Sharia & Human Rights, Shirin Musa’s Intervention


thank you first of all I would like to thank everybody for attending this events on human rights and Sharia law in addition to the topics in the report of mr. Antonio Dennis I will inform you about other painful realities in the legs of moods of the European Muslim women I am the director for freedom and we have a very simple message the many Muslim women in Europe are European citizens and have to say basic human rights as other European citizens but we you will get those rights and therefore Kendell participates fully in European society in our case it is not the government’s that oppresses us but our communities however governments have a responsibility to adult human rights for all citizens important senses have been devan’s for example in the Netherlands where marital captivity has become a criminal offence but unfortunately European governments still are afraid to address human rights issues in the Muslims communities and therefore and there is even a school of thought and argues that if the Muslim community wants to deal with family issues to Cheniere and all and establish a real course that should be allowed and in my opinion this is very wrong they were a few countries all have good legal systems that are the basis for the human rights of all citizens do not allow these systems to be undermined by separate systems such separate systems are a continuation of oppression of women and in many cases also of men we are all European citizens we have the rights to enjoy and have to sell human right all other European citizens let me start with the issue of marital captivity this is a situation in which Muslim women are unable to terminate their Islamic marriage because this or divorce is x2 exclusive rights of a man in a situation of marital captivity the civil courts may have dissolved the civil marriage but the Islamic marriage still continues as well as a woman is tied to her Islamic marriage she may become socially excluded in the best case scenario she is unable to remarry or start a new relationship and start a new family summer fundamental human rights are violated but if she does enter a new relationship according to civil law she could be prosecuted for adultery or bigamy in Muslim countries because this is what Sharia law rules marital captivity is not a new phenomenon for example it also existed until 1971 in the Netherlands until 1971 Carlos couldn’t divorce without accusing the other of adultery and this was not often an option because adultery was a criminal acts in amendments after many measures of male and female in terms of marital captivity the Dutch governments and Parliament’s started to reform the Dutch family involved we had ten difficulty and self-determination an irretrievable breakdown was recognized in our family law and finally adultery was not a crime anymore but that was then and now we live in 2019 in a new era Europe has changed after the seventies your hasn’t only become a multicultural a multi-ethnic society but also a multi legal society and I am one of those many descendants of Muslim migrants and therefore experience myself have Sharia doll influenced my life even though I am attached citizen living in the Netherlands let me tell you about my case in 1971 attention my parents from Pakistan when I was a six-month year old baby when I was young I wanted to become a judge or join the Turkish Foreign Service but I became an exodus home as marital captivity and all other forms of injustice in the name of religion and culture I saw the injustice and inequality happening in the women of my own community woman who suffered from polygamous marriages woman who were stuck in marital captivity for the rest of their lives and young woman and girls my best friends who were married when they were 14 15 and 16 even some women were killed because they had boyfriends but I was lucky I completed my high school education and went to university I entered my third marriage voluntarily and could never imagined that I would end up in marital captivity after my civil divorce my ex-husband’s refused me and Asami divorce my life felt stuck I felt a lot of physical pain I was living in fear and worries I couldn’t remarry or start in your relationship because otherwise I could face persecution for adultery in my country of origin Pakistan my ex-husband wanted me to become one of his two wives because Sharia law allows men to marry for women and all women have to submit themselves to the marital obedience role and this means that white as obey the husband in everything he wants if he forces me to drink a glass of water I have to listen to him if he forces me to have intimacy with him I have to follow him well I asked all religious authorities including the Grand Ayatollah Sistani in Iraq Dutch lawyers and professors for help and nobody would help me but I started to study law I wanted to my situation and I discovered that Dutch jurisprudence rules that a Jewish lady she managed to get rid of her Jewish situation of miracle its activity and the Dutch Supreme Court in 1982 ruled that the Jewish situation of marital 50c was a wrongful acts so I was the second reports to the civil courts and I started a civil case against my ex-husband’s and I used the Dutch cocoa X article and for the very first time the European Convention on Human Rights article 8 and 12 I said I couldn’t remarry and I couldn’t establish a new family life the judge ordered my ex-husband’s to pay penalties for each day he refused to give me religiously worst and with the recognition of marital captivity as human rights violation and the wrongful acts in civil law it became presidents for many other women in the Netherlands and I decided to establish for freedom for making that easier for women and girls were stuck in different legal systems but my case was quite easy and I was loved and supported by my parents and I found my way in Dutch no I made a situation I made an end to my situation and now I need a happy life in peace and dignity but you might think that this lady is free like of birds but I am NOT this lady was talking to you now is still most having the same rights like you because of Sharia law I can never marry a non-muslim for example if I do I will be completed for 20 years in Pakistan if I have a relationship out of wedlock I will be prosecuted for adultery in Muslim countries and may face retribution for my community in the Netherlands I and many others don’t have a choice to get rid of Sharia if I need Islam then I will face travel again but still I consider myself fortunate but many women are not the lady often II will tell she was persecuted for adultery and I’m talking about 30 European citizen born and raised here in a Western European country but let me give you another example a very common example over Velma the Muslim background who can be confronted with transnational guidance and Sharia law for example a 13 year old girl a Dutch girl who’s born and raised here brought to Sudan and forced into a marriage because Sudanese Sharia law allows girls to marry minor girls let’s suppose if she wants to return back to the Netherlands and she asks the Dutch embassy