Female judges give Palestinian women hope
of fair hearings
Source: Globe & Mail
24/03/2009 4:50 pm
Judge Khuloud al-Faqeeh's biggest fear when she became one of the first two female Palestinian Islamic judges was that men would refuse to stand before her.
As in every Arab and Muslim country with the exception of Sudan, only men passed judgment in Islamic courts.
“They expect a man with a beard and a turban,” said Judge al-Faqeeh, smiling wryly from behind her desk as her hand made a circular movement above her cream-coloured satin head scarf.
Considered by many in this male-dominated society to be too emotional to serve as judges, women in Islamic courts were there to receive judgments, not to give them. The results were frequently unfair. But after the appointment of two women judges to Islamic courts in the West Bank last month, Palestinian women have begun to find an understanding ear – and more equitable judgments.
A graduate of Jerusalem's Al-Quds University with two law degrees, Judge al-Faqeeh is well aware of the need for women Islamic judges. For seven years she worked as an adviser at the Palestinian Women's Centre for Legal Aid and Counselling, advocating women's legal rights. Now, she says, she and her female colleague in Hebron, Judge Asmaha Wuheidi, are helping to uphold those rights in ways she could not as a legal adviser.
The Islamic courts deal with family-law matters such as marriage, divorce, child custody, child support and inheritance. But women, to cite just one example of the restrictions placed upon them, are often unable to discuss the reasons for wanting a divorce.
“Arab culture forbids talking of the intimate issues between a couple,” said Judge al-Faqeeh, dressed in a black robe with a sash in the colours of the Palestinian flag. “Even if [a husband] strikes his wife, she shouldn't tell.” But in the month since taking office, the mother of three from the village of Beit Rima has heard from women about an assortment of marital problems – including sexual ones such as impotence, violent sex, rape and the refusal by a man to have sex – “and it's her right, not just his.”
A woman would be unable to tell such things to a male judge, “so she would lose her right to a divorce because there would be no clear reasons,” Judge al-Faqeeh. “Talking with a woman she feels more at ease.”
Three couches surround the desk in Judge al-Faqeeh's office-cum-courtroom. A prayer rug lies over the side of one and the Palestinian flag hangs above another. On the wall across from her desk, law books line a set of shelves. Through the window, the Jewish settlement of Psagot acts as a constant visual reminder of the Israeli occupation under which she and her visitors live.
“Despite the fact that Palestinians are suffering from a difficult economic situation and from occupation, we are the first to have women Islamic judges, after Sudan, even though women in other [Muslim] countries have everything,” said Judge al-Faqeeh, pointing out that Jordanian law prohibits women from being Islamic judges.
Women across the Muslim world consider the Palestinian women judges a milestone for women's rights. But some disagree, arguing that Islamic law prohibits equality of the sexes. “This is just another way to impart the patriarchal structure and rules through women,” wrote one Muslim woman on a blog. “I think [these women] will become only robots to obey the sharia laws.”
Polygamous husbands are perhaps the most difficult problem facing Judge Wuheidi in Hebron, a city that is the butt of Palestinian jokes for being so conservative, particularly when it comes to women's roles. Many men from the region are married to more than one woman.
“The husband goes and marries a second and a third time and he neglects his first wife, as if she never was his life partner or that she has sons or daughters with him that he's also responsible for,” said Judge Wuheidi, who in 2003 became the first female Palestinian lawyer to specialize in Islamic law. She was often told that a woman “judges by her heart rather than her brain,” and could never serve as a judge.
Sheik Tayseer al-Tamimi, chief judge and chairman of the High Council of Islamic Law for Palestine, thought differently and decided last year that women could take the exam to become a judge.
“He said [the Islamic courts] need women the most, because the cases we receive are about the marital life and since a man needs a man to listen to him, a woman also needs a woman,” Judge Wuheidi said.
A key issue is child support. Judges usually ruled that a man must pay only 20-25 Jordanian dinars per child per month. “For me, I know you can't buy enough milk, diapers, clothes and medicine with 20 Jordanian dinars,” Judge al-Faqeeh said, proceeding to tell the story of a divorced couple who had arrived the day before to discuss child support.
“The man said, ‘I want to pay 200 shekels ($48 U.S.).' I said no. He said 250, I said no. He said 300, I said no. He said 400, I said no. He said, ‘500?'”
“I said, okay,” she said, recalling the story with a laugh.
