Analysis, Central Asia, Side Feature

Are Women’s rights Protected by Oppressing and Imprisoning Imams?

The ‘Azadlaik’ radio station mentioned news stating that the Kyrgyz government is preparing the drafting of a law that includes compelling those who want to get married to go and register their marriage in the civil register before the completion of the Islamic ceremony. It also includes the imposition of the penalty of imprisonment for a period of five years for any Imaam who concludes a Shar’ii contract of marriage before the aforementioned procedures. Additionally, the draft forbids the marriage of girls between the ages of 16-17 years. This draft law is currently waiting to be passed forward for a general discussion upon it within parliament in the forthcoming period.

According to the member of the High Kyrgyz Council, Almira Jumaliyafa, the primary aim of drafting the law is to put a halt to the phenomenon of early marriages and to protect the rights of the two spouses. He added, “We see cases of marriage at the ages of 15 and 16 and this situation is not right even if it occurs with the consent of the two parents. That is because girls at that age are not yet ready. It is therefore necessary to strengthen the penal and administrative responsibility and compel the particular parties to go to the civil registration and nowhere else”.

The people of Kyrgyzstan are from the Muslims, most of whom follow the Ahkaam Shariah in respect to that which relates to the social system in terms of the Mahr (dowry), marriage and divorce amongst other issues. Indeed, these Ahkaam are deeply rooted within their lives and their emotions. And now, according to the drafted law that will be discussed, the Imaam and anyone who convenes a Shar’ii contract and doesn’t go to the civil registrar will be imprisoned, with the term of imprisonment lasting 5 whole years!! And in spite of the injustice and oppressiveness that are contained within the lines of the law and the extent of its violation to the Shar’a, they are claiming that it is for the sake of protecting the rights of married women and girls!!

At this point we would like to really ask them about the true reason behind the violation of the rights of the woman in Kyrgyzstan and the fundamental reason for her remaining without a breadwinner and without a home in some situations? And will the forthcoming imposed civil contracts save her from what she is suffering from due to the other laws!! Destroyed is that in which they are engaged and worthless is whatever they were doing!!

The real culprit and source of adversity that has produced a host of difficult to comprehend problems which the woman in Kyrgyzstan suffers from is the non-application of the Ahkaam Ash-Shariah which Allah سبحانه وتعالى revealed. That is because Islam made the woman a mother, a caretaker of the home and an honor that must be safeguarded. She remains in the care and protection of her father or male relatives (maharem) before marriage and then after marriage she is under the care and protection of her husband. The fulfillment of her needs is guaranteed in terms of food, clothing and housing in all situations and throughout her life. If the breadwinner is absent, it then becomes the role of the state to care for her and protect her.

O Muslims in Kyrgyzstan!!

Your rulers do not take care for your affairs well, and the laws that they legislate for you do not solve your problems. Indeed, they spare no effort to fight against the Ahkaam (rulings) of your Lord in order to distance you from your Deen and to enforce the disbelieving capitalist system and corrupt democracy over you.

The Deen of Islam which was sent as a Rahmah (mercy) to mankind contains the solutions for all human problems whilst the rulers, governors and judges within the Khilafah State (Caliphate), at the head of which is the Khalifah, apply the system due to the motivation of their Taqwaa (fear and obedience) to Allah سبحانه وتعالى.

Before the disbeliever colonialist entered our lands the Muslims lived an honorable and dignified life under the shade of the Khilafah and the woman was held high in esteem, her dignity was preserved and her honors safeguarded. Humiliation, the losing of rights and the hard conditions that the women live today in Kyrgyzstan goes back to the corrupt system that is currently applied and such matters will not be solved by imprisonment of the Imam as the constitutional law legislated.

O Muslims in Kyrgyzstan!!

Do not be content with these oppressive and unjust laws but rather uproot them completely from their roots and only then will you be able to bury the economic, educational, societal and political problems that you are suffering from.

The voice of Truth has become loud today and the call of the Muslims demanding the return of the Khilafah upon the path of the Prophethood has spread to all corners of the world. So join with them and work alongside those working to resume the Islamic life within life’s arena once again.

Allah Almighty said:

اللَّـهُ وَلِيُّ الَّذِينَ آمَنُوا يُخْرِجُهُم مِّنَ الظُّلُمَاتِ إِلَى النُّورِ ۖ وَالَّذِينَ كَفَرُوا أَوْلِيَاؤُهُمُ الطَّاغُوتُ يُخْرِجُونَهُم مِّنَ النُّورِ إِلَى الظُّلُمَاتِ ۗ أُولَـٰئِكَ أَصْحَابُ النَّارِ ۖ هُمْ فِيهَا خَالِدُونَ

“Allah is the ally of those who believe. He brings them out from darkness into the light. And those who disbelieve – their allies are Taghut. They take them out of the light into darkness. Those are the companions of the Fire; they will abide eternally therein”

(Al-Baqarah: 257)


Women’s Section, The Central Media Office of Hizb ut Tahrir

Wednesday, 10th Rabii’ Il 1437 AH

20/01/2016 CE

Issue No: 1437 AH / 021