for help again they cannot help her with the passport because then the Dutch passport crew and the the Dutch Passport law says that he needs the permission of your parents and back when he goes to Sharia law you need the permission of their husbands so these are any new play and real-life stories that we are stuck in no-man’s land if the girl comes back to the Netherlands she cannot get rid of her Sudanese marriage because her marriage is established in Sudan and I also give you another example of our slavery and misery because if you said stay free and misery of many European Muslim women who suffer from the male guardianship it’s not only a Saudi issue but if an Iranian woman an Egyptian woman or a Saudi woman born and raised here if he ever goes back to our country of origin they cannot leave the country because they need the permission of the milk guardian so what should I say I mean I am I mean we can never win from Sharia of our native countries and also what’s from their rules of international nationality law but I am very disappointed in European politicians in European politician who always gives a firm stand for women in Arab countries when their human rights are violated but whenever our own women faces same issues they remain silence your supports women’s rights gender equality and female leadership in Africa in Asia in Arab countries with development aids and programs that she decides but bet here I mean we face the same problems but only I mean people always talk with scientists academics and Muslim men at first angers and disappoints me to be a third law citizen and it disappoints me that in 2019 in my country the Netherlands Salafi mosque say even preach that female genital mutilation is recommended according to Sharia in Islam and that in that there is ZERO action taken because this is so cool so so-called the freedom of religion and then our dignity health peace and safety sacrifice for the fear of being considered as a racist and Islamophobe instead of the courage to protect us and my personal opinion Who am I is that it is an act of racism and discrimination if you keep if you keep ignoring us and not taking any action to stand up against we did it so Muslim girls are in no-man’s land when it comes to the enforcement of our of their internationally recognized human rights Muslim women who get married in their country of origin and later on the divorced and face work issues due to the present legal systems because Muslim countries do not recognize European divorce rates as well the Sharia is multiplied accepts Turkey and Tunisia the situation is complicated because religious and legal systems also affect issues of marriage and divorce in Muslim communities back here so to help your Muslim women and gross exercise there internationally human rights we need to build international coalition’s between governments legal organization human right defenders and stake holders we can only sample issues like this successfully if we exchange ideas views initiatives new research and work together and women rights in today’s multicultural world with different national and religious legal systems influencing the lives of individual women need creative solutions and courage that can be applied beyond national borders after the second world war and international human rights architecture was Delilah’s but started with the Universal Declaration of Human Rights was soon elaborate into treaties the optimism of 1948 a broad agreement on international human rights as well materialized because international political developments have often gone in a different direction but the way human rights has been laid out in binding international public law with national and in some cases international courts enforcing them beyond expectations individuals who could not make themselves hurt and not those of course and raise the issues of the violation of their human rights that’s a few less but this this has been the first step isn’t this a time to start looking for a second step of really international private law and nationality law in line with the internationally recognized human rights should we will take steps enforce women’s rights by introducing the necessary rights into international private law especially regarding marriage divorce and self-determination and this is a complicated discussion I agree both within the woman rights are movements and within governments and other legal organization people are cautious woman rights organizations think the struggle should be made in the international political arena governments and legal organizations are afraid that the both approach to international private law who endangered progress made in the past 50 years but I have a different vision I see international private law as an equal to make change possible for which the international political arena alone is not ready yet for bringing the subjects to the international legal attenti night today snow the unexpected changes may appear possible which will then also affect the international political addenda agenda and we need to build coalition cognitions to set up a system of the operating legal and human rights organization which can feed government’s organizations with ideas regarding international private law developments and the value of this for the coming generations of girls and women cannot be overestimated but let’s make a first important step I hope you will vote for the resolutions of mr. Peter on tapes and the resolution for a broader definition of course marriage with the force to continue a marriage all kinds of forms of violence against women as we recognize in treaties and resolutions but not marital captivity even notes in the Istanbul convention and I bet you focus us not announcers you native Europeans fought in the 1970s for legal equality between men and women for sexual and reproductive rights you achieve impressive results but we are not there yet now it’s our turn to continue the fights we are European citizens and we need your assistance and recognition of the injustice that we suffer in the name of Sharia and culture and support our fight for sexual and reproductive rights for gender equality for the Muslim women our fight is not only important for Muslim women it is also a necessary step for the emancipation of the entire Muslim community and we will think that only men are bad many young men are open for change but they also suffer from fashion from pressure from the current millimeters in their communities and Islam and all that can of course go hand in hand with the European Convention on Human Rights no problem but we have to end the rule of the patriarchy in our communities and if your help us to achieve our fundamental human rights this will help the emancipation and integration of our communities and only then and only when women and men from our communities will be able to participate and possibly fully to the European society and I want to thank you for listening to me and thank you very much mr. Otis for your patience if you have questions or need further information I mean I will be at your disposal at any time thank you you

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