ORLY HALPERN
16 March 2009
Article License: Copyright - Article License Holder: Globe & Mail
24/03/2009 4:50 pm
Judge Khuloud al-Faqeeh's biggest fear when she became one of the first two female Palestinian Islamic judges was that men would refuse to stand before her.
As in every Arab and Muslim country with the exception of Sudan, only men passed judgment in Islamic courts.
“They expect a man with a beard and a turban,” said Judge al-Faqeeh, smiling wryly from behind her desk as her hand made a circular movement above her cream-coloured satin head scarf.
Considered by many in this male-dominated society to be too emotional to serve as judges, women in Islamic courts were there to receive judgments, not to give them. The results were frequently unfair. But after the appointment of two women judges to Islamic courts in the West Bank last month, Palestinian women have begun to find an understanding ear – and more equitable judgments.
A graduate of Jerusalem's Al-Quds University with two law degrees, Judge al-Faqeeh is well aware of the need for women Islamic judges. For seven years she worked as an adviser at the Palestinian Women's Centre for Legal Aid and Counselling, advocating women's legal rights. Now, she says, she and her female colleague in Hebron, Judge Asmaha Wuheidi, are helping to uphold those rights in ways she could not as a legal adviser.
The Islamic courts deal with family-law matters such as marriage, divorce, child custody, child support and inheritance. But women, to cite just one example of the restrictions placed upon them, are often unable to discuss the reasons for wanting a divorce.
“Arab culture forbids talking of the intimate issues between a couple,” said Judge al-Faqeeh, dressed in a black robe with a sash in the colours of the Palestinian flag. “Even if [a husband] strikes his wife, she shouldn't tell.” But in the month since taking office, the mother of three from the village of Beit Rima has heard from women about an assortment of marital problems – including sexual ones such as impotence, violent sex, rape and the refusal by a man to have sex – “and it's her right, not just his.”
A woman would be unable to tell such things to a male judge, “so she would lose her right to a divorce because there would be no clear reasons,” Judge al-Faqeeh. “Talking with a woman she feels more at ease.”
Three couches surround the desk in Judge al-Faqeeh's office-cum-courtroom. A prayer rug lies over the side of one and the Palestinian flag hangs above another. On the wall across from her desk, law books line a set of shelves. Through the window, the Jewish settlement of Psagot acts as a constant visual reminder of the Israeli occupation under which she and her visitors live.
“Despite the fact that Palestinians are suffering from a difficult economic situation and from occupation, we are the first to have women Islamic judges, after Sudan, even though women in other [Muslim] countries have everything,” said Judge al-Faqeeh, pointing out that Jordanian law prohibits women from being Islamic judges.
Women across the Muslim world consider the Palestinian women judges a milestone for women's rights. But some disagree, arguing that Islamic law prohibits equality of the sexes. “This is just another way to impart the patriarchal structure and rules through women,” wrote one Muslim woman on a blog. “I think [these women] will become only robots to obey the sharia laws.”
Polygamous husbands are perhaps the most difficult problem facing Judge Wuheidi in Hebron, a city that is the butt of Palestinian jokes for being so conservative, particularly when it comes to women's roles. Many men from the region are married to more than one woman.
“The husband goes and marries a second and a third time and he neglects his first wife, as if she never was his life partner or that she has sons or daughters with him that he's also responsible for,” said Judge Wuheidi, who in 2003 became the first female Palestinian lawyer to specialize in Islamic law. She was often told that a woman “judges by her heart rather than her brain,” and could never serve as a judge.
Sheik Tayseer al-Tamimi, chief judge and chairman of the High Council of Islamic Law for Palestine, thought differently and decided last year that women could take the exam to become a judge.
“He said [the Islamic courts] need women the most, because the cases we receive are about the marital life and since a man needs a man to listen to him, a woman also needs a woman,” Judge Wuheidi said.
A key issue is child support. Judges usually ruled that a man must pay only 20-25 Jordanian dinars per child per month. “For me, I know you can't buy enough milk, diapers, clothes and medicine with 20 Jordanian dinars,” Judge al-Faqeeh said, proceeding to tell the story of a divorced couple who had arrived the day before to discuss child support.
“The man said, ‘I want to pay 200 shekels ($48 U.S.).' I said no. He said 250, I said no. He said 300, I said no. He said 400, I said no. He said, ‘500?'”
“I said, okay,” she said, recalling the story with a laugh.
ORLY HALPERN
16 March 2009
Article License: Copyright - Article License Holder: Globe & Mail
