILE 1] single (pair) of a male and a female all-seeing (Qur'an 4:58). and made you into nations and tribes For Muslim men and women and for In the Qur'an, men and women are one spirit, that you may know each other, Verily believing men and women, for devout Ibn Hazm argues that this verse is addressed to equal in their humanity: the most honoured of you in the sight men and women, for true men and both men and women and that there is no O mankind: Reverence your Guardian of Allah is (one who is) the most women, for men and women who are reason to prefer men to women (Ibn Hazm, Al- Lord Who created you from a single righteous of you. And Allah has full patient and constant, for men and Muhalla bin Athar, vol. 8 Dar Al-Kutub Al-Ilmiya, person created of like nature…. knowledge and is well acquainted women who humble themselves, for 1988, p.528). (Qur'an 4:1) It is He who created you (with all things). (Qur'an 49:13) men and women who give in charity, from a single person and made his for men and women who fast (and mate of like nature … (Qur'an 7:189) The Somali culture incorporated fundamental deny themselves), for men and women principles of Islam regarding the equality of men who guard their chastity, and for men The Prophet in one of his sayings (Pbuh) is and women, based on the Qura'n and the and women who engage much in quoted to have said “Men and women are equal Hadith. There is also a sense of fairness Allah's remembrance for them has halves.” between men and women in customary law, Allah prepared Forgiveness and great (xeer) as it is based on a patrilineal kinship that reward (Qur'an 33:35). Islam condemned and put an end to female assigns both genders an identity, which in turn infanticide, which was widely prevalent in pre- defines relationships with other members of the Islam Arabia: society, rights, and obligation including mutual When the female (infant) is buried protection. For women, individual identity and alive, question- for what crime she rights come from their status as wives, mothers, was killed. (Qur'an 81:8-9). daughters and sisters. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 14 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 15

3.1.3 RESTRICTIONS AND QUALIFICATIONS Islamic laws (Shari'a) accept the only the Both men and women are equal in terms of The birth of the Somali State from the union of testimony of men in some cases, the testimony capital and corporal punishment. A Muslim man the former British Protectorate of Somaliland The majority of the scholars are of the opinion of men and women in others, and solely the could receive the death penalty for killing a and the Italian Trusteeship has not changed the that women do not have the legal capacity to testimony of women in other cases. The Muslim woman and visa versa. However, a status of women significantly. Throughout the enter into marriage contracts without wali (her majority of Muslim scholars exclude the majority of the scholars state that the general nine years of civilian administration, the nascent male Guardian). A woman can not be the testimony of women from cases of adultery, practice has been that the blood compensation Somali State continued implementing the same Guardian for other women in marriage or to capital and corporal punishment (qisaas), for a woman is half of that of a man. .Some colonial rules without any major change to the represent them in marriage. This is based on marriages, divorce, and guardianship. They contemporary scholars such as Gazali and older status of women. Women gained their right to two of the Prophet's Sayings (Hadith). allow women to testify in matters related to scholars such as Assami and Ibna Aliya see vote and voted in the general elections of 1964 business and wealth. The school of Hanafiya woman's blood compensation as being equal to and 1969. Work opportunities for women have A women is not authorised to be allows two female witnesses and one male that of a man. also significantly increased. guardian neither for her marriage nor witness to testify in all matters, with the for other women (Dar'al Qudni): Any exception of capital and corporal punishment In Somali Culture, there is no discrimination In practice, customary law is pervasive, woman who marries without the (qisaas), in which women are excluded. against women in traditional litigation. A proverb undermining the application of Islamic law. For consent of her guardian, her marriage says, “Gari Allay Taqaanna”. The proverb says instance, a man may not be killed for a woman is illegal or invalid. Women can only testify in matters related to roughly, “people are equal in front of God.” The since he is worth 100 camels and she is worth birth, breastfeeding, and specific physical issues proverb embodies the principle of equality 50 camels. Women can be particularly However, the school of Hanfiya, and scholars relating to women. Famous Scholar ibni Qayim, before the law and of the universality of justice. vulnerable to the substitution of customary law such as Safar, Hasan bin Syad, and Abu Yusuf while mentioning the case of availability of only to Shari'a law. Elders routinely exert pressure allowed women to marry without the permission one male witness said: whatever shows clear The rights of women in Somaliland in on women to settle out of court through of her male-guardian, and to represent another and credible evidence is valid, and Allah and his accordance with the Islamic principles have not traditional channels, thus forfeiting their legal one in marriage. They based their opinion on Prophet do not take away someone's rights been fully implemented, due to the fact that the rights. this verse: when it is proven by one means or another. knowledge of Islam has been limited, and the There is no blame on you for what Fundamentally, whenever the case is proven by governing institutions were not in a position to The differentiation between men and women they do with themselves, provided it is the use of sound evidence, it is obligatory to carry out the realisation of such principles for appears in blood compensation and in some reasonable (Qur'an 2:240) execute it and to support it (Fiqh Sunnah). many reasons. physical injury whereby female compensation is half of that of the male. The colonial administration did not change this state of affairs for women, but rather incorporated customary laws into civil matters. The reach of the colonial law enforcement was also limited. Throughout the long colonial era, women mainly enjoyed the rights granted to them by the Somali tradition and culture.

WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 14 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 15

WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 16 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 17

3.2 LEADERSHIP AND PARTICIPATION IN POLITICAL AND PUBLIC LIFE

3.1.4 PROPERTY RIGHTS “Men shall have a portion of what the “…ensure to women on equal terms to 3.2.2 THE RIGHT TO VOTE parents and the near relatives, a men the right to vote in all elections… … “Grant women equal rights with men to women shall a portion of what the and to be eligible for election to all publicly Voting is a new development similar to a acquire, change or retain their nationality “ parents and the near relatives leave elected bodies… to hold public offices and process call in Islam Bai'ah or pledging [ARTICLE 9] (Qur'an 4:7). perform all public functions in all levels of allegiance to the leader. Like men, women government.” [ARTCILE 7] participated in and were included in the (Bai'ah) The nationality of any Muslim is the Islamic Many respectable scholars such as Imam Shafi'I allegiance of the Prophet. Abdur-rahman Ibn Doctrine (Aqida Al-islaamiya). Therefore, it is hold the view that it is obligatory that a husband 3.2.1 HOLDING A PUBLIC OFFICE Auf, one of the people selected by Omer Bin illegal for a Muslim woman to lose, or to be provide a gift to his divorced wife in accordance Khatab to nominate his successor, consulted denied her rights by marrying another Muslim. with the size of his wealth. The Qur'an, in describing the qualifications of many women before he recommended Uthman The Islamic Shari'a recognises property rights of true believers, states: ibn Affan to be the third caliph. Therefore women before and after marriage. For divorced women provide a suitable “… and whose rule in all matters of common women can vote without violating Islamic Gift. This is a duty on the righteous concern in consultation (shura) among guidelines of modesty and virtue. To men is allotted what they earn and (Qur'an 2:241) Bestow on them (a themselves. to women is allotted what they earn Suitable gift) The wealthy According (Qur'an: 4:32). to his means, And the poor According When it comes to administration and leadership his means (Qur'an 2:236) (see Tafsir positions, Islamic law (shari'a) does not allow a Islam through marriage aims to assure greater ibnu Katiir). women to be a head of any state based on this financial security for women. They are entitled Hadith: to receive marital gifts, to keep present and Women's property right's in Somali customary No people will ever succeed if they hand their future properties and income for their own laws are less progressive than they are in Islam. affairs to a woman. security. No married woman is required to spend Somali customary laws (Xeer) often circumvent a penny from her property and income on the women's inheritance rights in order to keep There is no clear-cut text that precludes women household. Generally, a Muslim woman is property with the patriarchal family. from holding a high level political position. guaranteed support in all stages of her life, as a However, some Muslim scholars severely daughter, wife, mother, or sister. restrict the presence of women in public life, Inheritance in Islam is based on kinship. citing varied reasons — moral vulnerability of women and, in their view, women's tendency to be a source of (fitna) temptation and social discord. For these reasons, conservative scholars do not permit women to hold any public office or leadership position. Other scholars permit women to hold any public office and leadership position with the exception of serving as Head of the State or Caliph. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 16 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 17

