The Family Court is looking for twenty marriage registrars. The conditions are that they be graduate followers of Sunni Islam, in possession of a sound mind, lacking a criminal record and, male.
Article 142 of the Constitution states that judges should consider Islamic Shari’ah when deciding on matters on which the Constitution or the law is silent.
On the issue of discrimination, the Constitution is clear. Article 17 prohibits discrimination against anyone on the basis of their gender while Article 20 states that ‘every individual is equal before and under the law’.
Hassan Saeed, Chief Judge of the Family Court, and his deputy, Hassan Shafeeu were both unavailable for comment throughout the day.
Deputy Minister of Islamic Affairs Ahmed Shaheem, an expert on Shar’iah, told Minivan that he would need more time to study the issue before commenting.
Shaheem also stated that he was unaware of a woman having been appointed as a registrar of Muslim marriages in any Islamic country.
The first Muslim female marriage registrar (maazouna) in the Islamic world was appointed in Egypt in October 2008, where the Constitution also enshrines the equality of men and women.
The then 34-year-old Master’s graduate in law, Amal Suleiman Afifi, was the first female marriage registrar in the Middle East, and as suggested by Egyptian press at the time, possibly the first in the Islamic world.
Despite the qualifications of Afifi, whose educational background was far superior to all other applicants, her appointment as a registrar was a contentious issue.
After a long legal battle and a religious edict (fatwa) from Egypt’s Grand Mufti Ali Gomaa, one of the world’s most recognised Islamic scholars, the issue was finally resolved in Afifi’s favour.
Gomaa’s fatwa declared there are no restrictions in Islam on women to act as marriage registrars.
Speaking to Egyptian newspaper, Al-Ahram Weekly, Gomaa said that in Islam a marriage registrar is a mere administrator, whose role was developed by the state to manage records and guarantee the legitimate rights of the parties concerned.
The maazoun, as he explained, has nothing to do with the pillars of the Islamic marriage. Therefore a woman’s signature on the contract does not violate Sharia.
Most of the objections to the appointment of a woman to the job of a marriage registrar were centred around the fact that in Islam, not one woman but two are required for the role of one witness.
Grand Mufti Gomaa’s ruling was that in executing the role of a marriage registrar, Afifi should not be considered a witness, but rather an official. As such, her signature on the contract does not in any way contravene the rules of Islam.
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The problem with most of our scholars and apparently our judges is that they follow conservative ideology that keeps women from fullfuilling their rightful roles in our society. It is taking the rights our women have enjoyed for so long. This is disgraceful. That a government office would so blatantly discriminate is disgraceful and cannot be condoned.
Shaheem is a State Minister. And I do not believe he ever received a degree in Shari'a when he studied at Medhinath University.
Women are sitting as judges in our courts then why not women to be marriage registrar?. So why only males is needed for this job ?
It's just so depressing to read how backwards our country is... discussing whether a woman can be a registrar or not... SIGH
Azra, I love your articles. I love the way you keep bringing up issue after issue and disqualifying all these justifications by these spineless men in the name of Islam. The time is over. It seems to me they are in a losing game.
No. Shaheem cannot answer without a outright lie. So he refrains. We will have a few mislead people making stupid remarks at your article, but hey Hats off to you!
I hope Democracy Network and Democracy House and HRCM (?) will do something about this!
@ Azra, You know very well that we are in a state of transition. So please don't make a big issue of such trivial (though important) stuff. Tomorrow we will have more women than men as marriage registrars. It is probably your article in Minivan that will be the biggest obstacle to women getting the job as marriage registrars. Everything is changing . Women can even be the head of state in the Maldive now. Please don't try to obstruct this with your silly articles that may offend the extremists.
@ Ismail -- "tomorrow [you] will have more women than men as marriage registrars" BECAUSE of articles like this one that bring light to discriminatory practices. B/c of this news site's probing, the deputy minister of Islamic Affairs said he will "study the issue." I don't think he would have otherwise. W/o it the job announcement would have gone unchallenged, and 20 male-only registrars would have been hired. Now, there is a chance to change that. Thank you Azra Naseem.
Ismail:
It is because of bigots like u that extremists are gaining power. Not offend the extremists? Screw them
Jefrey:
You dont want to believe or just do not care bcoz he (Shaikh Shaheem) begs to differ from your misguided belief?
Articles like this will be read by few people and is used to portray maldives in a way believed by Minivan editorial to the other countries especially the west.
Muslims in maldives should unite against people who call for ways against Islam.
This is not about Islam and against Islam. It is about people who holds the truth of Islam back and misguides people.
The writer proves her point. The truth hurts...So there are commenters who are finding it hard to digest that the discriminatory issues in Maldives, and misinterpret the message in the article deliberately.
This is about people who have been twisting the truth, losing face and its embarrassing for them. So they lash back and say Islam is being attacked.
Salim,
"The problem with most of our scholars and apparently our judges is that they follow conservative ideology that keeps women from fullfuilling their rightful roles in our society. It is taking the rights our women have enjoyed for so long. This is disgraceful."
Conservative ideology, meaning Islam I'm sure. Don't talk of Islam with your limited knowledge. When was a woman ever a marriage registrar in our country? Never. Maybe when our country was buddist 800+ years ago. You call it dicgraceful. Why? because it goes against your belief? Why do we have to follow yours while our knowledge and belief in Islam is still sound. Dont judge us with your conditioned western mind.
