Social System, The Khilafah

Capitalism Cannot Address or Remove Gender Based Violence

The Guardian Newspaper of 14th December 2015 published news on a research report from Tanzania Network of Legal Providers (TANLAP) that suggested there is an alarming growth of gender based violence and matrimonial cases in Tanzania.

Comment:

The 32 page report by the Tanzania Network of Legal Aid providers (TANLAP) titled: “The State of Legal Aid Service Provision in Tanzania: Opportunities and Challenges” indicated that between 2013 and 2015 gender violence cases recorded in Arusha stood at 1,040 closely followed by Dar es Salaam Region (922), Shinyanga Region (869) and Kilimanjaro Region (696).

Also the report shows that probate cases, land disputes, child maintenance and matrimonial cases were higher in Dar es Salaam Region compared to other regions. The city recorded 5,247 probate cases up from below 2,994 in Tanga, 1,440 in Kilimanjaro and 1,428 cases in Arusha regions respectively.

One among Western world intellectual hegemony to our developing countries is their imposition of their outlook as universal on the issue of gender based on their secular ideology. An ideology resulted from the limited human mind that brings many shortcomings, weaknesses, contradictions and ultimately violence. No one can deny the fact that repugnant tribal cultures have a role in causing gender-based violence especially in the African societies. But causes are going beyond that. Hence capitalism is not only a major cause but motivates and entrenches it.

The Capitalist viewpoint of interest degrades women as commercial and sexualized tools that has led some men to treat them in inferior ways and even in violent manners. Furthermore, the capitalist solution dealing with gender based violence encourages and motivates further problems rather than solving them for two reasons:

Firstly, it depends on human legislation that is emanating from weakness, contradictions and biased. How will you enable to solve problems from a problematic legislation?

Secondly, it encourages forming gender based organizations such as women organizations, that in the real sense widens the gap of the two genders in disguise of alleviating the predicament.

The Islamic view all problems as human problems that need solutions whether caused by male or female.  Under the Islamic State of Khilafah, the issue of gender violence will be addressed by intellectual means and firm divine legislation from the Creator of the two genders.

وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنفَ بِالأَنفِ وَالأُذُنَ بِالأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ

“And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him.”

(Al-Ma’ida: 45)

Masoud Msellem

Deputy Representative of Hizb ut Tahrir in East Africa