3.2 LEADERSHIP AND PARTICIPATION IN POLITICAL AND PUBLIC LIFE

3.1.4 PROPERTY RIGHTS “Men shall have a portion of what the “…ensure to women on equal terms to 3.2.2 THE RIGHT TO VOTE parents and the near relatives, a men the right to vote in all elections… … “Grant women equal rights with men to women shall a portion of what the and to be eligible for election to all publicly Voting is a new development similar to a acquire, change or retain their nationality “ parents and the near relatives leave elected bodies… to hold public offices and process call in Islam Bai'ah or pledging [ARTICLE 9] (Qur'an 4:7). perform all public functions in all levels of allegiance to the leader. Like men, women government.” [ARTCILE 7] participated in and were included in the (Bai'ah) The nationality of any Muslim is the Islamic Many respectable scholars such as Imam Shafi'I allegiance of the Prophet. Abdur-rahman Ibn Doctrine (Aqida Al-islaamiya). Therefore, it is hold the view that it is obligatory that a husband 3.2.1 HOLDING A PUBLIC OFFICE Auf, one of the people selected by Omer Bin illegal for a Muslim woman to lose, or to be provide a gift to his divorced wife in accordance Khatab to nominate his successor, consulted denied her rights by marrying another Muslim. with the size of his wealth. The Qur'an, in describing the qualifications of many women before he recommended Uthman The Islamic Shari'a recognises property rights of true believers, states: ibn Affan to be the third caliph. Therefore women before and after marriage. For divorced women provide a suitable “… and whose rule in all matters of common women can vote without violating Islamic Gift. This is a duty on the righteous concern in consultation (shura) among guidelines of modesty and virtue. To men is allotted what they earn and (Qur'an 2:241) Bestow on them (a themselves. to women is allotted what they earn Suitable gift) The wealthy According (Qur'an: 4:32). to his means, And the poor According When it comes to administration and leadership his means (Qur'an 2:236) (see Tafsir positions, Islamic law (shari'a) does not allow a Islam through marriage aims to assure greater ibnu Katiir). women to be a head of any state based on this financial security for women. They are entitled Hadith: to receive marital gifts, to keep present and Women's property right's in Somali customary No people will ever succeed if they hand their future properties and income for their own laws are less progressive than they are in Islam. affairs to a woman. security. No married woman is required to spend Somali customary laws (Xeer) often circumvent a penny from her property and income on the women's inheritance rights in order to keep There is no clear-cut text that precludes women household. Generally, a Muslim woman is property with the patriarchal family. from holding a high level political position. guaranteed support in all stages of her life, as a However, some Muslim scholars severely daughter, wife, mother, or sister. restrict the presence of women in public life, Inheritance in Islam is based on kinship. citing varied reasons — moral vulnerability of women and, in their view, women's tendency to be a source of (fitna) temptation and social discord. For these reasons, conservative scholars do not permit women to hold any public office or leadership position. Other scholars permit women to hold any public office and leadership position with the exception of serving as Head of the State or Caliph. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 18 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 19

3.2.3 RUNNING FOR ELECTION According to tradition and customary law, 3.2.4 PUBLIC PARTICIPATION In contemporary Muslim societies, scholars decisions are often made through consensus. differ on the appropriate level of women's Contemporary Muslim scholars have differed on Mr. Cumar nuur Cusmaan (Aare), a member of Principally, in Islam a woman is religiously participation in community activities. Religious whether women are able to run for election. Somaliland Parliament, and Mr. Muse Cali required to remain in her house and to undertake leaders, officials of the key branches of the According to some scholars, Islam does not Faruur, a Somali folklore specialist, noted that the important task of taking care of her home government, intellectuals and civil society allow individuals to seek nomination and women used cultural devices to signal approval and her offspring: leaders of each country need to review and election to a public position, but rather or disapproval of a course of action, and thus “And stay quietly in your houses (Qur'an decide on strategies for women's participation in stipulates that the community should select or influence decisions. This included BRAANBUR or 32:33). the community, taking into consideration their nominate appropriate people to lead them. The ululation (Mashxarad). Again according to Muse national welfare and the social and economic Prophet (Pbuh) said: “We shall not give a public Cali Faruur, men consulted with the women in During the prophets' era, women attended the settings. position to whoever seeks or strives for it their family before the meetings of the clan mosque and took part in religious services on (Bukhari). Since such nomination or selection assemblies. feast days. They actively participated in Again the exercise of physical force or war process is very difficult today, some scholars discussion and were free to question, confront between kinship groups practically or potentially permit men to run for election, based on a verse The Somali culture does not explicitly state and challenge speakers. This practice continued is very important in the political life of these in which Joseph asks the Egyptian leader to whether Somali women can hold traditional even in 'Umar's time — when he was caliph. It groups. Women's role in this respect was make him the treasurer: leadership position or political offices. But in is reported that when 'Umar attempted to limit minimal. This situation has also minimised the (Joseph) set me over the storehouses of the practice we find that the clan-based system the dowry in a khutbah in the mosque, a woman political public participation of women. land: I am a good keeper, knowledgeable does not provide women the right to hold public challenged his ruling and 'Umar conceded that (Qur'an: 12:55). office or to have a formal role or participate in a "the woman is correct and 'Umar is wrong". Historically, however, women are known, traditional assembly (Shir or council). In a accepted, and expected to exert political The concept of election and voting is alien to patrilineal society, women face often difficult There is sufficient historical evidence of the influence indirectly through their husbands and the Somali political system. In recent years, choices: For instance, should she represent her participation of Muslim women in the choice of their kinsmen. There are legends like that of assemblies of clan representatives have been paternal kin or her husband's? There is also a rulers, in public issues, in consultation (shura), Araweello, which warn of the dangers of convened to elect leaders and to build political cultural belief that lineage interests and matters in administrative positions, and even on the women assuming political leadership. Others consensus on important decisions. Traditionally are the domain of men, and can be best battlefield. Such involvement in political affairs (likes the wives of the warrior and the leader such assemblies convened to: expressed through them. The exclusion is at was conducted without losing sight of the Wiil Waal) suggest that women, denied direct " Resolve inter-clan conflicts. least in part based on the belief that women will complementary priorities of both genders, and participation in the political process, can and do " Agree on nomination of a traditional leader. face a serious conflict of interest. without violating Islamic guidelines of modesty exert political power through men, particularly " Decide on issues of peace and war. and virtue. The Prophet was often advised by their husbands. In contemporary politics, the his wife Umm Salamah. wives of Presidents since independence in 1960 also seem to wield political power. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 18 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 19

