During these dark years, women’s problems received increasing attention from international forums such as the United Nations General Assembly and the United Nations Human Rights Committee, which took upon itself the adoption of agreements and declarations related to women and their rights, such as the Convention on the Elimination of all Forms of Discrimination against Women on 18/12/1979 which its provisions have become international legal norms, obligating the states of the parties to amend their internal legislation, to include the principles of equality between men and women in their constitutions, and to take all necessary legislative measures to eliminate all forms of discrimination against women.
However, the situation of women today and in light of these international legislations, and the hardship of living they suffer and the increased burdens placed on them, have not only proven the inability of these international legislation to do justice to women but also the false allegations of achieving equality, protecting rights and striving for empowerment. Instead, it has been proven by many evidences throughout these years that is an inevitable result of these unjust international legislation emanating from the capitalist democratic system, which only brought humiliation to women and exploitation of their femininity in order to achieve their equality with men.
Dark years that women lived through, after the Muslims’ tragic loss of their great edifice, the Islamic Khilafah (Caliphate), where women lived in peace, security and tranquility for 13 centuries under the system of justice, the system of Islamic rulings and divine legislations emanating from the Islamic creed, which established justice among humanity; and gave women their full rights, guaranteed a decent life for them, raised their status and empowered them in various fields of political, educational and social life.
From these rulings and legislations, for example, but not limited to, we put before you some articles of the draft constitution for the Khilafah State that was prepared by Hizb ut Tahrir to give Muslims a perception of the reality of the Islamic state, its form and its systems, and what it will implement from the Islamic systems and rules. This constitution emanates from the Islamic creed, taken from Islamic Shariah law, based on the strength of the evidence. Its adoption was from the Book of Allah, the Sunnah of His Messenger, and what they guided to, from the consensus of the Companions and the Shar’i analogy (Qiyas). To view the full articles of the draft constitution for the Khilafah state, we advise you to visit the websites of Hizb ut Tahrir, which are available on all social media sites.
From these articles:
Article 6 – All citizens of the State shall be treated equally regardless of religion, race, colour or any other matter. The State is forbidden to discriminate among its citizens in all matters, be it ruling or judicial, or caring of affairs.
Article 114 – Women have the same rights and obligations as men, except for those specified by the Shar’i evidences to be for him or her. Thus, she has the right to practice in trading, farming, and industry; to partake in contracts and transactions; to possess all form of property; to invest her funds by herself (or by others); and to conduct all of life’s affairs by herself.
Article 115 – A woman is allowed to be employed in the State official jobs… She can elect and be a member of the Majlis al-Ummah, and also participate in electing and giving of the bai’ah to the Khaleefah.
Article 119 – Men and women must not practice any work that poses danger to the morals or causes corruption in society.
Article 120 – Marital life is one of tranquillity and companionship. The responsibility of the husband on behalf of his wife (qiwaamah) is one of taking care, and not ruling. She is obliged to obey her husband and he is obliged to meet the costs of her livelihood according to a fair standard of living (ma’roof).
Article 178 – It is an obligation upon the State to teach every individual, male or female, those things which are necessary for the mainstream of life. This should be obligatory and provided freely in the primary and secondary levels of education. The State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge.
Know, my Muslim sister, that divine legislation has given women their full rights, not for the sake of achieving equality, but for the sake of achieving justice. Therefore, they have maintained these rights for 1300 years and are reaping the fruits of this justice. The concept of justice in our sacred law has nothing to do with women obtaining political economic, educational and judicial rights same as men as the West wants us to do. In fact, servitude to Allah (swt) for which we were created cannot be achieved except by making the rights, roles and duties of men and women (in marriage, family life, and society in general) linked to the Islamic creed and the solutions emanating from it, whether they favoured or equalized between women and men as servants of Allah (swt).
So today why are you panting behind the laws of the West, and in your hands is the Book of Allah (swt) and the Sunnah of His Prophet Muhammad (saw)?! And how can you appeal to your executioners while you were living, in dignity and honour, at a time when women in the West were struggling for their rights, but were wrenching their rights to be equal with men?! Are we a nascent nation today that does not have a system to seek help from others?! We are an old nation in history that carried the torch of goodness for mankind for centuries. Islam is a great Deen that came as a mercy to the worlds. Allah (swt) said:
[وَمَا أَرْسَلْنَاك إِلَّا رَحْمَة لِلْعَالَمِينَ]
“And We have not sent you, [O Muhammad], except as a mercy to the worlds” [Al-Anbiya: 107].
So, to a pure understanding of Islam, and to an understanding of the rulings of your Deen, according to Shariah understanding, we call you, my Muslim sister. We appeal to you to be with those who build the Khilafah State, and not with those who carry shovels to demolish it. The work to establish the Khilafah Rashida (rightly-guided Caliphate) is the productive work and the radical solution to all the problems of Muslims and not only to the problems that women suffer from, as it will restore the status and honour to women and the special value that they deserve. It will also remove injustice from all of humanity because it is the Deen of the One who created everything, and He is Al-Latif Al-Khabeer (the Kind and All-Knowing).
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