People will see more such things happening in this country. The country is slowly but surely going the way to extremism. I foresee a dark future for this country where women will be covered from head to toe with black shroud and men will be forced to have long shabby beards. Liquor will be prohibited through out the country including resorts and hotels. The country will have to sustain from hand outs from countries like Saudi Arabia and Iran. We will lose all our identity and will appear to be another Afghanistan or Somalia.
God damn it woman! Stay where you belong, in the kitchen!!
Women were never meant to be more than mere sex toys for the big boys =P
When men=women in Male', pigs shall fly.
Naaaat gona happen ever!
yeah, its always 'i'l have to check if it is allowed for women' now. dats the wahhabi cult ofcourse...in islam, everything is halal by default; unless it is clearly forbidden by Allah.
yesterday someone told me shez afraid that her hajj wouldnt be accepted coz she did not have a mahram accompanying her when she went to hajj few years back. some she heard from an FMradio mullah....BUT.. this woman brought up many children almost on her own....earning with hard work while taking care of the children. NO male relatives were there. not much help from the fathers. how many men can actually pull this off in this country? and now, tell me....wtf would this woman need a mahram to accompany her in hajj (after she did all that by herself for all those years)? obviously she is capable of doing much more by herself, she dont need their mahram rule...and she dont need their approval for allah to accept her hajj.
Islam is for all times and places. for the worst and best of times. we can understand that women would need protection (especially considering the level of education and opportunities they had back then durin the prophet's time) when there are perv arab bedouins walking around...looking for a jaariyaa to sell, or someone to rape and kill. but this is is not that place or time. u cant implement shariah in itz strictest form now. dont tell me i cant discuss my own religion. Quran/Islam is NOT copyrighted content of the wahhabis.it was revealed for all humanity. i have all the rights to express my opinion about it.
so, all you insecure men who think u gotta make women 'obedient', beat the sht outta em, punish em for your crimes,mummify em, make em ur sex slaves that u can punish if and when you dont get sex....u r either perverts,cowards, or a homosexual in denial. be a real man. and leave islam out of your sexual frustrations. srsly,dudes.
and women,history proves that maldivian women have never come down to this low... so i say, show em who you are, dont just sit around nodding at whatever they say is women's 'rightful place in islam'. coz it is not islam that is misogynistic, itz these men. its not allah speaking here, its their desires.
"Deputy Minister of Islamic Affairs Ahmed Shaheem, an expert on Shar’iah" ... really? I doubt his expertise. I am claiming myself to be the the grand mufti on Sharia law in the world. Now beat that.
@ADHD
You r hilarious.. hahahha
...so much negativity in this place
Goodness gracious! Women shouldnt be marriage registrars! Give a woman a position of authority? Nooooo! We will have chaos in the society. It will give leeway for women to worm their way into positions of power and before you know it you will have women managers and directors and judges and heads of independent commissions and Ministers!!
Oh wait...
this is shame !!!! why did shaheem had to even talk about other Islamic countries. the only islamic country he would know abt is saudhi arabia which is as backward as a country can get though the royal prince is so forward that he is now in a UK prison lol.
I strongly agree with most of the points by Moyameeha. However I have some questions for you. Why can't Sharia be implemented now while as you say Islam is a religion for all humanity and for all times? I know that the situation is not the same as it was at the time of the last prophet (pbuh), however, are you saying that men at this age are innocent and free from all the things you have mentioned above? Just a thought....
The situation is pathetic.
Why dont we get some Thai prostitutes to these sex-seeking wahhabi's, send them all to an island and let them toy with the girls how ever they want to.
And let the nation be on the free path to run its best.
Aussie? Are you still seeking attention? better grow up and be responsible. Let the locals deal with their issues because cultural relativism is important in dealing with conflicting views and practices
Is the word of disbelief funny and brings a smile to people??????????????
"If thou dost question them, they declare (with emphasis): "We were only talking idly and in play." Say: "Was it at God, and His Signs, and His Apostle, that ye were mocking?"
Make ye no excuses: ye have rejected Faith after ye had accepted it. If We pardon some of you, We will punish others amongst you, for that they are in sin.
The Hypocrites, men and women, (have an understanding) with each other: They enjoin evil, and forbid what is just, and are close with their hands. They have forgotten Allah. so He hath forgotten them. Verily the Hypocrites are rebellious and perverse..Surah- Al Tawbah 65,66,77.
What is the fuss about ?
As the article says :
"Speaking to Egyptian newspaper, Al-Ahram Weekly, Gomaa said that in Islam a marriage registrar is a mere administrator, whose role was developed by the state to manage records and guarantee the legitimate rights of the parties concerned.
The maazoun, as he explained, has nothing to do with the pillars of the Islamic marriage. Therefore a woman’s signature on the contract does not violate Sharia."
Presume this is the way women's place and participation in the workings of society can be justified in Islam ? Effectively, it's such a mundane unimportant admin job, even a woman could do it !!
What a fuss about nothing, eh?
And the article observes :
"Most of the objections to the appointment of a woman to the job of a marriage registrar were centred around the fact that in Islam, not one woman but two are required for the role of one witness."
So, man witness = one. Woman witness = half.
Therefore,is it not possible to conclude the Grand Mufti's logic on marriage in Islam thus ?
1 - a marriage registrar could even be a woman becasue it is the job of a 'mere administrator'.
2 - the institution of marriage is so unimportant that anyone can do it, even a woman with her insufficient half-witness capacity
In the Maldivian context, this makes a lot of sense, because marriage means not a lot anyway, Maldivians being particularly partial to divorce.
Clear as mud.
Thing is, even mud is more consistent!!