3.2.3 RUNNING FOR ELECTION According to tradition and customary law, 3.2.4 PUBLIC PARTICIPATION In contemporary Muslim societies, scholars decisions are often made through consensus. differ on the appropriate level of women's Contemporary Muslim scholars have differed on Mr. Cumar nuur Cusmaan (Aare), a member of Principally, in Islam a woman is religiously participation in community activities. Religious whether women are able to run for election. Somaliland Parliament, and Mr. Muse Cali required to remain in her house and to undertake leaders, officials of the key branches of the According to some scholars, Islam does not Faruur, a Somali folklore specialist, noted that the important task of taking care of her home government, intellectuals and civil society allow individuals to seek nomination and women used cultural devices to signal approval and her offspring: leaders of each country need to review and election to a public position, but rather or disapproval of a course of action, and thus “And stay quietly in your houses (Qur'an decide on strategies for women's participation in stipulates that the community should select or influence decisions. This included BRAANBUR or 32:33). the community, taking into consideration their nominate appropriate people to lead them. The ululation (Mashxarad). Again according to Muse national welfare and the social and economic Prophet (Pbuh) said: “We shall not give a public Cali Faruur, men consulted with the women in During the prophets' era, women attended the settings. position to whoever seeks or strives for it their family before the meetings of the clan mosque and took part in religious services on (Bukhari). Since such nomination or selection assemblies. feast days. They actively participated in Again the exercise of physical force or war process is very difficult today, some scholars discussion and were free to question, confront between kinship groups practically or potentially permit men to run for election, based on a verse The Somali culture does not explicitly state and challenge speakers. This practice continued is very important in the political life of these in which Joseph asks the Egyptian leader to whether Somali women can hold traditional even in 'Umar's time — when he was caliph. It groups. Women's role in this respect was make him the treasurer: leadership position or political offices. But in is reported that when 'Umar attempted to limit minimal. This situation has also minimised the (Joseph) set me over the storehouses of the practice we find that the clan-based system the dowry in a khutbah in the mosque, a woman political public participation of women. land: I am a good keeper, knowledgeable does not provide women the right to hold public challenged his ruling and 'Umar conceded that (Qur'an: 12:55). office or to have a formal role or participate in a "the woman is correct and 'Umar is wrong". Historically, however, women are known, traditional assembly (Shir or council). In a accepted, and expected to exert political The concept of election and voting is alien to patrilineal society, women face often difficult There is sufficient historical evidence of the influence indirectly through their husbands and the Somali political system. In recent years, choices: For instance, should she represent her participation of Muslim women in the choice of their kinsmen. There are legends like that of assemblies of clan representatives have been paternal kin or her husband's? There is also a rulers, in public issues, in consultation (shura), Araweello, which warn of the dangers of convened to elect leaders and to build political cultural belief that lineage interests and matters in administrative positions, and even on the women assuming political leadership. Others consensus on important decisions. Traditionally are the domain of men, and can be best battlefield. Such involvement in political affairs (likes the wives of the warrior and the leader such assemblies convened to: expressed through them. The exclusion is at was conducted without losing sight of the Wiil Waal) suggest that women, denied direct " Resolve inter-clan conflicts. least in part based on the belief that women will complementary priorities of both genders, and participation in the political process, can and do " Agree on nomination of a traditional leader. face a serious conflict of interest. without violating Islamic guidelines of modesty exert political power through men, particularly " Decide on issues of peace and war. and virtue. The Prophet was often advised by their husbands. In contemporary politics, the his wife Umm Salamah. wives of Presidents since independence in 1960 also seem to wield political power. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 20 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 21

3.3 EQUALITY OF SOCIOECONOMIC OPPORTUNITIES

“... take all appropriate measures to eliminate “. take all appropriate measures to eliminate Women perform varied roles at different stages. Consequently, the economic roles and discrimination against women in order to discrimination against women in the field of As a wife and as a mother, she is a teacher for contributions of women have changed ensure to them equal rights with men in the employment in order to ensure, on the basis all her children, a master trainer for her drastically. The religious and cultural impact of field of education and training…”[ARTICLE of equality of men and women, the same daughters, and above all a manager of not only these changes remains to be fully studied and 10] CEDAW rights… [ARTICLE 11] CEDAW her home, including the family's livestock. In a understood. Some of the conditions on women's traditional nomadic setting, women's work is work outside the home are: " Education is not only a right but also a duty According to Islamic Shari'a, the primary duty of also highly specialized and valued. For example The job itself should not be something of all males and females. Prophet Muhammad women is to maintain the home, provide support women make all materials for the construction forbidden or should not lead her to something said: "Seeking knowledge is mandatory for to her husband, and bearing, raising and of the nomadic home, as well as all household forbidden. " every Muslim. A husband can not prevent his teaching her children: A woman is responsible utensils and instruments. They are also She should comply with Islamic guidelines of wife from seeking education. Parents are for her husband's home and maintaining her responsible for the logistics of moving the family modesty and virtue. " duty bound to educate their girls as they house, said the Prophet (Pbuh). Women have dwelling in the frequent nomadic movements. She should not forgo an important job (like educate their sons. Prophet Muhammad the right to work outside her house out of Women procure daily supplies of water and her housework) for this job. said:" Whosoever has a daughter and…. does necessity or otherwise, but a woman needs to firewood. These are just some examples of not favor his son over her, Allah will enter consult her spouse or guardian if she wishes to women's role in the traditional system. In Somali Culture, labour (including herding of him into Paradise." [Ahmad] work. livestock and farm work) is considered a duty In the Somali pastoral economy, the labor of and obligation of all in the family. Each family The Prophet encouraged women to seek The Qur'an cites the daughters' of Shu'ayb: the women is part of their domestic and member has a specific, well-defined role and knowledge. As an example, the Prophet “And when he arrived at the watering (place) communal activities. The political and social responsibility. In the urban employment, there assigned specific days to instruct women, in Madyan, He found there a group of men crises during the last fifty years brought women are no Islamic grounds for discrimination against despite his busy schedule. Islam endorses a watering (their flocks). And besides them he in large numbers to the labour market to women. woman's right to have access to all types of found two women who were keeping back perform traditional responsibilities. Out of education and training, and to pursue it to any (their flocks). He said “what is the matter necessity, they took to work outside the home level they desire. Both males and females can with you?” They said: We cannot water (Our and became key actors in the marketplace as have the same curricula, examination and flocks) until the shepherds take back (their small traders, shop owners, and Qat sellers. qualified teachers. Conservative Islamic groups flocks): And our father is a very old man.” demand separate educational facilities for men (Qur'an 28:23). and women. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 20 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 21

3.3 EQUALITY OF SOCIOECONOMIC OPPORTUNITIES

“... take all appropriate measures to eliminate “. take all appropriate measures to eliminate Women perform varied roles at different stages. Consequently, the economic roles and discrimination against women in order to discrimination against women in the field of As a wife and as a mother, she is a teacher for contributions of women have changed ensure to them equal rights with men in the employment in order to ensure, on the basis all her children, a master trainer for her drastically. The religious and cultural impact of field of education and training…”[ARTICLE of equality of men and women, the same daughters, and above all a manager of not only these changes remains to be fully studied and 10] CEDAW rights… [ARTICLE 11] CEDAW her home, including the family's livestock. In a understood. Some of the conditions on women's traditional nomadic setting, women's work is work outside the home are: " Education is not only a right but also a duty According to Islamic Shari'a, the primary duty of also highly specialized and valued. For example The job itself should not be something of all males and females. Prophet Muhammad women is to maintain the home, provide support women make all materials for the construction forbidden or should not lead her to something said: "Seeking knowledge is mandatory for to her husband, and bearing, raising and of the nomadic home, as well as all household forbidden. " every Muslim. A husband can not prevent his teaching her children: A woman is responsible utensils and instruments. They are also She should comply with Islamic guidelines of wife from seeking education. Parents are for her husband's home and maintaining her responsible for the logistics of moving the family modesty and virtue. " duty bound to educate their girls as they house, said the Prophet (Pbuh). Women have dwelling in the frequent nomadic movements. She should not forgo an important job (like educate their sons. Prophet Muhammad the right to work outside her house out of Women procure daily supplies of water and her housework) for this job. said:" Whosoever has a daughter and…. does necessity or otherwise, but a woman needs to firewood. These are just some examples of not favor his son over her, Allah will enter consult her spouse or guardian if she wishes to women's role in the traditional system. In Somali Culture, labour (including herding of him into Paradise." [Ahmad] work. livestock and farm work) is considered a duty In the Somali pastoral economy, the labor of and obligation of all in the family. Each family The Prophet encouraged women to seek The Qur'an cites the daughters' of Shu'ayb: the women is part of their domestic and member has a specific, well-defined role and knowledge. As an example, the Prophet “And when he arrived at the watering (place) communal activities. The political and social responsibility. In the urban employment, there assigned specific days to instruct women, in Madyan, He found there a group of men crises during the last fifty years brought women are no Islamic grounds for discrimination against despite his busy schedule. Islam endorses a watering (their flocks). And besides them he in large numbers to the labour market to women. woman's right to have access to all types of found two women who were keeping back perform traditional responsibilities. Out of education and training, and to pursue it to any (their flocks). He said “what is the matter necessity, they took to work outside the home level they desire. Both males and females can with you?” They said: We cannot water (Our and became key actors in the marketplace as have the same curricula, examination and flocks) until the shepherds take back (their small traders, shop owners, and Qat sellers. qualified teachers. Conservative Islamic groups flocks): And our father is a very old man.” demand separate educational facilities for men (Qur'an 28:23). and women. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 22 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 23

3.4 MARRIAGE AND FAMILY

“… ensure on the basis of equality of men whether such stipulation would invalidate the Many young couples eloped if their respective Another old practice, according to Mr Muse Cali and women the right to enter into marriage… marriage. families objected to their marriage. However, in Faruur and Mr Aare, saw a father promise his the same rights and responsibilities during most cases, young couples were married infant girl in marriage to another man upon her marriage… the same rights for both spouses In the Somali culture marriage is conducted in through a system of marriage transaction reaching maturity. This system is known as in respect of ownership, acquisition, accordance with Islamic teachings and more whereby the respected fathers would agree on a (Xudun-xid) or child betrothal system. Both management, administration, enjoyment and specifically on “Shaafici” school of thought. For price for the bride. Muse and Aare confirmed that this custom has disposition of property, whether for free of this reason there is no special xeer (Customary almost disappeared. charge or for valuable consideration….” agreement) between different kinship groups for In giving family heads the authority to accept or CEDAW [ARTCILE 16] marriage procedures. But there are factors that reject the marriage transaction, much power is Islam celebrates the special and exclusive influence marriage such as social norms, local invested in them. Most families preferred this function of marriage- procreation- and extends The social rights of women in Islam and Somali customs and folkways, mostly based on bond of system because it promoted links between this celebration of marriage to motherhood. The Culture are best expressed in marriage traditions affinity between families and agnatic groups families and also engendered positives for both Qur'an advocates reverence for mothers. and the institution of the family. resulting from the marriage contract between families, in bride wealth and a healthy marriage O mankind: Reverence your Guardian Lord the two persons. dowry. and (reverence) the wombs (that bore you): for Allah ever watches over you (Qur'an 4:1). 3.4.1 THE BETROTHAL SYSTEM In Somali society, marriage has both individual According to Hadraawi, a renowned Poet and and commercial aspects (I.M.Lewis.1994, p, expert on Somali culture, this arrangement is Mothers are also accorded a special place of According to Islam, women have the right to 67). It is the duty of the girl's family to help her also a source of pride and honour for the girls. honour in the Prophet Sayings . A man came to accept or reject marriage proposals. Her consent marry. Parents and other agnates therefore According to Muse Cali Faruur and Cumar Nuur the Prophet Mohamed asking: is a prerequisite for the validity of the marital exercise considerable influence in the choice of Cusmaa (Aare), the power of the father and O Messenger of Allah, who among the people contract according to the Prophet's teaching. a bride. Brides are chosen or rejected in the other senior family male members or agnates is the most worthy of my good interest of the families and concerned kinship over the girl's right to choose her spouse was companionship? The Prophet said your "Ibn Abbas reported that a girl came to the group (I.M.Lewis, 1994,33). counter-balanced by the power the girl exercised mother. The man said then who is next: the Messenger of God, Muhammad, and she over the family in choosing to elope if they Prophet said, your mother, the man further reported that her father had forced her to Despite this group interest, young people have objected to her relationship. asked, and then who is next? The Prophet marry without her consent. The Messenger of considerable room for free choice. Marriage said, your mother. The man further asked, God gave her the choice ... (between itself is a right of every young couple. Under the Muse Cali Faruur and Mr. Aare noted another and then who is next? Only then did the accepting the marriage or invalidating it)." Somali tradition, young females and males can system that, in rare cases, allowed a girl who Prophet say, your father. (Muslim/Bukhari) (Ahmad). meet whilst herding live-stock, either during the passed the normal age of marriage to present daytime, or at nights inside the nomadic hamlet, herself to a nomadic hamlet for marriage to a In another version, the girl said: "Actually, I where they can dance or talk together. Older man. Mr. Muse continued to point out that accept this marriage, but I wanted to let women people, especially the religious, often disapprove sometimes the woman used to select a know that parents have no right to force a of these meetings, particularly the songs and particular man, the house of whom she took husband on them." [Ibn Majah] A woman can dances. (I. M. Lewis ,1994,p, 34).These social refuge in. This was a symbolic request to marry stipulate, “not to be married with” in her encounters were good opportunities for young her. This custom belongs to the remote past and marriage contract. The scholars have differed on people to get acquainted with each other, and is not something practised today. would sometimes lead to marriage. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 22 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 23

3.4 MARRIAGE AND FAMILY

“… ensure on the basis of equality of men whether such stipulation would invalidate the Many young couples eloped if their respective Another old practice, according to Mr Muse Cali and women the right to enter into marriage… marriage. families objected to their marriage. However, in Faruur and Mr Aare, saw a father promise his the same rights and responsibilities during most cases, young couples were married infant girl in marriage to another man upon her marriage… the same rights for both spouses In the Somali culture marriage is conducted in through a system of marriage transaction reaching maturity. This system is known as in respect of ownership, acquisition, accordance with Islamic teachings and more whereby the respected fathers would agree on a (Xudun-xid) or child betrothal system. Both management, administration, enjoyment and specifically on “Shaafici” school of thought. For price for the bride. Muse and Aare confirmed that this custom has disposition of property, whether for free of this reason there is no special xeer (Customary almost disappeared. charge or for valuable consideration….” agreement) between different kinship groups for In giving family heads the authority to accept or CEDAW [ARTCILE 16] marriage procedures. But there are factors that reject the marriage transaction, much power is Islam celebrates the special and exclusive influence marriage such as social norms, local invested in them. Most families preferred this function of marriage- procreation- and extends The social rights of women in Islam and Somali customs and folkways, mostly based on bond of system because it promoted links between this celebration of marriage to motherhood. The Culture are best expressed in marriage traditions affinity between families and agnatic groups families and also engendered positives for both Qur'an advocates reverence for mothers. and the institution of the family. resulting from the marriage contract between families, in bride wealth and a healthy marriage O mankind: Reverence your Guardian Lord the two persons. dowry. and (reverence) the wombs (that bore you): for Allah ever watches over you (Qur'an 4:1). 3.4.1 THE BETROTHAL SYSTEM In Somali society, marriage has both individual According to Hadraawi, a renowned Poet and and commercial aspects (I.M.Lewis.1994, p, expert on Somali culture, this arrangement is Mothers are also accorded a special place of According to Islam, women have the right to 67). It is the duty of the girl's family to help her also a source of pride and honour for the girls. honour in the Prophet Sayings . A man came to accept or reject marriage proposals. Her consent marry. Parents and other agnates therefore According to Muse Cali Faruur and Cumar Nuur the Prophet Mohamed asking: is a prerequisite for the validity of the marital exercise considerable influence in the choice of Cusmaa (Aare), the power of the father and O Messenger of Allah, who among the people contract according to the Prophet's teaching. a bride. Brides are chosen or rejected in the other senior family male members or agnates is the most worthy of my good interest of the families and concerned kinship over the girl's right to choose her spouse was companionship? The Prophet said your "Ibn Abbas reported that a girl came to the group (I.M.Lewis, 1994,33). counter-balanced by the power the girl exercised mother. The man said then who is next: the Messenger of God, Muhammad, and she over the family in choosing to elope if they Prophet said, your mother, the man further reported that her father had forced her to Despite this group interest, young people have objected to her relationship. asked, and then who is next? The Prophet marry without her consent. The Messenger of considerable room for free choice. Marriage said, your mother. The man further asked, God gave her the choice ... (between itself is a right of every young couple. Under the Muse Cali Faruur and Mr. Aare noted another and then who is next? Only then did the accepting the marriage or invalidating it)." Somali tradition, young females and males can system that, in rare cases, allowed a girl who Prophet say, your father. (Muslim/Bukhari) (Ahmad). meet whilst herding live-stock, either during the passed the normal age of marriage to present daytime, or at nights inside the nomadic hamlet, herself to a nomadic hamlet for marriage to a In another version, the girl said: "Actually, I where they can dance or talk together. Older man. Mr. Muse continued to point out that accept this marriage, but I wanted to let women people, especially the religious, often disapprove sometimes the woman used to select a know that parents have no right to force a of these meetings, particularly the songs and particular man, the house of whom she took husband on them." [Ibn Majah] A woman can dances. (I. M. Lewis ,1994,p, 34).These social refuge in. This was a symbolic request to marry stipulate, “not to be married with” in her encounters were good opportunities for young her. This custom belongs to the remote past and marriage contract. The scholars have differed on people to get acquainted with each other, and is not something practised today. would sometimes lead to marriage. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 24 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 25

3.5 ACCESS TO SERVICES AND LOANS

Kindness to parents (especially mothers) is next 3.4.2 RESPONSIBILITY The normative relations of husbands and wives “… take all appropriate measures in order to to worship of Allah: in Somali culture are highly similar to those eliminate discrimination against women in the Your lord has decreed that you worship none In Islam, the husband is responsible for the under Islam. The husband is the head of the field of health care, on the basis of equality but Him and that you be kind to parents. maintenance, protection, and overall welfare of family. He is responsible for the security and the of men and women, access to health care Whether one or both of them attain old age in the family (qiwamah) within the framework of relationship of his family to others. The wife is services, including those related to family your life say not to them a word of contempt consultation and kindness. in turn responsible for the day - today planning: CEDAW[ARTCILE 12] nor repel them but address them in terms of management of family affairs. honour (Qir'an 17:23). “Men are the protectors and maintains of There are no religious or cultural discriminations women because Allah has given the one against women in health care. However, Islam And we have enjoined on the human (to be more (strength) than the other and because 3.4.3 DIVORCE AND CUSTODY does not permit birth control, and encourages good) to his/her parents: in travail upon did they support them from their means.” human reproduction, as the Prophet exhorted his/her mother bear him/her and in years Qur'an 4:34). Islam stipulates the husband's right to divorce, Muslims to multiply. But the Qur'an commands Twain was his/her waning: (hear the while recognising the wife's right to ask for it. the mothers to breastfeed their offspring for two command) “show gratitude to Me and to your Islam also sought to establish symmetry The wife can initiate divorce through a process whole years the mothers shall give suck to their parents: to Me is (your final) destiny. (Qur'an between the respective rights and obligations of called “khul”--divestiture. The Somali culture offspring for two whole years (Qur'an 2:233). 31:14) men and women. permits the mediation of marital disputes by the This encourages spacing between children. relatives. Otherwise, the Shari'a is used to Marriage is not only a binding contract between “And women shall have rights Similar to the resolve disputes between husbands and wives. “...ensure on a basis of equality … the right two persons, but also involves a wider rights against them, according to what is to bank loans..”CEDAW [ARTICLE 13] relationship between their respective kin's equitable.” Qur'an 2:228). The priority for custody of young children (up to (I.M.Lewis1994, p.42). Two customs, reflecting the age of about seven) is given to the mother. The Somali nomadic economy was not money the commercial character of marriage in Somali Prophet Muhammad instructed respect for A child later chooses between his mother and based. Indeed, a well-known Somali proverb pastoral society, are called Dumaal and women. To demonstrate that respect, the father (for custody purposes). Custody says, “Allahayaw maxay noqon ninkii awrkii Xigsiisan. The former (widow inheritance) is a Prophet helped in household chores in spite of questions are settled in a manner prioritizing the lacag siistay!” This means, “If you sell your custom in which a man is to marry the widow his busy schedule and encouraged men to interest and well being of the child. camel and in turn get some money, Oh! God, I of his brother or his close cousin (inadeer) who consult with their spouses and children in family just can't imagine that.” has no brother. The latter is also a custom matters. The Prophet said, “The best to you is where a man is to marry his deceased wife's the best to your family (wife)…” There are also no banks in the urban sectors of sister. Somaliland. Loans are secured from relatives Islam obliged women to accept the authority of and friends. Somali traditions neither encourage the husband within the family. nor discourage or impede women from taking bank loans. “The righteous women are obedient and protect (the husband's interest) in his absence, as Allah has protected them. “ (Qur'an 4:241) WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 24 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 25

3.5 ACCESS TO SERVICES AND LOANS

Kindness to parents (especially mothers) is next 3.4.2 RESPONSIBILITY The normative relations of husbands and wives “… take all appropriate measures in order to to worship of Allah: in Somali culture are highly similar to those eliminate discrimination against women in the Your lord has decreed that you worship none In Islam, the husband is responsible for the under Islam. The husband is the head of the field of health care, on the basis of equality but Him and that you be kind to parents. maintenance, protection, and overall welfare of family. He is responsible for the security and the of men and women, access to health care Whether one or both of them attain old age in the family (qiwamah) within the framework of relationship of his family to others. The wife is services, including those related to family your life say not to them a word of contempt consultation and kindness. in turn responsible for the day - today planning: CEDAW[ARTCILE 12] nor repel them but address them in terms of management of family affairs. honour (Qir'an 17:23). “Men are the protectors and maintains of There are no religious or cultural discriminations women because Allah has given the one against women in health care. However, Islam And we have enjoined on the human (to be more (strength) than the other and because 3.4.3 DIVORCE AND CUSTODY does not permit birth control, and encourages good) to his/her parents: in travail upon did they support them from their means.” human reproduction, as the Prophet exhorted his/her mother bear him/her and in years Qur'an 4:34). Islam stipulates the husband's right to divorce, Muslims to multiply. But the Qur'an commands Twain was his/her waning: (hear the while recognising the wife's right to ask for it. the mothers to breastfeed their offspring for two command) “show gratitude to Me and to your Islam also sought to establish symmetry The wife can initiate divorce through a process whole years the mothers shall give suck to their parents: to Me is (your final) destiny. (Qur'an between the respective rights and obligations of called “khul”--divestiture. The Somali culture offspring for two whole years (Qur'an 2:233). 31:14) men and women. permits the mediation of marital disputes by the This encourages spacing between children. relatives. Otherwise, the Shari'a is used to Marriage is not only a binding contract between “And women shall have rights Similar to the resolve disputes between husbands and wives. “...ensure on a basis of equality … the right two persons, but also involves a wider rights against them, according to what is to bank loans..”CEDAW [ARTICLE 13] relationship between their respective kin's equitable.” Qur'an 2:228). The priority for custody of young children (up to (I.M.Lewis1994, p.42). Two customs, reflecting the age of about seven) is given to the mother. The Somali nomadic economy was not money the commercial character of marriage in Somali Prophet Muhammad instructed respect for A child later chooses between his mother and based. Indeed, a well-known Somali proverb pastoral society, are called Dumaal and women. To demonstrate that respect, the father (for custody purposes). Custody says, “Allahayaw maxay noqon ninkii awrkii Xigsiisan. The former (widow inheritance) is a Prophet helped in household chores in spite of questions are settled in a manner prioritizing the lacag siistay!” This means, “If you sell your custom in which a man is to marry the widow his busy schedule and encouraged men to interest and well being of the child. camel and in turn get some money, Oh! God, I of his brother or his close cousin (inadeer) who consult with their spouses and children in family just can't imagine that.” has no brother. The latter is also a custom matters. The Prophet said, “The best to you is where a man is to marry his deceased wife's the best to your family (wife)…” There are also no banks in the urban sectors of sister. Somaliland. Loans are secured from relatives Islam obliged women to accept the authority of and friends. Somali traditions neither encourage the husband within the family. nor discourage or impede women from taking bank loans. “The righteous women are obedient and protect (the husband's interest) in his absence, as Allah has protected them. “ (Qur'an 4:241) WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 26 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE WORKSHOP DISCUSSIONS 27

3.6 CULTURAL PREJUDICES AND 3.7 HONOUR AND MORALITY RESTRICTIONS

“… Take all appropriate measures to modify Notions of honour and sexual morality in Islam 3.6.2 VIOLENCE OR ABUSE AGAINST WOMEN As defined by the Hadith, it is not permissible to the social and cultural patterns of conduct of and Somali culture are similar and are sources of strike anyone's face, cause any bodily harm or men and women… which are based on the gender bias against women, and restrictions on Violence against women is often based on even be harsh. In addition, early jurists idea of inferiority or superiority of either sex their freedom of movement. In Islam, the erroneous notions of men's authority over interpreted light beating as a (symbolical) use of or stereotyped roles for men and women.” movement of women requires the permission of women. Under no circumstances does the the miswak (a small natural toothbrush). CEDAW [ARTICLE 5] husbands or male guardians, and in traveling she Qur'an encourage, or condone physical abuse or However, the Prophet Muhammad discouraged requires the permission of her Muhram cruelty towards women. The maximum allowed these measures. Among his sayings: "[Is it not a (husband, father, brother, first uncle). Such in extreme cases is a gentle tap that does not shame that], one of you beats his wife like [an restrictions are not imposed on Somali women. even leave a mark on the body while saving the unscrupulous person] beats a slave and maybe marriage from collapsing. Even in this last he sleeps with her at the end of the day."( Riyad Islam permits a maximum number of four wives respect the historical context needs to be Al Saliheen) in another Hadith, the Prophet said at a time. However, guidelines are provided for applied. "How does anyone of you beat his wife as he just and equal treatment of co-wives. The beats the stallion camel and then he may Qur'an explicitly places conditions on the In the event of a family dispute with the embrace (sleep with) her?" (Bukhari)in addition practice of polygamy. problem relating to the wife's behaviour, her the Prophet (Pbuh) never raised his hands to his husband may exhort her and appeal for reason. wives. “ If you fear that you shall not be able to deal In case the problem continues, the husband may justly with the orphans marry women of your express his displeasure in another peaceful The Shari'a (Islamic Law) has long co-existed choice-- two or three or four; but if you fear manner by sleeping in a separate bed from hers. with Somali customary law (Xeer), despite that you shall not be able to deal justly (with If that don't solve the problem the husband may apparent contradictions between the two. The them) then only one ... (Qur'an 4:3) resort to another measure best described as a Shar'a is more progressive than Somali gentle tap on the body, but never on the face, customary law. It grants women rights in making it more of a symbolic measure than a inheritance and ownership, stipulates 3.6.1 POLYGAMY punitive one. procedures for settling divorce, initiating marriage and maintaining widows and orphans. There has been an upsurge in polygamy, where “As to those women on whose part you fear The customary law that is practised often men, who have no means to look after one disloyalty and ill conduct, admonish them denies women their share of inheritance in family, are marrying other women. This practice (first), (next) refuse to share their beds (and camels, land and farms by families, in order to is the most frequent cause of divorce. In last) beat them (lightly); but if they return to protect the property of the patriarchal family. Somaliland, polygamy has had devastating obedience seek not against them means (of Somali customs and practices also include psychological effects on women, causes annoyance): for Allah is Most High, great arranged marriages in which the consent of the economic hardship for the family, and is the (above you all).” (Qur'an 4:34) women involved is not sought, and not adhering source of conflict between siblings of different to the strict conditions attached to multiple mothers. wives. UNICEF/SOM01-14/PIROZZI 4. RECOMMENDATIONS educate aboyyouoneperson,butifgirlmany. precondition fortherealizationofotherrights.AfamousArabianpoetoncecommentedthat ifyou The promotionofgirls/women'seducationisanimportanthumanrightsissueandessential women's rights. of menandwomenisthegatewaytobetterunderstandingrestrictionslimitationon understand therolesandstatusofmenwomeninSomaliclansystem.Thedistinctgenderrole women's rightsinamannerthatiscompatiblewiththeSomaliculture,itextremelyimportantto Today, womeninSomalilandplayanotablerole,particularlyeconomically.Inordertoadvance educate aboyyouoneperson,butifgirlmany. precondition fortherealizationofotherrights.AfamousArabianpoetoncecommentedthat ifyou The promotionofgirls/women'seducationisanimportanthumanrightsissueandessential women's rights. of menandwomenisthegatewaytobetterunderstandingrestrictionslimitationon understand therolesandstatusofmenwomeninSomaliclansystem.Thedistinctgenderrole women's rightsinamannerthatiscompatiblewiththeSomaliculture,itextremelyimportantto Today, womeninSomalilandplayanotablerole,particularlyeconomically.Inordertoadvance WOMEN'S RIGHTSINISLAMANDSOMALICULTURE 29 UNICEF/SOM01-14/PIROZZI 4. RECOMMENDATIONS educate aboyyouoneperson,butifgirlmany. educate aboyyouoneperson,butifgirlmany. precondition fortherealizationofotherrights.AfamousArabianpoetoncecommentedthat ifyou precondition fortherealizationofotherrights.AfamousArabianpoetoncecommentedthat ifyou The promotionofgirls/women'seducationisanimportanthumanrightsissueandessential The promotionofgirls/women'seducationisanimportanthumanrightsissueandessential women's rights. women's rights. of menandwomenisthegatewaytobetterunderstandingrestrictionslimitationon of menandwomenisthegatewaytobetterunderstandingrestrictionslimitationon understand therolesandstatusofmenwomeninSomaliclansystem.Thedistinctgenderrole understand therolesandstatusofmenwomeninSomaliclansystem.Thedistinctgenderrole women's rightsinamannerthatiscompatiblewiththeSomaliculture,itextremelyimportantto women's rightsinamannerthatiscompatiblewiththeSomaliculture,itextremelyimportantto Today, womeninSomalilandplayanotablerole,particularlyeconomically.Inordertoadvance Today, womeninSomalilandplayanotablerole,particularlyeconomically.Inordertoadvance WOMEN'S RIGHTSINISLAMANDSOMALICULTURE 29 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE RECOMMENDATIONS 30 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE RECOMMENDATIONS 31

" " The workshop participants identified some areas To the extent possible, international human Those aspects of the customary law that In summary, both Islam and the Somali culture of the Somali culture that are compatible with rights norms should be adapted to the human seriously restrict or discriminate against view women's political participation and rights the main provisions of the economic and social rights conditions of women in Somaliland. women need to be reviewed and up-dated so differently than the CEDAW. The Somaliland rights included in CEDAW. The two working But these international norms must be as to make them compatible with today's Constitution acknowledges gender equality groups and the workshop participants concluded consistent with Islam and Somali culture. modern life. However, the risks of cultural (Articles 8 on equality of citizens and 36 on " the following recommendations: Islamic principles should be differentiated dislocation and confusion of identity must be women's rights). The constitution defines " Women's rights are integral part of Islamic from the prevailing circumstances and considered and avoided. women's rights broadly and in the context of " and Somali culture. Efforts to advance practices in different stages of development In order to implement the above goal, Islamic perspective on the different roles of men women's rights must take into account both and historical periods - e.g. if today in massive orientation courses need to be and women. However, the constitution Islam and the culture. Otherwise, these Somaliland men failed to fulfil their expected organized to increase awareness and sanctions gender equality in political efforts will backfire due to resistance and role in the family - it would have nothing to acceptance of women's rights. Women's participation and gives women greater political negative reaction. do with Islamic teachings. rights should be also disseminated through rights than is actually the practice. Strategies " " It is not useful to consider the human rights Where there is no explicit text in the Qura'n the formal and informal media. for enhancing women's political participation " of women as a “gender-struggle”. Women or the Sunnah on a particular human rights To improve the status of women in need sympathetic attention, understanding and alone should not assume the responsibility of issue, the overall benefits and negative Somaliland, efforts should focus particularly further study, in order to explore how and what advancing women's rights. Men also have a impact or damage on the fabric of the society on today's problems relating to marriages, legal and constitutional mechanisms can be prominent role to play. should be evaluated in order to resolve and divorces, family responsibility, and child care used to implement the rights of women under " Since the institutions of the family and decide issues. Such decisions should give utilizing the Islamic law. (shari'a) the constitution. " society are inherently linked, women's rights priority to preventing damage to both women In particular, efforts toward change must should be examined in the context of the and society. stress the expansion of economic " family in Islamic Society and the rights and Islamic beliefs and norms provide moral opportunities and social programs for the obligations of each member of the family. guidelines to secular life that are connected poor, the less fortunate or most vulnerable " In both Islamic and Somali traditions, the to a faith in life hereafter. These beliefs must people, most of whom are children and rights of family members should complement be taken into account in efforts to advance women. each other. Greater realisation of women's women's rights. " rights therefore reinforce the welfare of the Some aspects of clan social organization family members as a whole. have adverse effects on women's political " The norms of Islam should be distinguished rights. These must be changed through from the negative aspects of the prevailing education and enlightenment. social customs and practices. WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE RECOMMENDATIONS 30 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE RECOMMENDATIONS 31

" " The workshop participants identified some areas To the extent possible, international human Those aspects of the customary law that In summary, both Islam and the Somali culture of the Somali culture that are compatible with rights norms should be adapted to the human seriously restrict or discriminate against view women's political participation and rights the main provisions of the economic and social rights conditions of women in Somaliland. women need to be reviewed and up-dated so differently than the CEDAW. The Somaliland rights included in CEDAW. The two working But these international norms must be as to make them compatible with today's Constitution acknowledges gender equality groups and the workshop participants concluded consistent with Islam and Somali culture. modern life. However, the risks of cultural (Articles 8 on equality of citizens and 36 on " the following recommendations: Islamic principles should be differentiated dislocation and confusion of identity must be women's rights). The constitution defines " Women's rights are integral part of Islamic from the prevailing circumstances and considered and avoided. women's rights broadly and in the context of " and Somali culture. Efforts to advance practices in different stages of development In order to implement the above goal, Islamic perspective on the different roles of men women's rights must take into account both and historical periods - e.g. if today in massive orientation courses need to be and women. However, the constitution Islam and the culture. Otherwise, these Somaliland men failed to fulfil their expected organized to increase awareness and sanctions gender equality in political efforts will backfire due to resistance and role in the family - it would have nothing to acceptance of women's rights. Women's participation and gives women greater political negative reaction. do with Islamic teachings. rights should be also disseminated through rights than is actually the practice. Strategies " " It is not useful to consider the human rights Where there is no explicit text in the Qura'n the formal and informal media. for enhancing women's political participation " of women as a “gender-struggle”. Women or the Sunnah on a particular human rights To improve the status of women in need sympathetic attention, understanding and alone should not assume the responsibility of issue, the overall benefits and negative Somaliland, efforts should focus particularly further study, in order to explore how and what advancing women's rights. Men also have a impact or damage on the fabric of the society on today's problems relating to marriages, legal and constitutional mechanisms can be prominent role to play. should be evaluated in order to resolve and divorces, family responsibility, and child care used to implement the rights of women under " Since the institutions of the family and decide issues. Such decisions should give utilizing the Islamic law. (shari'a) the constitution. " society are inherently linked, women's rights priority to preventing damage to both women In particular, efforts toward change must should be examined in the context of the and society. stress the expansion of economic " family in Islamic Society and the rights and Islamic beliefs and norms provide moral opportunities and social programs for the obligations of each member of the family. guidelines to secular life that are connected poor, the less fortunate or most vulnerable " In both Islamic and Somali traditions, the to a faith in life hereafter. These beliefs must people, most of whom are children and rights of family members should complement be taken into account in efforts to advance women. each other. Greater realisation of women's women's rights. " rights therefore reinforce the welfare of the Some aspects of clan social organization family members as a whole. have adverse effects on women's political " The norms of Islam should be distinguished rights. These must be changed through from the negative aspects of the prevailing education and enlightenment. social customs and practices. UNICEF/SOM03-58/TAYLOR earn (Qur'an:4:32). earn (Qur'an:4:32). To menisallottedwhattheyearnandtowomen To menisallottedwhattheyearnandtowomen ANNEX WOMEN'S RIGHTSINISLAMANDSOMALICULTURE 33 UNICEF/SOM03-58/TAYLOR earn (Qur'an:4:32). earn (Qur'an:4:32). To menisallottedwhattheyearnandtowomen To menisallottedwhattheyearnandtowomen ANNEX WOMEN'S RIGHTSINISLAMANDSOMALICULTURE 33 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE ANNEX 34 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE ANNEX 35

ANNEX TEAMS AND WORKSHOP PARTICIPANTS

RESEARCHERS WORKSHOP PARTICIPANTS

1. Mohamed Haji Mohamoud Religious scholar 1. Ahmed Yusuf Dualeh Minister of Education 2. Mohamed Hassan Ibrahim A Researcher 2. Sh. Ismail Abdi Hurre Religious Scholar 3. Amina Warsame Researcher in Women Issues 3. Amran Ali Iis DG of Ministry of Family 4. Ja'far Mohamed Gadaweyne An Educationists and a Researcher 4. Mohamed Yusuf Abdi House Elders 5. Rashid Haji Abdillahi Sociologists and literalists 5. Mohamoud A. Hamud Intellectual and a Politicians 6. Ahmed Abbas Ahmed Intellectual 7. Khaliil Abdiqadir Religious Leaders WORKING GROUPS 8. Foosiyo Haji Dahir Religious Woman 9. Sacido Ahmed Abdi Teacher 1. Mohamed Saleh Igeh A judge, head of Hargeysa's Regional Court 10. Farduz M. Mohamed Educationist 2. Ifrah Adan A lawyer and Human rights advocate 11. Foosiyo Abdiqadir Housewife 3. Sa'di Muse Director of International NGO PENHA 12. Kayd Jama Officer- Ministry of Culture 4. Abdirahman Jimaleh A Researcher 13. Ahmed Saleyman Officer- Custodial Corp. 5. Mohamed Warsame Hadrawi A renown poet 14. Hoodo Mohamed Housewife 6. Bashir Farah Kahin Educationist and expert in Curriculum 15. Shukri Wali Women NGOs 7. Muse Ali Farur A leading Traditionalist 16. Ali Ahmed Gedi Public 8. Omar Nor Osman A parliamentarian and Traditionalist 17. Sahra Abdillahi Women NGOs 18. Ramla Mohamoud Women Activists 19. Faysal Abdillahi Journalist, Mandeeq REGIONS 20. Fadhiya Haji Hussein NAGAAD Umbrella 21. Jawahir A. Abdalla Teacher 1. Salayman Abdillahi Religious Groups/Sahil Region 22. Asha M. Omar Women Activists 2. Ahmed Roble Youth activists/Sahil Region 3. Sado Jama Ali Women NGOs/Sahil Region 4. Ikram Haji Dawuud Women Activits/Awdel Region 5. Sh. Hassan Dahaye Religious Scholar/Awdel 6. Yusuf Geedi Traditionalist/Awdel 7. Su'ad Salah Ibrahim Officer, Regional Court/Sanaag 8. Saeed A. Dahir Religious Group/Sanag 9. Roble Elmi Muse Traditionalists/Sanag 10. Amino Ibrahim Women activist/Togdhee 11. Yusuf Hiito Poet 12. Cisman Abdillahi Religious leaders/Togdheer WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE ANNEX 34 WOMEN'S RIGHTS IN ISLAM AND SOMALI CULTURE ANNEX 35

ANNEX TEAMS AND WORKSHOP PARTICIPANTS

RESEARCHERS WORKSHOP PARTICIPANTS

1. Mohamed Haji Mohamoud Religious scholar 1. Ahmed Yusuf Dualeh Minister of Education 2. Mohamed Hassan Ibrahim A Researcher 2. Sh. Ismail Abdi Hurre Religious Scholar 3. Amina Warsame Researcher in Women Issues 3. Amran Ali Iis DG of Ministry of Family 4. Ja'far Mohamed Gadaweyne An Educationists and a Researcher 4. Mohamed Yusuf Abdi House Elders 5. Rashid Haji Abdillahi Sociologists and literalists 5. Mohamoud A. Hamud Intellectual and a Politicians 6. Ahmed Abbas Ahmed Intellectual 7. Khaliil Abdiqadir Religious Leaders WORKING GROUPS 8. Foosiyo Haji Dahir Religious Woman 9. Sacido Ahmed Abdi Teacher 1. Mohamed Saleh Igeh A judge, head of Hargeysa's Regional Court 10. Farduz M. Mohamed Educationist 2. Ifrah Adan A lawyer and Human rights advocate 11. Foosiyo Abdiqadir Housewife 3. Sa'di Muse Director of International NGO PENHA 12. Kayd Jama Officer- Ministry of Culture 4. Abdirahman Jimaleh A Researcher 13. Ahmed Saleyman Officer- Custodial Corp. 5. Mohamed Warsame Hadrawi A renown poet 14. Hoodo Mohamed Housewife 6. Bashir Farah Kahin Educationist and expert in Curriculum 15. Shukri Wali Women NGOs 7. Muse Ali Farur A leading Traditionalist 16. Ali Ahmed Gedi Public 8. Omar Nor Osman A parliamentarian and Traditionalist 17. Sahra Abdillahi Women NGOs 18. Ramla Mohamoud Women Activists 19. Faysal Abdillahi Journalist, Mandeeq REGIONS 20. Fadhiya Haji Hussein NAGAAD Umbrella 21. Jawahir A. Abdalla Teacher 1. Salayman Abdillahi Religious Groups/Sahil Region 22. Asha M. Omar Women Activists 2. Ahmed Roble Youth activists/Sahil Region 3. Sado Jama Ali Women NGOs/Sahil Region 4. Ikram Haji Dawuud Women Activits/Awdel Region 5. Sh. Hassan Dahaye Religious Scholar/Awdel 6. Yusuf Geedi Traditionalist/Awdel 7. Su'ad Salah Ibrahim Officer, Regional Court/Sanaag 8. Saeed A. Dahir Religious Group/Sanag 9. Roble Elmi Muse Traditionalists/Sanag 10. Amino Ibrahim Women activist/Togdhee 11. Yusuf Hiito Poet 12. Cisman Abdillahi Religious leaders/Togdheer For more information about UNICEF and how it is working in Somalia to improve the lives of children and youth, women and families please contact:

UNICEF Somalia Communication Section P. O. Box 44145 Nairobi Kenya

Telephone 254-20 623958 / 521396 Facsimile 254-20 520640

You can request programme updates by email from [email protected]